- Principle and conditions
- Duties of the staff representatives
- Means by which the staff representatives may achieve their tasks
- Arrangements for the election of staff representatives
- Election of the staff representatives
- Dismissal of the staff representatives
Inspection du Travail
2 rue Princesse Antoinette
MC 98000 Monaco
Labour Inspectorate :
(+377) 98 98 87 26
Fax : (+377) 98 98 89 74
Opening Hours : from 9.30am to 4.30pm (doors close at 4.00pm) from Monday to Thursday, from 9.30am to 01.00pm (doors close at 12.30) on Friday
Principle and conditions
All establishments which are generally occupied by more than 10 employees, regardless of their legal status and their purpose, must have staff representatives.
Duties of the staff representatives
Representing the staff
Staff representatives represent the staff to the employer and make the employer aware of any individual or collective grievance concerning the application of the employment regulations (law, collective agreement, salaries, working hours, health and safety, benefits etc.)
However, each member of staff remains free to express their own complaints to the employer themselves. If the member of staff so desires, they may ask a representative to accompany them.
Staff representatives are consulted for the following:
- Collective dismissals (dismissal of at least ten employees) for financial reasons
- Working hours (if the planned schedule exceeds 48 hours)
- Arrangements concerning paid leave
- Draft of the internal regulations
Spokespeople to the Labour Inspector
Staff representatives are the spokespeople to the Labour Inspector. They can convey any problem concerning the application of the law and accompany the Labour Inspector, if they so desire, during visits to the company.
Management of the company’s assets
Staff representatives manage the company’s assets, in conjunction with the employer, in companies that have more than 50 employees.
Means by which the staff representatives may achieve their tasks
Meetings with the employer
At least once per month, the employer must convene a meeting and receive the staff representatives, who may ask an agent from the trade union associated with their profession to accompany them. The staff representatives ask their questions in writing two days before the meeting.
The employer answers these questions during the meeting, then, within six days, writes these answers down in a log book which staff may refer to one working day out of every 15. The Labour Inspector may also refer to this log book.
Hours of representation
The permanent staff representatives each have 15 hours of representation per month (except in extenuating circumstances which justify exceeding this threshold). The hours used for practicing this mandate are considered and paid as working hours.
The staff representatives do not need to ask for permission before leaving their workplace, nevertheless it is customary to inform the employer if they are going to leave the workplace.
Freedom of movement
The staff representatives are free to move around in the company during the hours of representation or outside of working hours.
They can move around and make contact with the employees at their workplace (on the condition that they do not disturb the employees too much)
Provisions made for the staff representatives
A premises and a notice board are provided for the staff representatives in any establishment with more than three staff representatives.
An up-to-date copy of the collective agreement is given to them by the employer.
Arrangements for the election of staff representatives
The employer must organise elections for staff representatives once per year. Lack of initiative or refusal to make these arrangements can lead to criminal prosecution.
The employees of the company may, at any time, contact the Labour Inspectorate to request the organisation of the elections, if the institution has not taken it upon themselves to do this.
Employees who are at least 16 years of age and who have at least six months of seniority may vote.
Individuals who are eligible to vote
Voters who are at least 21 years of age are eligible to vote on the condition that:
- They are of Monegasque nationality or they have worked in Monaco for at least five years
- They are not the spouse, ancestor, descendant, brother, sister or first degree relative of the company manager
- They have not received certain convictions
Number of representatives
The number of staff representatives elected varies depending on the number of employees in the company. The same number of replacement representatives as permanent representatives are elected.
From 11 to 25 employees: 1 permanent and 1 replacement
From 26 to 50 employees: 2 permanents and 2 replacements
From 51 to 100 employees: 3 permanents and 3 replacements
From 101 to 250 employees: 5 permanents and 5 replacements
From 251 to 500 employees: 7 permanents and 7 replacements
From 501 to 1000 employees : 9 permanents and 9 replacements
Per group of 500 additional employees: 1 permanent and 1 replacement
The employer must:
- Determine the break-down of the staff in the constituencies and the break-down of the seats to fill in the constituencies, with the agreement of the employees concerned (in the absence of an agreement, the Labour Inspector will decide on the break-down)
- Inform the staff, using posters, of the dates and times of the first round of the election at least two weeks in advance
- Display, within the same timeframe, the different electoral rolls for each constituency: workers and employees on the one hand, executives, technicians, supervisors and the like on the other hand
Election of the staff representatives
Staff representatives are selected once a year and can be reelected.
The election is conducted as a secret ballot. There are separate votes for permanent representatives and replacement representatives. Within the constraints of the number of representatives which can be elected, voters can choose candidates which belong to different rolls.
On the day that the first round of the election is announced, using posters, a polling station must be selected.
The polling station is chosen, for each constituency, by the two oldest voters as well as the youngest voter, present at the time the election is opened.
The polling station ensures that the election runs smoothly. The polling station records the results as well as any observation they think may be relevant in the minutes.
How the elections are run
Candidates are elected by absolute majority from the registered voters. If this majority is not reached, a second round must be organised. During the second round, candidates who have achieved relative majority will be declared elected.
Counting the votes and results
The votes are counted immediately after the end of the election. After the votes have been counted, the managing director of the polling station reveals the result of the vote. In the event of a tied vote, the oldest of the candidates is elected.
The managing director of the polling station prepares the minutes of the elections, which will then be displayed and given to the elected representatives as well as to the Establishment Manager.
Disagreements and disputes
The Labour Inspector has the authority to decide on:
- The break-down of the staff in the constituencies
- The break-down of the seats to be filled in these constituencies
Only the Justice of the Peace has authority concerning other matters and must be contacted:
- In the three days which follow the display of the electoral rolls for disputes concerning the electorate
- In the three days which follow the declaration of the results for disputes concerning the regularity of the way in which the elections were conducted
Dismissal of the staff representatives
The following individuals may not be dismissed without the consent of a commission which is presided by the Labour Inspector:
- Permanent and replacement staff representatives
- Former representatives, during the six months which follow the termination of their position
- Candidates, during the two weeks which precede the elections and three months after the elections
- Act no. 459 of 19 July 1947 amending the status of staff representatives
- Ordinance no. 3.285 of 15 September 1946 laying down the terms for the organisation of elections, pursuant to the act no. 320 of 13 June 1945
- Ordinance no. 2.528 of 03 June 1961 pertaining to terms for the dismissal of staff representatives