Teleworking Monaco/Italy: Amendment No. 1 to the General Social Security Agreement comes into force on 1 June 2024

Sovereign Order no. 10.558 of 16 May 2024 (JDM no. 8696 of 24 May 2024) renders enforceable Avenant n° 1 (Addendum) to the General Convention on Social Security between the Principality of Monaco and the Italian Republic of 12 February 1982, signed in Monaco on 10th May 2021 from 1 June 2024, the date of its entry into force with regard to the Principality of Monaco.

Amendment no. 1 modernises the provisions of the General Convention on Social Security by taking into account cross-border teleworking (introduced into Monegasque legislation in 2016), and defining the social security legislation applicable in this case.

The possibility of cross-border teleworking is also provided for with France.

Read more > Teleworking in Monaco: who, what, where and how?

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Content of Avenant n° 1 (Addendum)

Article 1 of the Addendum creates a new exception to the principle of the General Convention on Social Security according to which "Workers employed in one of the contracting countries shall be subject to the legislation of the country of the place of work" (Article 4 § 1 of the Convention:

"(f) employees or workers treated as employees residing in one of the two Contracting Countries who work exclusively for an employer, whose registered office or place of business is established in one of the two Contracting Countries, teleworking from the territory of the other Contracting Country, shall be subject to the legislation of the Contracting Country in whose territory the employer has his registered office or place of business, provided that they spend at least one third of their weekly working time on the employer's premises." (article 4 § 2 new subparagraph f) of the Convention).

The Addendum also provides for verification of its application at the end of a period of 3 years from the date of its entry into force, as well as the amicable settlement of disputes concerning the interpretation and/or application of the Adeendum, through direct consultations and negotiations between Monaco and Italy.

Finally, as far as Italy is concerned, the implementation of the Addendum is subject to the obligations arising from its membership of the European Union (nationals and residents falling within its scope).

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Related texts

• Loi n° 1.429 du 4 juillet 2016 relative au télétravail (Law no. 1.429 of 4 July 2016 on teleworking)
• Arrêté ministériel n° 2016-425 du 1^er juillet 2016 portant application de la loi n° 1.429 du 29 juin 2016 relative au télétravail (Ministerial Order no. 2016-425 of 1 July 2016 implementing law no. 1.429 of 29 June 2016 on teleworking)

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