Teleworking: new for mandatory information in contractual clauses (Ministerial Order no. 2024-619 of 4 November 2024)

Ministerial Order no. 2024-619 of 4 November 2024 amends article 1 (figure 3) of Ministerial Order no. 2016-425 of 1 July 2016 implementing Law no. 1.429 of 4 July 2016 on teleworking, relating to the compulsory wording of contractual clauses on the conditions for carrying out teleworking to be stipulated in the body of the initial employment contract or in a written amendment to the employment contract if teleworking is introduced during the performance of the contract:

• It is specified that telework is carried out on ‘at least one day per week’. Emphasis is placed on the fact that the alternation between teleworking and on-site work (at the employer's premises in Monaco) is calculated on a weekly basis, and not on a monthly basis. This excludes alternating weeks (week entirely teleworked/week entirely on site).
• There is no longer any requirement to identify the exact days on which teleworking is carried out. Thi allows greater flexibility, as these days may not be identical from one week to the next. However, it is imperative to indicate ‘the methods of prior determination’ of the days worked in the form of teleworking, which implies a strengthening of the requirement for contractual precision with the use of precise criteria (e.g. notice period, periodicity...).

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