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UPDATE



          Teleworking: six years and a crisis                                                           by Milena Radoman




          Today, telecommuting has become commonplace. Big companies have adopted it.

          When the law governing teleworking was   employer who fixes the days
          approved in 2016, the Monégasque authorities   that can be teleworked within
          were very optimistic. They were counting on   the framework. Amongst
          recourse to this new way of working for between   employees, the demands
          500 and 5,000 employees (so between 1 and   are also very variable. Some
          10% of all employees), and for between 7,000   people like Wednesdays so
          and 10,000 medium-term contracts (between   they can have lunch with
          18 and 26%, corresponding to the European   their children – but others
          average). It was ultimately an unexpected event,   absolutely not,” says Pascale
          a health crisis of unprecedented magnitude,   Pallanca with a smile.
          which accelerated the adoption of working   This may, however, be just the
          from home. Faced with the Covid-19 pandemic,   beginning of an acceleration:
          more than 10,000 of the Principality’s workforce   “Many  companies  have
          started working from home 100% of the time   decided to take the plunge
          from March 2020 in an exceptional remote   after the Covid experience.
          working system introduced by the government   Demands are increasing
          to limit the spread of the virus and avoid the   steadily and this modified
          mixing of people in the office and on public   way of working from home
          transport. “Covid has completely changed   will boost the workforce.” If
          the game. 10,000 people working from home   today 80% of employees who
          overnight was unthinkable in any other context!”   have signed a teleworking
          recalls Pascale Pallanca, Director of the Labour   contract reside in France,                               © OMT
          Inspectorate, according to whom the crisis   a new bilateral agreement   Yohann Jaffrelot, spécialiste du télétravail, Direction du Travail
          has changed minds and upset assumptions.   signed with Italy in May 2021,
          “Employers who felt it was not for them realised   after more than five years of discussions, will   considerable advantage for the employee,
          that their staff were playing along and even   allow Italian employees in the Principality to   saving time (journeys, traffic jams), boosting
          out-did themselves in this way of working. For   benefit from the same system. “This agreement   efficiency (fewer interruptions) and reducing
          fear that their company would close or they   lays down the principle that teleworkers residing   stress. This grants greater autonomy at work
          would lose their jobs, employees have shown   in Italy can be subject to Monégasque social   and a better balance between personal and
          great flexibility and commitment,” analyses   legislation for the entire duration of their   professional life. Companies, on the other hand,
          Yohann Jaffrelot, the Labour Inspectorate’s   activity as teleworkers on behalf of a company   make substantial savings (lighting, electricity
          teleworking specialist.             established on the territory of the Principality,”   etc) and can reduce the surface area of their
                                              indicates the Monaco government. “The bill was   premises and/or increase their hiring capacity,”
          Covid booster                       tabled by the Italian government in December   according to Pascale Pallanca and Yohann
          The exceptional measures for teleworking,   2021. We have already had requests from   Jaffrelot - provided of course that they avoid
          renewed several times during the pandemic,   companies for Italian workers. There was a fear   the pitfalls of hyper-connection and consequent
          have been extended to the 31  of May. Today   of seeing remote work stop, not being able to   overwork and, for bosses, mistrust and intrusive
                                st
          “real” teleworking, which follows a specific   switch to a legal regime. With the agreement,   control. Some employers do indeed use more
          framework (maximum three days per week, new   there is no longer any problem of affiliation   or less legal tools to ensure that their staff are
          work permit etc – please see our article What   to the Monégasque funds provided for by the   working despite the distance.
          The Law Says) “concerns 120 companies and   terms of the agreement,” says Pascale Pallanca.  For the state, “teleworking is very interesting
          2,216 employees living in Monaco or France (50%                          both economically and environmentally. The
          men and 50% women), particularly in finance,   Incentive for job candidates  prospects for job creation and, therefore,
          which is the number one sector, shipping,   Teleworking is, therefore, on the rise. “Now it   higher social security contributions, should
          digital and consulting firms. The oil sector   has even become a hiring argument. Some   secure the balance of the accounts of our
          is also well represented with SBM Offshore   employers tell us that candidates come to   social funds; and by making it possible
          Monaco, whose employees represent a little   them because they have set up this way of   to reduce the daily travel of employees to
          less than half of all telework employees,” adds   working and are ready to accept a lower salary,   Monaco, it will also help to streamline traffic
          the Labour Inspectorate Director, specifying that   in the face of a competitor who refuses to,”   conditions, for access to the Principality,” the
          “most employees telework one to two days a   emphasises Yohann Jaffrelot. The arguments   rapporteur for the law, Jean-Charles Allavena,
          week.” Which ones? “It’s very variable. It is the   in favour of teleworking are classic: “It is a   was already hoping in 2016.



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