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Employment Tribunal
Role
The Employment Tribunal deals with disputes arising through the performance of contracts of employment or their termination.
It has jurisdiction over:
- Work carried out in an establishment located in the Principality of Monaco
- Work outside any establishment, as a result of the place where the undertaking was entered into
- Group disputes
- Terminations and disputes relating to apprenticeship contracts
It does not have jurisdiction over:
- Disputes between the State or the Commune and their officials, agents or employees
It keeps archives of the terms and conditions of employment of Monegasque firms
It has Administrative and Dispute Commissions dealing with cases involving the pension funds CAR and CARTI:
These Commissions hear, as last resort, disputes against decisions handed down by the Director of the Caisse Autonome des Retraites (CAR) pension fund.
Organisation and operation
It is composed of twenty-four members who are employees and twenty-four members who are employers, chosen by the trade unions and employers' associations. They are appointed by Sovereign Ordinance for a duration of six years, which can be extended by a three-year period each three years.
The Chairman and Vice-Chairman are elected by majority vote for three years.
Legal References
Act no. 446 of 16 May 1946 establishing the Employment Tribunal, amended by Act no. 446 of 16 May 1946
Act no. 473 of 04 March 1948 pertaining to the conciliation and arbitration of trade disputes
Act no. 711 of 18 December 1961 concerning companies’ internal regulations
Act no. 455 of 27 June 1947 concerning employees’ pensions
Act no. 644 of 17 January 1958 concerning pensions for self-employed workers