Section 7. Worker Rights
The law provides for the right of workers, including foreign workers, to form and join independent unions, bargain collectively, and conduct legal strikes; government workers do not have the right to strike. Antiunion discrimination is prohibited. According to a report published in 2016 by the European Commission against Racism and Intolerance (ECRI), the law requires the majority of members of a trade union’s bureau to be citizens of Monaco or France. Union representatives may be fired only with the agreement of a commission that includes two members from the employers’ association and two from the labor movement. The government generally respected these rights.
The government generally enforced the law. Penalties were generally sufficient to deter violations. The government provides the assistance of mediators for private or professional conflicts to avoid long and costly court procedures and to find a solution acceptable to all parties to the dispute.
The government and employers generally respected freedom of association and the right to bargain collectively, and employer organizations and trade unions negotiated agreements on working conditions that were largely respected.
The constitution and law prohibit all forms of forced or compulsory labor. Information regarding the adequacy of resources, remediation effort, inspection sufficiency, and penalties for violations was not available.
The minimum age for employment is 16. Employment between the ages of 16 and 18 is subject to severely restricted conditions. Youths younger than age 18 are allowed to work eight hours per day to a maximum of 39 hours per week and are barred from night work. The government enforced the law effectively. Penalties were sufficient to deter violations; no violations were reported during the year.
d. Discrimination with Respect to Employment and Occupation
The law requires equal pay for equal work. No data were available to substantiate any gender pay discrepancy,
The law allows the firing of foreign employees without justification. ECRI reported foreign women did not enjoy the same entitlement to social benefits as their male counterparts.
There is a minimum wage, which exceeded the official estimate of the poverty level. Wage laws were enforced, and penalties for violations were sufficient to deter violations. Law and government decree establish health and safety standards that are appropriate for the country. Workplace health and safety committees and government labor inspectors enforced the standards.
The Department of Employment in the Ministry of Health and Social Affairs had several labor inspectors. The chief inspector answered directly to the director of the Department of Employment. Labor inspectors informed employers and employees on all matters related to labor laws as well as health and safety standards. They arbitrated, mediated, and reconciled labor/management disputes. When possible, they carried out onsite inspections to ensure employers respected all requirements of the law. Data was not available on enforcement of occupational safety and health standards in the informal economy.