Regulatory framework in the Principality of Monaco
The Principality of Monaco is neither a Member State of the European Union (EU) nor of the European Economic Area (EEA). Therefore, it is not obligated to transpose European directives related to the transnational posting of workers. However, by virtue of agreements concluded with the French Republic, certain regulations in force in France may also apply in Monaco. This is the case of those related to the posting of workers abroad.
In case of posting of workers from Italy or France to Monaco, a notification procedure similar to those in place for various EU, EEA States, and Switzerland exists.
Prior obligations to the posted workers notification
To start working in Monaco, it is first necessary to request a site authorisation (autorisation de chantier). It is issued by the Economic Development Department of the Principality of Monaco. This department must be informed of any activities carried out in Monaco. The authorisation process in differentiated depending on whether the site will last more or less than 48 hours.
Assignments shorter than 48 hours
Assignments of less than 48 hours must be reported to the Direction de l’Expansion Économique. Various documents and information must be provided by fax or post, including:
- Dates of the assignment
- Address of the workplace
- Request for intervention (i.e., a document certifying the client’s request for the service, an estimate for the service, or any other type of request), signed by the client, translated into French, and indicating the total net value of the service agreement (excluding taxes).
Assignments longer than 48 hours
For service provisions expected to last more than 48 hours, it is necessary to obtain prior authorisation to work on-site. Before starting any work, an application must be submitted to the Ministry of State and approval obtained from the authorities.
The processing time for obtaining such authorisation is at least 4-5 weeks from the receipt of the completed application.
Posted workers notification
Service provisions lasting less than three months must be notified via the Principality’s online platform, which provides a dedicated tele-service. To proceed with the notification, it is sufficient to attach the previously obtained autorisation de chantier, the identification documents of the workers involved in the assignment, and the M/I/C1 or M/I/C2 certificate for each employee, duly completed and validated by INPS.
For projects lasting more than three months, a paper application must be submitted to the Foreign Placement Office. The prior site authorisation, M/I/C1 or M/I/C2 certificates, and workers’ identification documents, along with copies of their qualification certificates and the address where they will be staying during their assignment in Monaco, are required.
It is important to note that only workers with Italian citizenship can be posted to the Principality of Monaco.
Italian social security
As mentioned above, for workers involved in assignments in Monaco, the M/I/C1 or M/I/C2 form, equivalent to the Italian A1 Certificate, must be requested. This is to ensure that the posted workers remain subject to Italian social security. These documents must be requested and processed by the relevant INPS office.
Posting procedure for non-IT/FR companies
If the posting company is not based in Italy or France, it is also mandatory to appoint a local representative in Monaco. In addition, one of the following documents is required:
- A qualification certificate issued by OPQCB (Organisme Professionnel de Qualification et de Classification du Bâtiment)
- CIP (Certificat d’Identité Professionnelle)
- Professional references (e.g., completed works in France and in Monaco in particular).
Conclusions
Given the complexity of notifying workers to Monaco, we suggest those planning to carry out work in this destination State to schedule their activities well in advance.
By contacting Studio A&P in due time, our consultants can evaluate your specific case and prepare the necessary documentation to meet all the obligations related to the transnational posting of workers to the Principality of Monaco.
