How to submit a case to the employment tribunal

The Employment Tribunal is responsible for settling individual disputes between employers and employees, related to contracts of employment.

It can intervene in cases of:

• Disputes relating to an employment contract between employers and their employees
• Disputes between workers that arise at work, with the exception of claims for damages brought by an employee who has suffered an accident at work
• Disputes between groups of people (Act n° 473 of 4 march 1948) and settling conflicts and disputes relating to apprenticeship contracts

However, cases of disputes between the State or a town council and its civil or public servants, officers or workers do not fall under its scope.

Cases are dealt with in two stages:

• A preliminary conciliation stage
• A stage in which a judgment is passed if an agreement is not reached by conciliation

To get this form, you can either:

• Download it here
  Requête introductive d’instance (370-0001_01-2010)

  PDF67.8 kB

• Or collect it from the Employment Tribunal

When you apply, you must state:

• Your full name, address and occupation
• The full name and address of the person against whom the action is being taken (the defendant) or, if it is a company, its legal business name and address.
• The subject of the request (in the heading) and the relevant amount (for example – redundancy payment x €)

You must sign and date the request.

You should send the request to the Employment Tribunal.

You will be sent a notification to attend a conciliation hearing.

In principle, both parties must attend the conciliation hearing. If necessary, they may be assisted by a lawyer.

However, they can also be represented by:

• A lawyer who is a member of the Monegasque Bar
• A person who is officially authorised as a representative, stating his or her status as an employee or employer in Monaco
• During the conciliation stage, lawyers who are members of a foreign Bar must be accompanied by the defendant or by a legally mandated representative.

If the defendant is absent or not correctly represented, the case may be dropped.

If the parties do not reach agreement during conciliation, the case will be sent to the Adjudication Panel.

If agreement is not reached at the conciliation stage, you will be sent a letter by recorded delivery with a request for confirmation of receipt with a notification to appear before the Adjudication Panel :

Palais de Justice
5 rue Bellando de Castro
98000 Monaco

Both parties must attend the hearing:

• In person, with or without a lawyer
• Represented by a lawyer who is a member of the Monegasque Bar
• Represented by a lawyer who is a member of a foreign Bar, who has elected domicile at the office of a lawyer who is a member of the Monegasque Bar

The defendant can also be represented by a person from the company who has been officially authorised to be a representative.

During this first hearing, you can present your case, with any relevant supporting documents. A copy must be given to the other party.

A copy of your findings will be given to the Panel.

The other party will be required to reply by a certain date. You will be informed of the deadline for their reply.