Principle

Paid leave is a remunerated rest period that the employer is obliged to grant to the employee each year.  During this period, the employer cannot request the employee to work and the employee does not have the right to work for another employer.

If you need assistance or encounter any difficulties, you can make an appointment at the Labour Inspectorate in one of the following three ways:

• Online, using the dedicated online service
• By emailing: inspectiondutravail@gouv.mc
• By telephoning: (+377) 98 98 87 26

When you attend your appointment, please bring the documents required to complete your procedure.

Beneficiaries

Every employee has to right to paid holidays each year, whatever his or her type of work, grade, qualifications, the nature of the remunerations or hours of work.

To benefit, the employee must have completed at least one month of paid work, (i.e. four weeks or 24 working days) for the same employer during the qualifying period.

The qualifying period begins on 1^st May of the previous calendar year and ends on 30^th April of the current calendar year.

Amount of paid leave

The employee has the right to 2.5 working days of paid leave per month of actual work completed.  The period of the leave must not exceed 30 days.  Part-time employees have the right to the same number of days as full-time employees.

One month of paid work corresponds to 4 weeks or 24 days of work.  If the employee has been absent, the following are included in the periods of paid work:

• Periods of paid leave
• Periods of maternity or paternity leave
• Periods of sick leave for a work-related illness or an accident at work not exceeding a continuous period of one year

The employee has the right to 2.5 working days per month of work.  If the number of days calculated in this way is not a whole number, the period of leave is rounded up to the next whole number.

Every day of the week is considered a working day except:

• The legal day of rest (usually Sunday)
• Statutory public holidays, when businesses do not usually work

The second day of the week not worked because of the distribution of working hours over five days is also counted as a working day.

The number of days of paid leave increases according to length of service in the same company.  Employees have the right to:

• Two additional working days after 20 years of service in the same company
• Four additional working days after 25 years of service in the same company
• Six additional working days after 30 years of service in the same company

The total number of days accumulated in this way must not exceed 36 days.

Mothers benefit from one additional day of leave per child under 16 in their charge.  The number of days of additional leave must not exceed five.

If the employee is absent from work during the qualifying period, the number of working days is calculated according to the rule that is the most favourable for the employee:

• Per month of paid work:  2.5 days of leave per month
• By number of weeks:  4 weeks of work give the right to 2.5 days of leave

Period when paid leave can be taken

The period when it is possible to take leave is set by collective agreements, or, failing that, by the employer.  When stipulating the period when annual leave can be taken, the employer must take the usual business practice into account and must consult the staff representatives or the employees concerned.  This period must include the period from 1^st May to 31^st October of each year.

In the absence of contractual provisions or usual practice, the employer stipulates the date and the order in which leave is taken.  He or she must consult staff representatives (if these exist) beforehand, and must take the family situations and the seniority of the employees into account.  This information must be communicated to each employee at least one month in advance.  This deadline can be reduced to 15 days by special agreement.

The employee must have authorisation from the employer before setting the dates of the leave or going on leave.

Leave for a period of up to 24 working days must be taken consecutively between 1^st May and 31^st October.  Leave can be split if the contractual provisions allow for this or with the agreement of the employee.

When the length of the leave exceeds 24 working days, the outstanding leave can be taken either between 1^st May and 31^st October or outside this period.

Remuneration for annual paid leave

Payment for annual leave corresponds to the remuneration to which the employee is entitled during his or her annual leave.

Remuneration for paid leave is calculated in the way that is most favourable for the employee:

• Either the payment is equal to the remuneration that would have been paid if the employee had continued to work
• Or the payment is equal to one-tenth of the total gross salary earned by the employee during the qualifying period.  The gross remuneration includes the basic salary and any incidental payments

The remuneration is subject to the same conditions as the salary, usually in arrears unless there are other collective agreements.

When the employee has not been able to take the whole of his or her leave at the end of the contract, he or she has the right to compensation for the amount of leave outstanding.

Paid leave and sick leave

Days taken as sick leave do not qualify as paid leave, unless there are contractual provisions to the contrary.  Days of absence for sick leave must not be deducted from the annual leave.

The employee must return to work on the date planned.  He or she cannot demand that the leave to be extended for the equivalent length of the illness or postponed.  If the employee cannot return to work on the date planned, he or she must justify this absence to the employer.

The employer is not required to grant the employee a new period of leave.

When it is impossible for the employee to take paid leave because of illness, he or she can receive remuneration for paid leave.  This remuneration is in addition to any payments made by the Monaco Social Service bodies, unless there are more favourable contractual provisions.

Unless a thermal spa treatment is prescribed for justifiable medical reasons and on a specified date, the employer can request the employee to undergo such treatment during his or her annual leave.

Construction workers or belonging to a specific paid leave fund are paid directly by the relevant source of payment.