How to implement teleworking in your business

Any changes to the work permit must be notified to the Employment Office.

Teleworking is a way of organising work using information technologies as part of the contract of employment. In teleworking, work that could have been carried out on the employer's premises is partly undertaken outside these premises on a regular basis.

This scheme has many advantages.

For employers, the introduction of teleworking is an opportunity to improve the functioning of their business and modernise the way work is organised. They will be able to optimise their general costs and expenses, particularly those relating to real estate, by rationalising the place of work.

Where teleworking may be undertaken:

To date, teleworking can only be undertaken from France, Italy, or the Principality:

• From the employee's home
• From a "third place": these are workplaces that are managed by a public or private economic operator and distinct from the employer; this could be a tele-centre or co-working centre. These premises enable a teleworker to undertake their work outside their company's premises

Work undertaken in the employer's decentralised premises or premises made available to the staff by the employer is not considered teleworking.

The company must have no contact with the third place; subscriptions to the third place must be paid directly by the employee and will be reimbursed by the employer on presentation of a supporting document.

For further information:

• Consult the factsheet: "Teleworking"
• Contact the Department of Employment, which will help you implement teleworking in your business. It will provide you with the information and documents you need to set up this scheme and will help you with the procedures

Act no. 1.429 of 04 July 2016 pertaining to teleworking.

Ministerial Decree no. 2016-425 of 1 July 2016 implementing the act no 1.429 of 29 June 2016 pertaining to teleworking.

The employer should set out the general terms of implementation in a "framework arrangement" and send this arrangement by registered post to the Director of Employment for a compliance check.

A meeting can be arranged with the Director of Employment beforehand to ensure that you have all the relevant information relating to teleworking.

The employer must inform the staff representatives of the introduction of this arrangement within the company and the general terms of implementation that are considered. 

After the Director of Employment has approved the "Framework Arrangement," the employer can submit a job offer for teleworking.

Once the employee has been recruited in accordance with the provisions of the Act no. 629 of 17 July 1957 aimed at regulating conditions for recruitment and dismissal in the Principality, a teleworking contract must be drawn up.

If the job has been modified, an amendment to the initial employment contract must be signed by the employer and the employee.

These documents must include the terms set out in the Framework Arrangement. 

See the procedure "How to recruit staff"

Once the amendment to the employment contract has been drafted, modifications to the work permit can be made:

• When teleworking is a hiring prerequisite:
  When submitting the job offer, the employer must indicate that part of the work will be undertaken via teleworking (the work permit issued to the employee must include this indication)
• When teleworking is introduced during the execution of the employee's contract of employment:
  An application for work permit modification must be made to the Employment Office
• When the employee's teleworking comes to an end, but the contract continues: 
  An application for work permit modification must be made to the Employment Office (a new work permit, which corresponds to the employee's activity, is issued). 

See the procedure "How to renew or modify a contract of employment"