In a CMS article of June
2022, we dealt with the subject of the
European "right to
rest" and its potential impact on
Monegasque law, but recent developments in case law - and
legislation - on the "right to rest" in France
confirm that this concept is now one of the factors to be taken
into account by employers, including Monegasque employers, when it
comes to paid leave.
Although the Monegasque legislator has not yet legislated on
this concept, the Labour Court has recently recognised the
existence of an annual right to rest, relaxation and leisure, based
on the European case law developed by the Court of Justice of the
European Union (CJEU).
In Monaco, only certain periods of absence are treated as time
actually worked and give entitlement to paid leave. This is the
case, for example, when the employment contract is suspended for
maternity leave or an accident at work. Conversely, employees who
are absent from work for non-work-related reasons are not
