CMS Expert Guide on discrimination in the workplace in Slovakia
- 1. What are the main laws on discrimination in the workplace in your jurisdiction and what type of conduct does it cover?
- 2. Which characteristics are protected by these laws (is sexual orientation a protected characteristic?), and what type of employment relationships are covered – employee, worker, platform worker?
- 3. What remedies are available to an individual if they are subject to discrimination in the workplace, and what level of compensation might be awarded?
- 4. What steps such as policies, training etc (if any) are employers required to put in place to prevent discrimination in the workplace?
- 5. Is a D&I Policy a legal requirement or best practice?
- 6. Are there any risks in not having a local D&I policy? Any reputational risks and ESG consequences?
- 7. Are employers required to report on pay transparency or report on gender/ethnic/disability pay gap reporting?
- 8. Are there any data protection rules that affect the processing and retention of diversity data, and what do they say?
- 9. Are there any quotas at board level or below, and if so what do they relate to?
- 10. Are there any corporate governance rules that relate to D&I, and what do they say?
jurisdiction
1. What are the main laws on discrimination in the workplace in your jurisdiction and what type of conduct does it cover?
Main Slovak laws on discrimination:
- Anti-discrimination Act;
- Labour Code;
- other special laws such as the Act on Employment Services, Act on State Service.
2. Which characteristics are protected by these laws (is sexual orientation a protected characteristic?), and what type of employment relationships are covered – employee, worker, platform worker?
Based on the Slovak Anti-discrimination Act, discrimination on the following grounds is prohibited:
- Sex;
- religion or beliefs;
- race, belonging to a nationality or ethnic group;
- disability;
- age;
- sexual orientation;
- marital and family status;
- skin colour;
- language;
- political or other opinions;
- national or social origin;
- property;
- gender;
- reporting criminality or other anti-social activities;
- or other status.
The Slovak Labour Code includes a similar list as above, but also adds other protected characteristics such as adverse health conditions, genetic characteristics and trade union activity.
The Slovak Anti-discrimination Act covers relationships (i.e. discrimination) on a general level including but not limited to employment or similar relations. The Slovakian Labour Code, however, is mainly focused on employee rights.
3. What remedies are available to an individual if they are subject to discrimination in the workplace, and what level of compensation might be awarded?
An individual who has been subject to discrimination may apply to the respective court and request that the person responsible for the discrimination will do the following:
- refrain from such conduct;
- and, where possible, remedy the illegal situation or provide adequate satisfaction;
- should adequate satisfaction prove insufficient, the victim may also seek compensation in cash (the amount of compensation has no fixed scale).
4. What steps such as policies, training etc (if any) are employers required to put in place to prevent discrimination in the workplace?
Employers have the following responsibilities:
- a general obligation to treat employees in accordance with the principle of equal treatment;
- an obligation to comply with the Slovak Anti-discrimination Act
- an obligation to investigate the discrimination complaints received from employees.
There are no specific legal obligations for employers to have special policies or trainings in place to prevent discrimination, but these are recommended.
5. Is a D&I Policy a legal requirement or best practice?
D&I Policy is a best practice.
6. Are there any risks in not having a local D&I policy? Any reputational risks and ESG consequences?
Not at the moment.
7. Are employers required to report on pay transparency or report on gender/ethnic/disability pay gap reporting?
An employer must register and report information about the employment of persons with disabilities, but not specifically on any pay gaps.
8. Are there any data protection rules that affect the processing and retention of diversity data, and what do they say?
The European Union's General Data Protection Regulation (GDPR).
9. Are there any quotas at board level or below, and if so what do they relate to?
No.
10. Are there any corporate governance rules that relate to D&I, and what do they say?
No.