Covid-19 business criminal law and other issues in Slovakia

Criminal liability

Yes. The Public Health Authority of the Slovak Republic issued a measure requiring the closure or limitation of certain businesses. It is a criminal offence to contravene the business closure or restrictions requirements and the business can be held criminally liable for obstructing or hindering the enforcement of a decision of a public authority by performing activities prohibited by a decision of a public authority. For the sake of completeness, it is also a criminal offence to spread dangerous contagious diseases under the Slovak Criminal Code. However businesses cannot be liable for this criminal offence; only individuals.

Administrative liability

Yes. The business can be imposed an administrative penalty for noncompliance with the above restrictions and obligations.

Criminal liability

Yes. If the spreading or increasing the risk of introduction or spread of dangerous contagious human disease is attributable to a decision of senior management or other company representatives, they may be individually held liable.

Administrative liability

The management can be administratively liable as any other individual for non-compliance with other measures generally applicable to individuals (e.g. wearing a face mask). Senior management or other company representatives cannot face additional administrative liability as a result of the actions of businesses. 

Other liability

The management can also be liable to the company for the damage they cause to the company by breaching their obligations (for statutory bodies, under the Commercial Code and for managing employees under the Labour Code). Managing employees who breach their obligations under the Labour Code may also lead to disciplinary sanctions.

Criminal liability

For businesses: dissolution of the legal entity, forfeiture of property or assets, monetary sanction, an order to prohibit certain activity, ban on participation in public procurement, ban on receiving subsidies and state aid and publication of the judgment.

For management: imprisonment up to 10 years. Other available sanctions include, for example, community services, house arrest, monetary sanction and an order to prohibit certain activity.

Administrative liability

For businesses: a fine up to EUR 20,000.00 (or EUR 40,000.00 for each repeated breach of the restrictions and obligations).

Compliance with the measures has been systematically monitored. Up to today the Slovak police has identified more than 300 breaches of measures by businesses (and over 1400 breaches of measures by individuals) which will be fined. We are not aware of any criminal cases brought so far.

Yes. As of 22 April 2020, retailers, service providers and other providers are being gradually reopened in four phases / stages. The division into four stages (of opening the economy and reducing restrictions) was made from the epidemiologic risk perspective, where each sector of the economy was individually assessed by the council of experts that is advising to the Government. The move to the next stage depends on the number of people infected by the COVID-19 during the preceding two weeks period. Attention is given to the seven-day moving median of daily gain of new infections. If the median per week is less than fifty, the opening will continue according to the schedule. Due to the low number of infections, it was announced that the second and third stages will be united and effective as of 6th May 2020. If everything goes well, the last (fourth) stage of opening is expected in the end of May.

However, certain remaining restrictions and conditions must be ensured by the business during all stages. With respect to the shops, it is mandatory to disinfect hands or wear gloves when entering. Therefore, the shops must have the hand sanitizer machines at the entrance. The number of customers allowed to enter premises is limited by size of the shop - maximum one customer per 25 square meters (i.e. in case of shop with size of 100 square meters, only four customers can enter at once). It is mandatory to wear a face mask in public as well as in the shop. The shop owners are obliged to ensure that people maintain two metres social distancing when queuing to enter. With respect to factories, companies have had to implement several safety measures, such as: installation of disinfection equipment and securing face masks/ gloves for its employees.

If the business breaches its legal obligations which results in causing harm to other persons (including business partners and members of the public), civil liability may arise. Regarding the liability of an employer towards its employees, the employer could, in theory, also be liable under employment law for occupational disease or for work accident (employers have a general obligation to provide for health and safety work environment for all their employees). While the class-action lawsuits are not comprehensively regulated by Slovak law, claims with plurality of claimants are common.