Slovakia’s Labour Code has undergone fundamental change since 2002, mainly to bring it into line with EU employment law. The Labour Code regulates relations between EEA-based employers and employees (including non-residents) who carry out work in Slovakia, unless the Act on international civil law states otherwise.
The Labour Code contains general principles guaranteeing employment rights such as:
- Freedom of contract; right to wages and fair working conditions
- Right to protection against direct or indirect discrimination and to equal treatment for men and women
- Right to form works councils to receive information about the employer’s economic and financial situation
- Right to collective bargaining and protection against unemployment
- Right to health & safety protection
- Right to social security protection during incapacity, pregnancy etc
- Right to enforce employment rights through the courts
- Right to protection and vocational training for youth workers
Before employment, employers must inform prospective employees of their rights and duties, working conditions and pay. The employer may only ask prospective employees for information relevant to the job they are seeking.
Written statement of terms and conditions
All essential terms and conditions of employment have to be given to the employee in writing, or the employer can be penalised. Where these are not contained in a written employment contract, the employer must give the employee a written statement containing information such as:
- the parties’ names
- a description of the work to be performed
- the place of work
- pay details
- commencement date
Other agreed terms and conditions, such as payment dates, working hours, holiday entitlement, notice period and contractual benefits must be given to the employee in writing within a month after the employment began (unless they are set out in a collective agreement). Where this is not done, the terms and conditions set out in the Labour Code will apply instead. Changes to employment terms and conditions must also be agreed in writing.
Directors and officers
The Labour Code does not apply to the rights and duties of directors or other board members but it does apply to any employment contract they have with the company.
Fixed term contracts
Employment for a definite period can be agreed for a maximum of three years. Within this time, such employment can be extended or can be renewed for the same period of time. However, this can only be done once. Fixed term contracts must be in writing and specify the term or final date. Where an employee continues to work for his employer after the fixed term has expired, the Labour Code provides that his employment contract changes to indefinite time period contract unless the parties agreed otherwise.
Fixed-term employment for longer than 3 years is only possible in certain situations set out in the Labour Code (e.g. when replacing another employee, working on a project restricted by result, where permitted by collective agreement or where the employer has fewer than 21 employees).
Employment will end on the expiry of the fixed term but the parties can agree to end it earlier (e.g. on notice, during a probationary period).
Working time
Employee working hours must not exceed 8 hours in any 24-hour period or 40 hours in a week. Employees can work up to 38.75 hours a week in a two-shift system and 37.5 hours a week in a three-shift system. Overtime hours must not exceed 8 hours a week averaged over four consecutive months (which can be extended by agreement to a 12-month average). Overtime cannot exceed 150 hours in any calendar year (save in exceptional circumstances and with the employee’s agreement, when the annual limit is increased to 250 hours). There is no aggregate limit for employees working for more than one employer. Overtime can either be required or optional (e.g. to deal with a high workload or an urgent requirement in the public interest).
Employees are entitled to a 30-minute rest and refreshment break every six hours of work. They must also have a minimum rest period of 12 hours between shifts (although this can be reduced e.g. for non-stop operations, rotation work, extraordinary occurrences) and two consecutive days’ rest (usually Saturday and Sunday, unless other rest days are required by the nature and conditions of work).
Pay
Employees are entitled to a minimum wage (currently SKK 8,100 a month or SKK 46.60 an hour) with extra pay for working overtime, at nights or on public holidays. The minimum uplift is 25% of their average pay rate for overtime work (for hazardous work 35%) and 50% for work on public holidays. There must be a minimum uplift of 20% of the minimum hourly wage for night work.
Employer obligations
Employers have a duty:
- to protect the health and safety of employees while at work
- to improve their working conditions and environment
- to maintain the workplace, rest rooms and toilet facilities in good working order and appearance
- to provide warm meals either in the workplace or in other catering facilities (and contribute at least 55% of the cost) – or pay a monetary subsidy where there are no catering facilities to provide meals
Termination
There are several ways of terminating employment:
- by mutual consent
- by giving notice
- by immediate termination
- during a probationary period
- on the expiry of a fixed term.
Notice has to be in writing, validly given to the other party and of at least 2 month’s duration (3 months` where the employment has lasted for 5 years or more). Longer notice periods can be agreed between the parties. The employee does not have to have a reason for giving notice, whereas the employer may only give notice in cases of:
- Closure or relocation of its business (in whole or part)
- Redundancy
- Incapacity (for health or other reasons)
- Poor performance (in limited circumstances)
- Repeated misconduct or breaches of discipline (in limited circumstances)
There are certain occasions when an employee may not be given notice, including periods of incapacity, pregnancy, military service and time off performing public duties.
Immediate termination is permitted by the employer where the employee has committed serious misconduct at work or has been convicted of an intentional offence. Termination must be carried out within a year of the employee’s act and with two months after the employer became aware of the act.
Immediate termination is permitted by the employee if his life and health are at immediate risk, if the employer is 15 or more days late in paying remuneration or compensation owed to him, or he cannot carry on working without his health being at risk and the employer has not transferred the employee to a suitable job. Notice of immediate termination must be given in advance, in writing and state the grounds.
Termination in writing by either party is also permitted during the probationary period. No reason need be given.
If an employee is dismissed for organisational or health reasons - either on notice or where he consents to end his employment before the beginning of his notice period – he is entitled to compensation equivalent to two months’ pay at his average rate (3 months’ pay if he has worked for 5 years or more with the same employer).
Collective bargaining and representation
Since 2002, works councils have been introduced in organisations with more than 50 employees and works trustees in organisations with between 5 and 49 employees. European Works Councils must also be set up by employers with more than 1,000 employees in total, including at least 150 employees in two or more EU member states.
Establishing a works council or works trustee is optional. They may operate jointly with trade unions, which have exclusive rights of collective bargaining and must be allowed to operate freely by employers.
In certain situations, works council have the right to negotiate, supervise and take decisions on behalf of the workforce. Principally, however, their role is to receive information from the employer about its economic and financial standing and future plans for development. The employer may impose confidentiality restrictions on the information or decline to give them information which may be damaging. Where a works council or works trustee is established, the employer must discuss every immediate termination or on notice dismissal with them, otherwise the termination or on notice dismissal will be invalid.
Non-employment work agreements
Occasionally, employers may hire people to do minor or sporadic tasks (e.g. casual or temporary work for students) especially for result-defined work, or occasional activities defined by the type of work. These contracts are not permitted for creative or scientific activities, or activities protected by copyright laws.
