Frequently Asked Questions
What is the appropriate channel for addressing and resolving employment-related issues?
Every employee may encounter challenges in the workplace. It is therefore crucial that all personnel thoroughly familiarize themselves with their employment contract. This document is the cornerstone of every employment relationship, providing essential attributes such as job title, compensation level, payment schedule, and a detailed job description.
Similarly, it is advisable to be conversant with the employer’s internal documentation, including internal regulations and directives pertaining to various aspects of professional life.
Should the information contained in the aforementioned documents prove insufficient, you have the option of consulting with the union representatives within your company (membership in the trade union provides significant advantages—you do not face the issue alone).
If you are not an affiliated union member, your alternatives include researching the issue independently online (ideally by studying the Labor Code and reputable resources specializing in employment law) or retaining the services of an attorney.
Can I get a notice of termination during sick leave?
If an employer has served notice of termination to an employee, and the employee subsequently commences sick leave (PN) that extends beyond the final day of the notice period, the notice period shall be legally extended by the duration of the sick leave. If the sick leave concludes before the expiry of the original notice period, no extension is applied. This provision is crucial if the extension results in the employee reaching a new threshold for years of service, thereby entitling them to higher severance compensation.
Conversely, if an employee is on a fixed-term employment contract, the relationship will terminate on the pre-determined end date, irrespective of the employee’s sick leave status.
Is an employer permitted to mandate that an employee performs duties outside the scope defined in the employment contract or job description?
The practice of requiring employees to perform tasks outside of their agreed-upon scope is a frequent and concerning violation of the Labor Code, prevalent across organizations, including international firms and shared services centers.
This often stems from managerial convenience or negligence. It must be recognized that the ‘Job Description’ is an integral, legally binding component of the employment contract, rendering it strictly enforceable.
An employer may unilaterally mandate duties outside the contractual scope only in exceptional circumstances, specifically for the ‘aversion of an extraordinary event or the necessity of mitigating its immediate consequences.’
Absent a mutual agreement to amend the employment contract, the employee is not obligated to perform new or extraneous duties. Such refusal cannot be legally construed as a failure to fulfill job obligations. Furthermore, vague clauses, such as ‘according to the manager’s requirements and instructions,’ do not override the specific limitations set forth by the employment contract.
What is the official source for accessing the current version of the Labor Code?
A foundational understanding of the Labor Code is paramount to any employment relationship. We recommend reviewing this document to maintain an essential grasp of your core rights and obligations, enabling you to reference the primary legal source when issues arise.
An up-to-date version of the Labor Code (Act No. 311/2001 Coll.) is readily available online, for instance, at the following link: https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2001/311/.
Furthermore, for international communication, an English translation of the Labor Code exists (though dated 2013). While not current, this translation remains a viable resource for conceptual clarification and technical vocabulary when communicating labor matters to foreign management: https://www.employment.gov.sk/files/slovensky/uvod/legislativa/pracovna-legislativa/zakonnik-prace-anglicka-verzia-labour-code-full-wording-2013.pdf.
What are the legally defined methods by which an employer can effect the termination of an employee's employment contract?
One of the most critical and potentially distressing employment issues is unexpected termination. The section of the Labour Code addressing this is paramount, and every employee should maintain up-to-date knowledge of the current conditions to understand their rights and the strategic ‘cost of departure.’
A cardinal rule is never to be manipulated or intimidated into immediately signing any documentation related to the termination of employment (whether by mutual agreement or notice). Always take the proposal for review and consult with a knowledgeable expert. An employer’s objective is typically to finalize the termination with the minimum possible separation package, which is in direct conflict with the employee’s financial interest.
The table below illustrates the minimum statutory notice periods and severance pay entitlements when termination is initiated by the employer under the most common conditions (pursuant to Section 63, subsection 1 of the Labour Code). This data should serve as a benchmark even if considering a ‘Termination by Agreement.’ Knowing the minimum ‘value’ of your departure is crucial.
Severance pay is applicable when the employer terminates the employment relationship due to the following reasons: A. The winding-up or relocation of the employer or part thereof, provided the employee does not consent to the change in the agreed place of work. B. Employee redundancy. C. The employee has permanently lost the capacity to perform their current work due to health reasons (based on a medical assessment).
The amount of severance pay is directly correlated with the employee’s tenure with the employer:
What is the statutory length of the notice period, and what are the limitations on termination imposed by the protective period, under the Slovak Labor Code?
Following the discussion on the notice period, the concept of the post-employment protection period is a critical consideration.
Upon the termination of an employment contract, the former employee is generally entitled to a seven-day protection period concerning social security (sickness insurance). This duration is capped by the actual length of the employment if the service tenure was less than seven days.
This protection period enables an individual whose mandatory sickness insurance has ended to still claim sickness benefits (nemocenská dávka) from the Social Insurance Agency (Sociálna poisťovňa) for the specified duration, provided all other eligibility criteria are met.
Key Exceptions and Limitations:
Pregnancy: For women whose employment ends during pregnancy, this protection period is significantly extended to eight months.
Premature Cessation: The protection period terminates immediately if the individual gains new sickness insurance coverage or becomes entitled to an old-age, early old-age, or disability pension payment.