Slovak legislation does not provide a legal definition of blue-collar or white-collar workers. The Labour Code defines a superior (managerial) employee and additionally includes specific provisions for juvenile employees, pregnant and breastfeeding women and employees with disabilities.

Dependent work performed by an employee for an employer must be conducted exclusively under an employment agreement, a similar labour relationship or alternative employment arrangements. The employment relationship is established through either an employment agreement or agreements for work performed outside of employment.

Employment Agreement

Failure to adhere to the written form does not invalidate the employment relationship (even though the written form is required), but the employer may be subject to fines imposed by the labour inspection authority.

The employer and the employee must agree on essential terms specified in the Labour Code. It is also possible to agree on other terms, such as benefits. The employer is also required to provide the employee with written information about their working conditions and terms of employment.

Definite and Indefinite Period

Employment for a definite period of time may be agreed for a maximum duration of two years. It can be extended or renewed no more than twice within this two-year period. Renewed employment refers to employment that begins within six months of the end of a previous fixed-term employment contract between the same parties.

Agreements for Work Performed Outside of Employment

Concerning work performed outside of employment, agreements include:

• a specific work agreement;
• a work activity (including seasonal work) agreement; and
• a student temporary work agreement.

These types of agreements are governed by specific regulations that differ from those applicable to standard employment (such as limitations on the number of hours worked, a maximum duration of up to one year and the specialised nature of the work involved).

Maximum Working Hours

In general, the maximum working time is 40 hours per week; however, it is 38 ¾ hours for employees working in a two-shift operation, and 37 ½ hours for those in a three-shift or continuous operation. Overall, including overtime, an employee’s working time may reach up to 48 hours per week.

Flexible Arrangements

In a flexible working time schedule, there is a core working time when the employee must be at the workplace and optional working hours when the employee can choose to be present to fulfil the operational requirements.

In a working time account, if there is an increased demand for work, an employee may work more hours than their standard weekly working time, and during periods of reduced demand, the employee may work fewer hours or potentially not work at all.

Part-Time Contracts

Part-time work should be arranged in an employment agreement. Employees are entitled to a wage that corresponds to their agreed working time. They should not be disadvantaged or restricted in comparison to comparable full-time employees.

Overtime

Overtime work is performed by the employee at the employer’s request or with their consent. It is permitted only in cases of temporary and urgent increases in labour demand or when public interest is involved; however, overtime should not exceed 150 hours (although an additional 250 hours may be permitted with the employee’s consent).

Minimum Wage

The minimum wage for employees is established by the Act on Minimum Wage along with government regulations. For 2024, it is set at EUR4.310 per hour or EUR750 per month. The minimum wage amounts are set for each calendar year.

The 13th and 14th Months and Bonuses

Monetary compensation provided by the employer to an employee during the summer vacation period (the so-called 13th salary) and the Christmas holidays (the so-called 14th salary) is also considered as part of wages.

Any other benefits may be paid at the employer’s discretion and based on predefined conditions or the individual decision of the employer.

Government Intervention

The minimum wage is the sole form of restriction/intervention by the Slovak government.

Vacation and Vacation Pay

Employees are entitled to a minimum of four weeks of paid annual leave per calendar year. This entitlement increases to five weeks for employees aged 33 and older, and for those who permanently take care of a child, it increases to five weeks.

Vacation pay is calculated based on the average salary over the last quarter of the year.

Required Leave

The types of required leave are as follows.

• Public holidays: Employees are not required to work on these days if they fall on a regular working day. If employees do work on a public holiday, they are entitled to receive a holiday premium in addition to their regular wages.

• Maternity, paternity and parental leave: Female employees in Slovakia are entitled to 34 weeks of maternity leave, which extends to 37 weeks for single women and to 43 weeks in the case of multiple births. Male employees are entitled to 28 weeks of paternity leave, while single men are entitled to 31 weeks and, in the case of multiple births, 37 weeks. Following maternity leave and paternity leave, employees can generally take parental leave, as stipulated by law, until the day the child turns three years old.

• Adoptive leave: This is 28 weeks for maternity or paternity leave; 31 weeks for a single individual; and 37 weeks in case of the adoption of more than one child. Parental leave can last for up to three years, but it may be extended under conditions specified by law.
• Career’s leave: Employees taking care of a family member are – under certain conditions – entitled to paid or unpaid leave.

In addition to family-related or associated leave (whether paid or unpaid), the Labour Code regulates various other types of leave for different reasons, such as injury, quarantine, performance of public office, civil duties, volunteer activities and military service, among others.

Confidentiality

Employees are required to maintain confidentiality regarding any matters they become aware of during the course of their work where disclosure to third parties would not be in the employer’s best interest.

The employer may not impose an obligation on the employee to maintain confidentiality about their working conditions, including wage conditions and employment conditions.

Employee Liability

The employee is liable to the employer for any damage caused by a negligent breach of duties while performing work tasks, or anything directly connected with them, as well as for damage caused by intentional actions contrary to good morals.

If an employee has accepted responsibility for cash, stamps, vouchers, goods, materials or other assets for which they must account, they will be liable for any resulting shortages.

Non-compete clauses are governed by the Labour Code. This distinguishes between competing activity during the employment and after termination.

Non-compete clauses effective during employment do not need to be agreed individually in the employment agreement because the obligation is automatically covered by the Labour Code. The employee may perform another competitive activity only with the employer’s prior written consent. If the employer does not respond within 15 days of delivery of the employee’s request, consent will be deemed to have been granted. There is an exception for the performance of scientific, educational, publishing, training, lecturing, literary and artistic activities.

Non-compete clauses effective after termination may prohibit the pursuit of any gainful activity that is competitive in character with respect to the employer’s business activities for a certain period, but for no longer than one year.

The non-compete clause can be agreed only if the employee may acquire information or knowledge during the employment that could cause substantial harm to the employer.

A non-compete clause valid after termination may be agreed only during the employment. Conversely, the employer can only withdraw from a non-compete clause during the employment. In such a case, the non-compete obligation ends on the first day of the calendar month following the month in which the withdrawal was delivered to the other party.

In case of a non-compete clause valid after termination of the employment, the employer must provide the employee with appropriate financial compensation of at least 50% of the employee’s average monthly earnings for each month of the commitment. Equally, the employer may agree with the employee on appropriate financial compensation for breach of the non-compete obligation, which must not exceed the total of the employer’s financial compensation and is proportionately decreased if the employee has partially fulfilled his or her obligations. After paying this amount, the employee’s obligation ceases.

There is no independent consideration requirement regarding non-compete clauses under the Labour Code. This depends on the employment agreement concluded between the employer and the employee, but if the restriction of gainful activity agreed in the employment agreement is greater than that required for the necessary level of protection of the employer, the court may limit or cancel the obligation of the employee; this further depends on the court’s decision as to whether the gainful activity is competitive.

Enforcement

If the employee breaches a non-compete obligation during the employment, the employer may dismiss the employee for breach of work discipline and may also apply for damages in court for loss caused by the employee.

A non-compete clause covering a period of up to one year after termination of employment can be enforced in court proceedings.

If the restriction agreed upon in the employment agreement is more extensive than that required to protect the employer, the court may limit or cancel the obligation.

The employer may seek damages for loss caused by the employee in case of breach of the non-compete clause agreed for a period after termination of the employment. If the employer and employee agree on appropriate financial compensation for breach of the non-compete clause and the employee breaches the obligation without paying, the employer may claim compensation in court.

An agreement for the employee to pay financial compensation for a breach of non-compete obligations valid during the employment would be considered invalid. In such a case, the employee could only be disciplined by the employer. An employee is responsible for any damage caused to the employer for a culpable breach of obligations while performing tasks or anything directly connected with the performance of tasks during employment.

Employees

A non-solicitation obligation represents a promise made by the employer and employee that, for a certain period of time after commencement of the employment, they will refrain from trying to lure or hire away other employees of the employer. The non-solicitation obligation may be effective even after the employment’s termination. Such an agreement must be specifically determined in the employment agreement.

Customers

An agreement on the non-solicitation of customers of the employer is much more likely to be included in employment agreements. This obligation may be agreed upon and effective during the employment; however, there is a possibility to establish such an obligation that is effective even for a certain period of time after the employment’s termination.

Consequences

Breaching the non-solicitation agreements mentioned in the foregoing may be considered a breach of work discipline, and the employer may terminate the employment with immediate effect within a time limit of two months from the date he/she learnt of the reason for such termination, or give notice to the employee of an appropriate period according to the Labour Code.

The employer may also apply for damages in court for loss caused by the employee in relation to such breach.

Data privacy in Slovakia is regulated via the General Data Protection Regulation (GDPR), which outlines general rules and principles of data privacy across the EU. The Slovak derogations from the general rules are regulated via Act No 18/2018 Coll on Personal Data Protection and Labour Code, which has specific regulations prevailing over the GDPR.

Employers in Slovakia must comply with data privacy obligations during the whole life cycle of the employment relationship – ie, from onboarding through employment itself to termination of employment.

Onboarding

Data privacy obligations towards candidates must be fulfilled before receiving any data therefrom. The candidates, as well as other data subjects, dispose of the right to be informed of the processing of data, and the details thereof (Article 13 of the GDPR), before any such processing unless candidates are subjects of referral programmes, where they must be informed no later than one month after receiving their data (Article 14 of GDPR).

Employment

After onboarding, the employer continues to provide the employee with relevant information (Article 13 of the GDPR) regarding data processing for purposes other than onboarding. Information is in practice usually provided when signing an employment contract, and always after it is updated.

The information must detail all purposes for which the data of the employee will be processed before processing such data. Apart from the fulfilment of contractual obligations, employers are obliged to process data to ensure compliance with legal obligations, in particular in the areas of (i) social security, (ii) health insurance, (iii) taxes, (iv) health and safety at work, including fire safety, (v) personal agendas, etc.

The processing of personal data is also possible on the legal basis of legitimate interest. The most common method is monitoring employees via various devices (phone, GPS, CCTV, etc); however, this is permissible only in scenarios where the employers’ legitimate interest prevails over the privacy rights of the employees according to a relevant balancing test. At the same time, employee representatives (if they operate within the company) must be consulted regarding employee monitoring, and employees must be informed about the scope of the monitoring, the manner in which it is to be carried out and its duration.

In the Slovak legal system, the employer can disclose or publish the title, first name, last name, job classification, personal number, department, place of work, telephone number, fax number, workplace e-mail address and identification information of an employee, provided that such disclosure will not violate the dignity, respect and safety of the data subject without their consent. However, to publish a photo/video of the employee, the employer would still need to receive consent from the employee (apart from in highly specific situations).

The consent of the employee for the use of their personal data should be treated very carefully since the imbalance of power between the employer and the employee could affect its validity by reason of a lack of free will to provide it. Nevertheless, the use of such data is not entirely excluded.

In special circumstances, such as a pandemic or other life-threatening situations, and in specific sectors, personal data processing is possible on the legal basis of the protection of vital interests under Article 6(1)(d) of the GDPR and the performance of tasks carried out in the public interest under Article 6(1)(e) of the GDPR.

When considering the processing of personal data in Slovakia, the employer must comply with a general data protection rule under the Labour Code, according to which the employer can only collect personal data relating to the employee’s qualifications and professional experience, along with data that may be relevant to the work that the employee is to perform, is performing or has performed. Other data should not be processed unless the obligation to do so arises from the law (eg, processing data on sex because of an obligation under the Social Security Act).

Termination

The employer’s data protection obligations continue after termination of the employment of the employee. Employers must in particular respond to possible data subject requests (eg, the right to access under Article 15 of the GDPR), which are most common in the case of bad leavers, and respect the retention periods to ensure compliance with the principle of storage limitation. The longest retention period in Slovakia applies to a personal file on the employee that is kept until the employee in question is 70 years old.

Practice of the Data Protection Authority

The Slovak Data Protection Authority (DPA) developed a decisive practice regarding the processing of personal data in the employment sector, encompassing disputes over (i) the processing of curriculum vitaes before and after the interview, (ii) CCTV, (iii) monitoring via phone SIM cards, (iv) publishing data on a company notice board, (v) storage limitation, (vi) the integrity of personal data and (vii) the right to access after the termination of employment.

On the other hand, the Slovak DPA is underfunded and understaffed, performing approximately 60 checks per year and with an average fine close to EUR2,000.

Regarding employing foreign workers in Slovakia, employers may choose between three general options: (i) employing EU citizens, (ii) employing third-country nationals based on residence permits and (iii) employing third-country nationals based on national visas. Employment for foreign workers in Slovakia is also possible on meeting specific conditions, such as family membership, studies or being granted tolerated residence.

EU Citizens

Employment of EU citizens is the easiest option; employers are obliged to fulfil only their basic administrative duties towards state authorities, namely reporting the commencement/termination of employment to the Labour Office (the “Office”) within seven working days. As a good practice, employers should notify the employee of their obligation to register for a residence permit if s/he stays in Slovakia for longer than three months.

Residence Permit

Foreign workers from third countries are allowed to work in Slovakia (i) after the employer obtains consent to fill the vacant position and (ii) the employee is granted a temporary residence permit for the purpose of work.

As a first step, the employer must report a vacancy with the Office at least 20 days/15 days/one day (depending on the type of application) before applying to fill it. The Office will subsequently issue consent or refusal regarding filling the vacancy within 15 days after submission of the application. This applies to most foreign workers, some of whom (eg, seasonal workers or sailors sailing under the Slovak flag) must also apply for an additional working permit.

The second step is applying to the Foreign Police of the Police Force of the Slovak Republic for a residence permit. The Foreign Police should issue a residence permit or refuse the application within 90 days of the application being filed.

Subsequently, the employer must report to the Office the commencement/termination of employment within seven calendar days.

National Visas

National visas were introduced in Slovakia in 2021 to ease the conditions for the employment of foreign workers in specific sectors. Compared to the above-mentioned employment based on a residence permit, the main advantages of national visas are that less paperwork is associated with the application, and the decision to grant or not grant the visa is faster. Currently, employers may apply for national visas for absolvents, highly qualified employees, bus drivers and lorry drivers, and employees in the industrial, construction, tourism and agricultural sectors.

As a first step, the employer must fulfil its general obligation to register with the special registry of employers kept by the Social Insurance Agency (SIA) immediately after the first day of employment of its first employee, and must deregister immediately after terminating its last employee. Subsequently, the employer starts to fulfil its obligations towards foreign workers, in particular regarding social and health insurance.

Social Insurance

The employer must register any foreign worker with the SIA for obligatory social insurance before the commencement of employment, using the so-called Registration Document of the Natural Person.

Once the employment is terminated, the employer must deregister the foreign worker from the SIA within eight days. The Act on Social Insurance also details other obligations towards the employee in special situations (sick leave, work accidents, etc).

Health Insurance

The employer must register and deregister any foreign worker with a health insurance company for obligatory health insurance. Since there are three health insurance companies in Slovakia, the employer should request the foreign worker to provide relevant information about his/her health insurance provider.

Co-Ordination of Social Security Systems

In cases anticipated by the EU regulation on the co-ordination of social security systems or bilateral agreements (eg, the performance of work in two countries), the employee may submit an application to remain in the social security system of his/her home country (and not to switch to the social security system of the host company/employer – ie, Slovakia). This is usually accomplished via the A1 form for EU member states or another form for non-EU member states, depending on the bilateral treaty.

If the exemption is granted, the employee is still covered by their home country’s social security system while performing work in Slovakia. The employee shall be obliged to submit this document to the SIA and should be able to present it at any time during their assignment in Slovakia.

Notification Obligations Towards the Foreign Police Department

The employer must fulfil its notification obligations towards the foreign police department, in particular reporting within three working days (i) the non-commencement of work by a foreign worker who was granted a national visa or to whom it promised – in written form – work for the purposes of receiving a residence permit, and (ii) the termination of work with a foreign worker who was granted a national visa or residence permit for the purpose of work.

With the development of information and communication technologies, the Slovak labour market is increasingly witnessing specific employment arrangements where employees perform their work from home or at another agreed location outside their employer’s premises. The Labour Code defines two types of employment relationships that fit this description: home-based work and telework.

To perform regular home-based work or telework, an agreement between the employer and the employee is required in the employment contract, and the employer must take appropriate measures in relation to home-based work or telework, such as providing, installing and regularly maintaining technical equipment and software.

The employee is guaranteed the so-called right to disconnect during their entitled rest period. The employer may not consider it a failure to meet obligations if the employee refuses to perform work or follow instructions during such time.

Additionally, there is also the possibility of offering a home office as a benefit for employees – this refers to work that the employee performs occasionally or under extraordinary circumstances, with the employer’s consent or by agreement.

Data Privacy

In general, according to the Labour Code, the employer may only collect personal data related to the employee’s qualifications and professional experience, as well as any data that may be relevant to the work the employee is expected to perform, is currently performing or has previously performed. Slovakia also complies with the EU’s GDPR, which sets strict rules for the processing of personal data.

Occupational Safety and Health

Even when employees work from home, the employer has the same responsibilities regarding occupational safety and health (OSH) as they do for employees working on-site. For the purposes of home-based work and telework, the employee is considered to be at work, and any injury occurring while performing work from home may be classified as an occupational injury.

Social Security

Mobile workers in Slovakia remain covered under the Slovak social security system as long as their employment is governed by Slovak law. Employers are obligated to pay contributions to the social insurance system, including health, pension and unemployment insurance, regardless of whether the employee works remotely or in the office.

The Slovak legal system does not explicitly define the concept of a “sabbatical”; however, the Labour Code implicitly allows it. An employer can grant an employee leave based on a request, with or without wage compensation. This period is not considered to correspond to performance of work, although the employment relationship remains in effect.

The concept of “new work” has emerged in response to changes in technology, social expectations and work-life balance preferences, but also in response to recent crises such as the COVID-19 pandemic.

Desk Sharing

One of the most significant shifts is the introduction of desk sharing, where employees no longer have assigned workstations. In Slovakia, this model of splitting one’s time between working from home and in the office is gaining traction, particularly in sectors like IT, finance and consultancy.

Remote Work

With the COVID-19 pandemic accelerating remote working trends globally, Slovakia has embraced hybrid models, allowing employees to work from home part-time while attending the office for key meetings or collaborative tasks. Many companies now offer remote work as a standard benefit.

Coworking Spaces

Coworking spaces are becoming increasingly popular, particularly in major cities like Bratislava and Košice, offering flexible work environments for freelancers, start-ups and remote employees.

The role of unions and employee representatives is to ensure fair and satisfactory working conditions. For this purpose, employees participate in the employer’s decision-making process concerning their economic and social interests, either directly or through a competent trade union body, a works council or an employee trustee (depending on the number of employees).

According to the Labour Code, the establishment of trade unions is voluntary, and it is up to the employees to establish trade unions; however, an employer must allow their operation once they are established. Once the trade union is established, it is obliged to inform the employer that this is the case, and to provide a list of people acting on behalf of the union. The trade union must have at least three members, as it is essentially a civil association.

The employer has a legal obligation to accept the operation only of a trade union where at least two of the members are employees of the employer. If the employer, or a trade union operating thereat, becomes suspicious that (another) trade union at the employer does not have members who are also employees of the employer in an exclusive employment relationship, a so-called dispute over the operation of a trade union at the employer arises. Such dispute is resolved by an arbitrator on which the parties to the dispute agree. If the parties to the dispute do not agree on the arbitrator, such person will be appointed by the Ministry of Labour from among the official list of arbitrators at the request of any of the parties to the dispute.

The general framework of representative bodies is governed by the Labour Code. Employees may be organised as trade union bodies, works councils or works trustees.

A trade union organisation is a civil association governed by a special regulation. The trade union body is obliged to inform the employer of the commencement of its activities in the employer’s organisation, and to present a list of members of the trade union body to the employer. Procedures and rules on the creation of the union body are governed by trade union by-laws.

Trade unions are primarily regulated by the Labour Code, which regulates trade unions in general, and by Act No 83/1990 Coll on Association of Citizens, as amended, which primarily governs the registration, formation and dissolution of trade unions as civil associations.

A works council represents all employees of an employer, and may operate at an employer with at least 50 employees. At an employer with fewer than 50 but more than three employees, a so-called works trustee may operate instead. The rights and duties of a works trustee are similar to those of a works council.

The employer is obliged to hold elections of the members of the works council if this is requested in writing by at least 10% of the employees. A works council’s membership should correspond to the number of employees that it represents, as follows:

• 50 to 100 employees – at least three members;
• 101 to 500 employees – at least one additional member for every 100 employees;
• 501 to 1,000 employees – at least one additional member; and
• 1,001 or more employees – at least one additional member for every 1,000 employees.

The right to elect members to the works council or works trustee must be held by all employees of an employer who have been employed for at least three months.

Eligibility to be elected as a member of a works council or works trustee is available for each employee of the employer over 18 years of age who is without reproach, not a close acquaintance to the employer and has worked for the employer for at least three months.

Collective bargaining is a tool to promote an effective social dialogue and achieve a social settlement based on a bipartite principle. Collective bargaining agreements are a result of collective bargaining. They regulate the relations between employers and employees or employers and trade unions.

Collective agreements govern individual and collective relationships between employers and employees, and the rights and obligations of the parties. The collective bargaining agreement represents a compromise between the interests of the employer and the employees.

There are several types of collective agreements, as follows:

• a collective agreement concluded between the relevant trade union body or trade union bodies and the employer;
• a higher-level collective agreement concluded for a larger number of employers between the relevant higher trade union(s) and the employers’ organisation(s) – this is negotiated and concluded for various economic sectors at the national or regional scale and published by the Slovak Ministry of Labour, Social Affairs and Family; and
• specific collective agreements concluded by the state as a party or other governmental representatives.

The conditions of employment agreed in a collective agreement apply to all employees of the employer, and not only to members of the trade union (if not directly determined otherwise in the collective agreement). The collective agreement is concluded for a period expressly specified therein. If there is no such specification, it is assumed that it has been concluded for one year.

In general, the subject matter of a collective agreement may be:

• wage negotiation;
• reducing working hours without lowering wages;
• extending the statutory holiday pay limitation;
• a higher severance payment than determined by the Labour Code;
• establishing more favourable conditions for providing employees with leave in case of obstacles to work, for reasons of general interest and including important personal obstacles to work;
• providing employees with leave or financial contributions for training and improving qualifications;
• providing employees with contributions for recuperation and supporting sport and cultural activities; and/or
• any other benefit included in the social policy of an employer.

Grounds for Termination

An employer may only terminate an employee by notice for the reasons set out in the Labour Code.

The reason for the termination must be stated in the notice, except in case of termination of employment during the probationary period, where there is no statutory obligation with respect to either party’s actions. However, certain categories of employees are protected, such as pregnant women.

As the reasons are statutory, they cannot be altered. Examples include:

• closure and/or relocation of the employer or part thereof;
• organisational reasons, such as redundancy or reorganisation;
• employee health conditions, such as occupational disease, or an employee reaching the maximum permitted level of exposure in the workplace;
• the employee does not meet the legal requirements for the performance of the work;
• the employee has ceased to meet the precondition of election and/or appointment for the job, as provided by a special law or regulation (eg, the employee has been recalled or has resigned from an elected function);
• the employee does not meet the employer’s requirements for the proper performance of the work through no fault of the employer, as set out in its internal regulations;
• the employee does not perform his or her job satisfactorily despite being previously warned;
• the existence of grounds for the immediate termination of the employment relationship (but where the employer decides to provide notice instead); and
• a less serious breach of work discipline, where a prior warning has been given.

If an employer wants to immediately terminate an employee, this must only be stated in the dismissal document in the following cases:

• the employee has been declared guilty of an intentional criminal offence; or
• the employee is in serious breach of work discipline.

Immediate termination is effective from the moment of delivery of such written notice to the employee.

In general, during a probationary period, an employer may terminate the employment relationship in writing, with or without reason, on any grounds whatsoever.

Procedure

An employment relationship may be terminated by notice of the employer or the employee. The notice must be in writing and delivered to the other party; otherwise, it is invalid.

In case of an organisational change (redundancy), the employer must first offer the employee another suitable job position within the place of work agreed in the employee’s employment agreement. The legislation does not include a definition of “other suitable work”; it may be any job vacancy within the employer’ organisation. Only if the employee does not accept the position offered, or there is no other suitable position, is the employer entitled to terminate the employment. If an employer fails to comply with this procedure, the employee may claim an invalid termination.

In case of unsatisfactory performance of work tasks and a less serious breach of work discipline, the employer may terminate the employment by notice only if he/she has delivered a written warning to the employee during the six months before the breach.

Where the employer intends to give notice to an employee on the grounds of a breach of work discipline, the employer must inform the employee of the reason for the notice and give him/her the opportunity to submit a statement on the matter.

In case of a serious breach of work discipline, there is no need for any written warning; however, the employment may be immediately terminated by notice only within two months of the day the employer has learnt of the reason for the notice (or within two months of returning from abroad in case of a breach of work discipline abroad), but in all cases no later than within one year from the date such reason for termination arose.

Collective Redundancies

In cases of collective redundancies, consultations with employees or their representatives are required. Labour law on collective redundancies applies when the employer, or a part thereof, terminates the employment within a period of 30 days because of organisational changes, or for any other reason not related to the individual employee. Whether the dismissal is considered a collective redundancy depends on the size of the organisation/employer, with the thresholds being as follows:

• ten or more employees if the employer employs more than 20 and fewer than 100 workers;
• 10% or more of all employees if the employer employs at least 100 and fewer than 300 workers; and
• 30 or more employees if the employer employs at least 300 workers.

Organisational changes include:

• the employer wholly or partly closing down, or relocating; and
• the employer decides to make organisational or technical changes to increase efficiency, which results in the redundancy of employees.

At least one month before the collective redundancies begin, the employer must provide information and consult with employee representatives, or directly with the employees concerned, with the aim of reaching an agreement. However, reaching an agreement is not mandatory. The employer must also inform the Central Office of Labour, Social Affairs and Family.

The following information must be provided:

• the reasons for the proposed collective dismissals;
• the number and type of employees to be dismissed (eg, their age, the type of work they do and their profession/work position);
• the total number and type of employees;
• the period in which the dismissals will take effect; and
• the proposed method of selecting employees who may be dismissed.

After the consultation, the employer must deliver a written report on the results of the consultation to the Central Office of Labour, Social Affairs and Family and the employee representatives. The employer may give notice to the employees one month after the day the report is delivered.

Notice Periods

The basic notice period is one month. If the employment has lasted at least one year by the day of delivery of the termination notice, the notice period will be at least two months.

The notice period for the redundancy, or where – according to medical opinion – the employee has lost the long-term capacity to perform their work due to a medical condition, is at least:

• two months if the employment has lasted at least one year but less than five years by the day of delivery of the termination notice; or
• three months if the employment has lasted at least five years by the day of delivery of the termination notice.

The employee is obliged to perform work until the end of the notice period. However, the parties may agree on an annual holiday, garden leave, etc.

Severance

An employee is entitled to severance payment only if terminated for organisational reasons or because health conditions lead to the loss of ability to work in his or her role, as confirmed by a physician’s medical opinion. The severance payment is calculated differently depending on the form of termination and the length of the employment.

In case of termination of the employment by notice, the employee will be entitled to the following compensation in addition to the notice period:

• from two up to five years of employment – average monthly earnings;
• from five up to ten years of employment – double the average monthly earnings;
• from ten up to 20 years of employment – triple the average monthly earnings; and
• at least 20 years of employment – four times the average monthly earnings.

In case of termination of the employment by agreement, the employee will be entitled to the following compensation:

• less than two years of employment – average monthly earnings;
• from two up to five years of employment – double the average monthly earnings;
• from five up to ten years of employment – triple the average monthly earnings;
• from ten up to 20 years of employment – four times the average monthly earnings; and
• at least 20 years of employment – five times the average monthly earnings.

An employee whose employment is terminated by notice or agreement because they are not able to perform their work due to an accident at work, occupational disease or the risk of such disease, or because they have reached the maximum permissible exposure in the workplace – as determined by the public health authority – is entitled to severance payment for such termination amounting to at least ten times his/her average monthly earnings. This does not apply if the occupational injury occurred as a result of culpable violation of the law or other regulations for ensuring health and safety at work, or of instructions on safety and health at work. Also, it does not apply if the injury was caused by the employee being under the influence of alcohol, narcotics or psychotropic substances such that the employer could not prevent such occupational injury.

Procedure

In general, the employer does not need the advice or authorisation of any authority to terminate the employment of an employee.

In case of collective redundancies, the Labour Code stipulates that, at least one month before the collective redundancies begin, the employer must provide information and consult with employee representatives, or directly with the employees, with the aim of reaching an agreement. However, reaching an agreement is not mandatory. The employer must also inform the Central Office of Labour, Social Affairs and Family.

Consultations with employees or their representatives on the intended collective redundancies are required.

The employer may give notice to a disabled employee only with the consent of the Central Office of Labour, Social Affairs and Family; otherwise, the notice will be invalid. Such consent is not required if the notice is given to an employee who has reached the determined age for eligibility for a retirement pension, or if the reason for termination of employment is the cancellation or relocation of the employer or a breach of work discipline. The consent of the Central Office of Labour, Social Affairs and Family must be given prior to the delivery of the notice to the employee.

Moreover, if employee representatives are operating at the employer, the employer may give notice or immediately terminate the employment of an employee only after prior negotiation with the representatives; otherwise, such termination will be invalid. The employee representatives must consult the employer concerning a termination by notice within seven working days, and a termination with immediate effect within two working days, from the day of delivery of the employer’s written request. If the employee representatives fail to do this, the employer may proceed with the termination of employment.

There are two levels of breach of work discipline: less serious and serious breaches. The level of the breach is assessed by the employer depending on the circumstances under which the breach has occurred. However, in the case of court proceedings, the assessment and qualification of the intensity of the breach is solely at the court’s discretion. Therefore, even if the employer has defined what represents a serious breach of work discipline in its internal regulation, the court is not obliged to take qualification/definition into consideration during the decision-making process.

The employer should evaluate every breach of work discipline individually, considering the employee as a whole person, the work he/she has been performing, his/her current attitude towards the performance of his/her duties, the time and situation in which the breach of work discipline occurred and the intensity of the breach of his/her specific duties. The consequences of the breach must be evaluated as well, with the employer taking into account the specific circumstances.

Serious breaches of work discipline are naturally the most serious breaches that an employee can make; usually, employers prefer the less serious breach classification, for which a written warning is issued, to avoid the potential risk of court proceedings in the future.

Procedures

A breach of work discipline may lead to the termination of employment, either by a notice or via immediate termination.

In the case of a minor breach of work discipline, the employer may only terminate the employment with notice if a written warning has been given to the employee within the six months prior to the breach. The employer must inform the employee of the specific reason for the dismissal and allow the employee the opportunity to provide an explanation regarding the situation prior to serving the notice.

For a serious breach of work discipline, no prior written warning is necessary. However, the employer must give notice of termination within two months of becoming aware of the breach. In any case, the termination must occur no later than one year from the date the reason for termination arose.

In case of immediate termination, the termination is effective from the moment of delivery of the notice to the employee. In case of termination by notice, the notice period applies.

The employer and the employee may terminate the employment by a written agreement at any time, and for any reason. The agreement constitutes mutual consent to the essential terms of the termination, and different terms may be agreed (eg, notice period or no notice period, severance payments).

The reason for termination must be stipulated only if the employee asks for it, or if the reason is redundancy or the loss of long-term capacity on the part of the employee to perform their work due to a medical condition according to medical opinion.

The Labour Code establishes a “protective period” during which an employee cannot be terminated by the employer by a notice, even if there is a reason for such termination.

This prohibition does not apply to the termination of employment by agreement, immediate termination or termination during the probationary period. It also does not apply to the termination of employment by the employee.

If the employer terminates the employee’s employment by notice during the protective period, it will be considered invalid.

The protective period covers the following situations:

• an employee is incapable of working because of illness or injury;
• an emergency service/extraordinary duty is performed during a crisis situation;

• an employee is released for voluntary military training, a regular military exercise or to fulfil tasks assigned by the Slovak armed forces;
• an employee is pregnant or on maternity or parental leave, or when a single employee is taking care of a child under the age of three – and in the period between when the employee announces the expected start date of paternity leave (if no earlier than six weeks prior to the expected due date) and the end of paternity leave;

• an employee is released to perform a public function for a long period; and
• an employee working at night has been recognised as incapable of night work pursuant to a medical opinion.

The employer cannot immediately terminate the employment of:

• a pregnant employee,
• an employee on maternity leave, paternity leave or parental leave;
• a single employee who is caring for a child under the age of three; or
• an employee who is personally caring for a close relative with a severe disability.

However, except for an employee on maternity or paternity leave, the employer may terminate the employment with notice for a serious breach of work discipline.

Employee representatives enjoy protection against dismissal:

• during the fulfilment of tasks resulting from their position, at which time they cannot be disadvantaged or otherwise sanctioned by the employer; and
• during their term of performance of their office and for six months thereafter – in this period, employee representatives are protected against any measures that might harm them, including the termination of their employment, and where such measures could be motivated by their position or activity.

An employer may give notice to or immediately terminate the employment of an employee representative only with the prior consent of the latter.

An employee and an employer may claim in court the invalidity of termination of an employment relationship by notice, immediate termination, termination within a probationary period or termination within two months of the due day thereof or the last day of the protective period, but not later than six months.

Prior to challenging the validity of the employment, the employee has the right to insist on further employment by the employer. If it is the court’s final decision that the termination of the employment is invalid, the employment is not terminated, except when the court decides that it cannot be equitably requested that the employer further employ the employee. The employer is obliged to pay the employee compensation of up to three years of wages for the period in which the employee did not perform their work because of the wrongful termination. Employers may ask that the amount of wage compensation be reduced when it exceeds one year.

In case the employee does not insist on further employment at the employer, the employment will be deemed terminated by agreement as of the expiry of the notice period – if an invalid notice was given – or as of the intended date of termination of employment if it was invalidly terminated with immediate effect or during the employee’s probationary period.

The Antidiscrimination Act, together with the Labour Code, regulates the application of the principle of equal treatment. Such principle is applied to all relationships arising during employment and stipulates the prohibition of discrimination based on sex, religion or belief, race, nationality or ethnic origin, disability, age, sexual orientation, marital status, family status, colour, language, political or other opinion, national or social origin, property, birth or other status or whistle-blowing. All discrimination is prohibited.

The principle of equal treatment applies in conjunction with the rights of individuals established by special laws, in particular in relation to:

• access to employment, a profession or other gainful activity, including in respect to the requirements for recruitment and conditions and ways thereof;
• the performance and conditions of employment, including remuneration, promotion and termination;
• access to vocational training, further vocational training and active labour market programmes, including access to advice on recruitment and changes in employment; and

• membership of and involvement in employees’ organisations, employers’ organisations and organisations associated with certain professions, including providing members with the benefits of such membership.

Burden of Proof

A person (employee) who contests that his/her right has been affected by a breach of the principle of equal treatment may file an action to the court. The claimant (employee) is required to directly indicate the person alleged to have infringed the principle of equal treatment (eg, an employer) in their application.

If the employee (claimant) submits evidence of such action, the employer, as the defendant in a court proceeding, must prove that it has not breached the principle of equal treatment.

Relief Damages

Back pay

If discrimination is found to have occurred by the court, the individuals who believe they have not received equal treatment may seek an injunction to stop their employer from continuing to breach anti-discrimination provisions, and an order for them to rectify the situation or provide adequate satisfaction.

Front pay

The possibility of awarding front pay in cases of discrimination also relates to a decision of the court during the court proceedings that may compel the employer to reimburse all the damages incurred by the victim of the discrimination. Such reimbursements may be either monetary or non-monetary in nature.

Emotional distress/compensatory damages

If satisfaction is insufficient, particularly if the breach has seriously impaired the dignity, social status and social functioning of the victim, financial compensation may be ordered. The amount of such compensation/back pay must be determined by a court decision considering the severity of the non-monetary damage caused to the victim and all other circumstances under which the breach occurred.

Punitive damages

If the claim of the employee (individual) is found to be justified and reasonable, the labour inspectorate representing the controlling authority with respect to compliance with labour legislation may impose a fine on the employer of up to EUR100,000.

Attorney’s fees

The costs of the court proceedings are calculated and imposed on the parties in proportion to their success in the case by a court decision. If a party has been only partially successful, the court apportions the costs or declares that none of the parties has a right thereto. Very occasionally, the court does not award the costs if there are special reasons strictly determined by the relevant legislation.

This also applies to attorney’s fees.

All court proceedings are available to the public. There is no possibility of court proceedings in employment disputes being available via video.

Judicial proceedings in employment law are held before courts operating within the court system of Slovakia. There is a possibility of solving employment issues through extrajudicial proceedings; however, the proceedings are based on mutual communication and negotiation between the parties involved.

In Slovakia, there are no official employment forums to solve employment issues by bypassing courts. However, a partial specialisation in employment matters has been established in the court system, which was previously not the case.

Class Action

Class action claims, where at least ten claims are made to the same court by the same entity on one day, are also available in the area of employment.

Representations in Court

Concerning employment matters, the Civil Litigation Procedure Code has established a special category of disputes with greater protection of a weaker party – ie, the employee.

In individual labour disputes, an employee may choose to be represented by a trade union body, which will defend his/her interests.

In other cases, where there is no special regulation, the employees may (i) represent themselves before the court, (ii) be represented by a natural person with a university degree in law or (iii) be represented by an attorney.

In general, representation by an attorney in individual employment disputes is not statutorily required.

Under the Labour Code, employment disputes between employees and employers are held and decided by general courts within the official court system. Arbitration procedures are not allowed in employment law, and there is no possibility to agree on establishing the competence to decide employment disputes before an arbitration authority designated by the parties.

Despite this, a mediation procedure is allowed in disputes arising from employment relationships. The mediation procedure is started by the conclusion of a written agreement. The mediator is obliged to make an entry in the book of mediation or request the deposition of such agreements in the registry.

In general, a successful mediation procedure is completed and finalised on the day on which an agreement resulting from mediation in writing is concluded. This agreement is binding for persons involved in the mediation, and the entitled person is allowed to file an application for judicial enforcement of the agreement, or for execution/commencement of execution if the agreement is executed in the form of a notarial deed or approved as a settlement before the court.

In case of court proceedings, both parties are subject to the same regulation, and the court may award them attorney’s fees in proportion to their success in the case.