CDD regulados: Si

Remarks

Sec. 48 LC.

Razones de utilización legítima de CDD: sin restricción

Remarks

Sec. 48 LC:
No reasons required for the conclusion or renewals of contracts (max. 2 renewals) within a 2 year-period.
However, according to art. 48(4) a further extension to two years or over two years is permitted only for limited reasons. These are:
- substituting of an employee,
- "the performance of work in which it is necessary to significantly increase the number of employees for a transitional period not exceeding eight months per calendar year
- performing seasonal work (not exceeding 8 months per year),
- "the performance of care services under special regulation,
- carrying out work that requites education in the arts
- carrying out work as a creative employee in the areas of science, research and development,
- performing work agreed in a collective agreement.

Número máximo de CDD consecutivos: 3

Remarks

Sec. 48(2) LC, as recently amended by Act. No 574/2009, in force since 1st March 2010:
General rule: "A fixed term employment relationship may be agreed for at most two years. A fixed term employment relationship may be extended or renewed at most two times in the two year period".
Note that the LC provides that a further renewal is possible only in limited situations listed in sec. 48 (3) LC.

(Prior to the entry into force of that amendment, the rule was as follows: The fixed-term employment relationship may only be agreed for a maximum of 3 years. FTC may only be extended or renewed once within the 3-year period)

Duración máxima acumulativa de CDD consecutivos: 2au00f1o(s)

Remarks

General rule: max. 2 years. See sec. 48(2) LC.

However, according to sec. 48(4) a further extension to two years or over two years is permitted only for limited reasons. These are:
- substituting of an employee,
- the performance of work in which it is necessary to significantly increase the number of employees for a transitional period not exceeding eight months per calendar year
- performing seasonal work (not exceeding 8 months per year),
- the performance of care services under special regulation,
- carrying out work that requires education in the arts
- carrying out work as a creative employee in the areas of science, research and development,
- performing work agreed in a collective agreement.

% de trabajadores bajo CDD: 4.4

Remarks

Source: Eurostat, as of first trimester 2010.
The figure refers to the percentage of employee of total number of employee with a contract of limited duration (= temporary job).
Eurostat data are based on the following definition:
"A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Duración maxima del periodo de prueba (en meses): 6 mes(es)

Remarks

Sec. 45 LC.

Duración maxima del periodo de prueba (en meses): 6 mes(es)

Remarks

Sec. 45 LC.

Obligación de motivar el despido: Si

Remarks

Art. 61(2) LC: "An employer may only give notice to an employee for reasons expressly stipulated in this Act. The reason for giving notice must be defined in the notice in terms of fact such that it may not be confused with a different reason, or the notice shall otherwise be deemed invalid. The reason for giving notice may not be subsequently amended".

Motivos autorizados (despido justificado): conducta del trabajador, capacidad del trabajador, razones económicas, conducta del trabajador, capacidad del trabajador, razones económicas

Remarks

In Slovakia, the LC exhaustively sets out the grounds for dismissal with notice; no other ground may be added (sec. 63 LC).
Those grounds can be divided into 1) economic reasons, 2) reasons related to the individual worker (disciplinary reasons, physical incapacity, poor performance...)

Sec. 63(1) LC reads as follows:
An employer may give notice to an employee only for the following reasons:
a) if the employer or part thereof ceases its operations or is relocated;
b) if an employee becomes redundant by virtue of a written decision of the employer or a competent body on changes in duties, technical equipment, reduction in the number of employees with the aim of increasing work efficiency, or on other organizational changes;
c) a medical opinion states that the employee's health condition has caused a long term loss of his/her ability to perform his/her previous work or if he/she can no longer perform such work due to an occupational disease or danger of such disease, or if the maximum permitted level of exposure has been reached at in the workplace, as determined by a decision of a competent public health body;
d) The employee
1. fails to meet the requirements set out by legal regulations for the performance of the agreed work,
2. ceases to fulfil the requirements pursuant to sec. 42 paragraph (2),
3. fails to fulfil the requirements for the proper performance of the agreed work determined by the employer in internal regulations, through no fault of the employer, or
4. does not satisfactorily fulfill the working tasks, and the employer has in the preceding six months, requested him in writing to rectify the poor performance, but the employee failed to do so within a reasonable period of time,
e) there are reasons on the part of the employee for which the employer might immediately terminate the employment relationship with him/her, or by virtue of less grave breaches of labour discipline; for less severe breaches of labour discipline; employment may be terminated with notice if, with respect to breach of labour discipline, only if the employee has been notified in writing in the preceding six months of the possibility to be dismissed.

Reasons justifying immediate termination are final conviction of an willful criminal offence and gross violation of labour discipline (see sec. 68 LC)

Motivos prohibidos: estado civil, embarazo, licencia de maternidad, responsabilidades familiares, presentación de una queja contra el empleador, enfermedad o accidente profesional temporal, raza, color, sexo, opinion política, origen social, nacionalidad, afiliación sindical y actividades sindicales, lengua, propriedad, cumplir obligaciones cívicas, estado civil, embarazo, licencia de maternidad, responsabilidades familiares, presentación de una queja contra el empleador, enfermedad o accidente profesional temporal, raza, color, sexo, opinion política, origen social, nacionalidad, afiliación sindical y actividades sindicales, lengua, propriedad, cumplir obligaciones cívicas

Remarks

On the general prohibition of discrimination, see sec. 13 LC which refers to the principle of Equal Treatment contained in the Act No. 365/2004 Coll. of 20 May 2004 (Amended in 2007 and 2008) on Equal Treatment in Certain Areas and Protection against Discrimination. This Act prohibits discrimination in employment relations (including dismissal) on grounds of sex (which includes pregnancy, motherhood, sex or gender identification), religion or belief, race, nationality or ethnic origin, disability, age, sexual orientation, marital or family status, colour, language, political affiliation or other conviction, national or social origin, property, lineage or any other status. (See sec. 6 read together with sec. 2 and 2 a) of the Act)
Note, however, that the list of prohibited grounds contained in the Labour Code (sec. 13(2)) is more restrictive as it only includes: marital status, family status, skin colour, language, political or other conviction, trade union activity, national or social origin, property, lineage or other status.
[Note that article 1 of the Chapter on fundamental principles included at the beginning of the labour Code contains a wider list of prohibited grounds that includes state of health, disability, national or ethnic affiliation]

"Filing a complaint against the employer is included in sec. 13(3) LC which stipulates that "in the workplace, nobody may be persecuted or otherwise sanctioned in the performance of labour-law relations for submitting a complaint (...) against another employee or the employer."

In addition, sec. 64 LC expressly prohibits the employer to give notice to employees - subject to certain exceptions - during a "protection period", namely:
- at a time when the employee is declared temporarily incapable for work due to disease or accident, unless deliberately induced or caused under the influence of alcohol, narcotic substances or psychotropic, and within the period from submission of a proposal for institutional care or from entry into spa treatment up to the day of termination thereof,
- in case of conscription of the employee to perform extraordinary service in time of crisis, or in case of performance of alternative service,
- during the entire period of pregnancy, maternity leave, parental leave or in case a single-parent (male and female) takes care of a child under the age of three,
- during the leave granted for the performance of a public office,
- at a time an employee is on the basis of a medical opinion, certified as temporarily unfit for night work.
However, this prohibition of notice does not apply to cases of termination:
* for reasons justifying immediate termination unless concerning employee on maternity leave or on parental leave,
* for other breaches of labour discipline unless concerning a pregnant employee, an employee on maternity leave or on parental leave (male and female),
* in the event of cessation of activities or relocation of the employer's business,
* if the employee has lost by his/her own fault the preconditions for the performance of the agreed work pursuant to a special law.

See also sec. 240(7) LC: Employees' representatives which include trade union members, members of a works council or a works trustee, during their term in office and for one year after its termination, shall be protected against measures which could damage them, including the termination of the employment relationship and which could be motivated by their position or activity.

Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores, mujeres embarazadas o con licencia de maternidad, trabajadores con responsabilidades familiares, trabajadores con una invalidez confirmada, trabajadores con discapacidad, trabajadores que desempeñan servicio militar/servicio alternativo, trabajadores con licencia temporal por enfermedad, trabajadores que ejercen cargo de elección o una función política, representantes de los trabajadores, mujeres embarazadas o con licencia de maternidad, trabajadores con responsabilidades familiares, trabajadores con una invalidez confirmada, trabajadores con discapacidad, trabajadores que desempeñan servicio militar/servicio alternativo, trabajadores con licencia temporal por enfermedad, trabajadores que ejercen cargo de elección o una función política

Remarks

Some categories of workers enjoy special protection which takes either the form of 1) a prohibition of notice during "a protection period" or 2) additional procedural requirements (i.e prior approval of a competent authority).

1) Sec. 64 LC expressly prohibits the employer to give notice to employees - subject to certain exceptions - during a "protection period", namely:
- at a time when the employee is declared temporarily incapable of performing work due to disease or accident, unless deliberately induced or caused under the influence of alcohol, narcotic substances or psychotropic,
- in case of conscription of the employee to perform extraordinary service in time of crisis,
- during the entire period of pregnancy, maternity leave, parental leave or in case a lone employee (male and female) takes care of a child under the age of three,
- during the leave granted for the performance of a public office,
- at a time an employee is declared temporarily incapable of performing night work.
However, this prohibition of notice does not apply to cases of termination:
* for reasons justifying immediate termination unless concerning employee on maternity leave or on parental leave,
* for other breaches of labour discipline unless concerning a pregnant employee, an employee on maternity leave or on parental leave (male and female),
* in the event of cessation of activities or relocation of the employer's business.

2) Specific requirements:
- Prior authorization:
* Employee's representatives:
According to sec. 240 (8) LC, "The employer may give notice to or terminate immediately the employment of a member of the relevant trade union body, a member of a works council or a works trustee only with the prior consent of these employees' representatives".
*Disabled workers:
Sec. 66 LC: "An employer may dismiss an employee with health disability only with he prior consent of the relevant office of labour, social affairs and family otherwise notice shall be invalid. No such consent is required where the employee has reached the age entitling him/her to old-age pension or was dismissed on the grounds of cessation of activities or relocation or for grave breaches of labour discipline.

- Severance pay:
There is no general right to severance pay except for redundancies. However, the LC foresees specific severance payment in the following cases:
* Termination with notice due to "long term loss of ability to perform the work" for health reasons (2 months' pay for employees with less than 5 years' service and 3 months' pay for employees with at least 5 years of service: sec. 76(1) LC)
* Termination with notice following a prohibition to carry out the work as a result of "employment injury, occupational disease or the risk of such an disease, or he/she has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body": severance pay (at least 10 months' pay: sec. 76(3) LC)

Forma de la notificación del despido al trabajador: escrita

Remarks

Sec. 61 (1) LC.

Plazo de preaviso:

Remarks

Sec. 62 (1) LC: The notice period which is identical for employer and employee shall be at least 2 months. If notice of termination is given to an employee who has at least 5 years' service, the notice period shall be at least 3 months.

duración de servicio ≥ 6 meses:

  • Todos: 2 mes(es).
  • Todos: 2 mes(es).

duración de servicio ≥ 9 meses:

  • Todos: 2 mes(es).
  • Todos: 2 mes(es).

duración de servicio ≥ 2 años:

  • Todos: 2 mes(es).
  • Todos: 2 mes(es).

duración de servicio ≥ 4 años:

  • Todos: 2 mes(es).
  • Todos: 2 mes(es).

duración de servicio ≥ 5 años:

  • Todos: 3 mes(es).
  • Todos: 3 mes(es).

duración de servicio ≥ 10 años:

  • Todos: 3 mes(es).
  • Todos: 3 mes(es).

duración de servicio ≥ 20 años:

  • Todos: 3 mes(es).
  • Todos: 3 mes(es).

Indemnización sustitutiva de preaviso: No

Notificación a la administración: No

Notificación a los representantes de los trabajadores: Si

Remarks

See sec. 74 LC: Notification to and negotiation with employee's representatives is mandatory prior to any termination (both termination with notice and immediate termination).

Aprobación de la administración publica o de organismos judiciales: No

Remarks

However, prior approval by the relevant office of labour, social affairs and family is required in the event of a disabled employee: sec. 66 LC.

Acuerdo de los representantes de los trabajadores: No

Remarks

However, pursuant to sec. 240 8) LC: "The employer may give notice to or terminate immediately the employment of a member of the relevant trade union body, a member of a works council or a works trustee only with the prior consent of these employees' representatives".

Definición de despido colectivo (número de empleados afectados): At least 20 employees over a period of 90 days.

Remarks

Sec. 73 (1) LC: (1) "If an employer or part thereof terminates an employment relationship by giving notice for
* the reasons as stipulated in sec. 63, paragraph (1), letters a) and b) [these are a) if the employer or part thereof, is wound-up or relocated, b) if an employee becomes redundant by virtue of the employer or competent body issuing a written resolution on change in duties, technical equipment, reduction in the number of employees with the aim of increasing work efficiency, or on other organisational changes]
* if the employment relationship is terminated for another reason that does not depend on the person of the employee,
* with at least 20 employees over a period of 90 days,
this shall be a collective redundancy."

Definición de despido colectivo (número de empleados afectados): At least 20 employees over a period of 90 days.

Remarks

Sec. 73 (1) LC: (1) "If an employer or part thereof terminates an employment relationship by giving notice for
* the reasons as stipulated in sec. 63, paragraph (1), letters a) and b) [these are a) if the employer or part thereof, is wound-up or relocated, b) if an employee becomes redundant by virtue of the employer or competent body issuing a written resolution on change in duties, technical equipment, reduction in the number of employees with the aim of increasing work efficiency, or on other organisational changes]
* if the employment relationship is terminated for another reason that does not depend on the person of the employee,
* with at least 20 employees over a period of 90 days,
this shall be a collective redundancy."

Consultación previa con los sindicatos (representantes de los trabajadores): Si

Remarks

Sec. 73(2) LC: negotiations shall start at least one month prior to the commencement of collective redundancies. If there are no employees' representatives in the workplace, the employer shall negotiate directly with the affected employees.

Notificación a la administración: Si

Remarks

See sec. 73 (3) LC: written information identical to that provided to the employee's representatives shall be delivered to the Labour office.
Sec. 73 (4) LC: written information on the outcome of negotiations shall be submitted to the Labour office.
Sec. 73 (7) LC: compulsory negotiation with the Labour Office on alternatives to dismissal.

Notificación a los representantes de los trabajadores: Si

Aprobación de la administración publica o de organismos judiciales: No

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio): No

Remarks

No criteria listed in the legislation.
However sec. 73 (2)e) and (3) state that the selection criteria should be one of the elements to be communicated to the worker's representatives and to the Labour Office within the framework of the negotiation process.

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...): Si

Remarks

See sec. 73, (2) and (7) LC.
- Sec. 73 (2): obligation on the part of the employer to negotiate with the employee's representatives "measures enabling avoidance of collective redundancies of employees, or reduction thereof, mainly negotiate the possibility of placing them in appropriate employment at the employer's other workplaces, also subsequent to preceding preparation, and measures for mitigating the adverse consequences of collective redundancies of employees".
- Sec. 73(7) LC: obligation on the part of the employer to negotiate with the Labour Office "such measures enabling prevention of collective redundancies or its limitation, in particular over a) conditions for maintaining employment, b) possibility of employing discharged employees with other employers, c) possibility of discharged employees to perform work in the case of their retraining".

Reglas de prioridad para la re-contratación: No

Remarks

There is no rehiring priority for redundant workers. The LC only provides that employers cannot create a new position or recruit any new staff on a position made redundant during a period of 3 months (sec. 61(3) LC). However, it does not does not foresee that any such re-opened positions be offered first to the redundant workers.

Indemnización por despido:

Remarks

No general statutory severance pay for non-economic dismissals.
However, employee are entitled to severance pay in the following cases:
* Termination of the employment relationship with notice "because a medical opinion states that the employee's health condition has caused the long term loss of his/her ability to perform his/her previous work": severance pay shall amount to at least 2 months' pay. This shall be increased to 3 months' pay for employees with at least 5 years' service (sec. 76(1) LC).
* Termination of "an employee's employment relationship with notice or by agreement because the employee is prohibited from carrying out his/her work as a result of an employment injury, occupational disease or the risk of such an disease, or he/she has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body": severance shall amount to at least 10 month's pay (sec. 76(2) LC)

duración de servicio ≥ 6 meses: 0 mes(es)

duración de servicio ≥ 9 meses: 0 mes(es)

duración de servicio ≥ 1 año: 0 mes(es)

duración de servicio ≥ 4 años: 0 mes(es)

duración de servicio ≥ 5 años: 0 mes(es)

duración de servicio ≥ 10 años: 0 mes(es)

duración de servicio ≥ 20 años: 0 mes(es)

Indemnización por despido por razones económicas:

Remarks

Sec. 76 (1) LC read together with sec. 63 (1) : If the employer makes an employee redundant on the grounds of "change in duties, technical equipment, reduction in the number of employees with the aim of increasing work efficiency, or on other organisational changes", or "if the employer or part thereof, is wound-up or relocated", the employee shall be entitled to a payment of at least 2 month's pay, increased to 3 months' pay if the employee has at least 5 years of service.

duración de servicio ≥ 6 meses: 2 mes(es)

duración de servicio ≥ 9 meses: 2 mes(es)

duración de servicio ≥ 1 año: 2 mes(es)

duración de servicio ≥ 2 años: 2 mes(es)

duración de servicio ≥ 4 años: 2 mes(es)

duración de servicio ≥ 5 años: 3 mes(es)

duración de servicio ≥ 10 años: 3 mes(es)

duración de servicio ≥ 20 años: 3 mes(es)

Notas / Comentarios

Notas

1) Termination with notice for economic reasons (individual of collective): redundancy payment.
2) There is no general statutory right to severance pay following non economic terminations (i.e: termination with notice based on the worker's conduct or capacity.
However, the LC foresees specific severance payment in the following situation:
a) Termination with notice due to "long term loss of ability to perform the work" (health reasons): severance pay = same amount as redundancy pay (2 month's pays for employees with less than 5 years' service and 3 month's pay for employee's with at least 5 years of service: sec. 76(1) LC)
b) Termination with notice following a prohibition to carry out the work as a result of "employment injury, occupational disease or the risk of such an disease, or he/she has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body": severance pay (at least 10 months' pay: sec. 76(3) LC)

Compensación por despido injustificado - libre determinación de la Corte: Si

Remarks

See sec. 79 (1) and (2) LC.

Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo): For claims arising from an invalid termination", the law distinguishes between 2 situations depending on wether or not the employee has notified the employer that she or she insists on continuation of the employment:

1) Termination is invalid and the employee insists on keeping his/her employment: Compensation amounts to the average earnings from the day he/she announced to the employer that he/she insists on keeping employment, to such time for which the employer enables him/her to keep working, or until a court rules on termination of the employment relationship.(if the overall time is more than 12 months, the court may,at the request of the employer, award proportionate reduction for the period exceeding 12 months. The court may also decide not to award wages compensation for that exceeding period which would mean that the maximum compensation for loss wages would be 12 months).

2) Termination is invalid and the employee does not insist on keeping his/her job: the employment relationship is deemed to have been terminated by mutual agreement. If " the employment relationship was terminated in an invalid manner immediately or, within the probationary period, on the day when the employment relationship was due to terminate", the an employee is entitled to wage compensation in the amount of average monthly earnings for a two-month notice period".
No such compensation is due "an invalid notice was given, upon expiration of the period of notice".

Remarks

Sec. 79 (1) and (2) LC.

Posibilidad de readmisión: Si

Remarks

Reinstatement is the rule if the employee insists on continuing the employment relationship unless the courts decides that "it cannot be justly required of the employer to further employ the employee": sec. 79 (1) LC.
If termination is invalid but the employee does not insist on further continuing the employment relationship, it will be deemed to have been terminated by mutual agreement: sec. 79 (3) LC.

Conciliación previa obligatoria: No

Remarks

No statutory provision found in the legislation reviewed.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks

Sec. 77 LC.

Arbitraje: Si

Remarks

No statutory provision found in the LC.
However, mediation is foreseen by Act no. 420/2004 since 1 September 2004 as a method for out-of-court resolution of individual labour disputes.

See secondary sources: http://www.eurofound.europa.eu/eiro/studies/tn0910039s/sk0910039q.htm (Eurofound)
http://ec.europa.eu/civiljustice/adr/adr_svk_en.htm (European Commission, European Judicial Network)

Duración del procedimiento: 14mes(es)

Remarks

This refers to the average litigation time (in months) for individual labour disputes in Slovakia in 2008 and is therefore not specific to dismissal disputes. Original source: Statistical yearbook of the Slovak Ministry of Justice, reported in: Ludovit Cziria, "Slovakia: Individual disputes at the workplace - alternative disputes resolution", 2010, available on the Eurofound website at: http://www.eurofound.europa.eu/eiro/studies/tn0910039s/sk0910039q.htm