CDD regulados: Si

Remarks

Act No. 361/2012 Coll. amending Act No. 311/2001 Coll. Labour Code, as amended (and amending and supplementing certain acts) resulted in a return to the regulation of the length of fixed-term contracts, which was before the adoption of Act No. 257/2011 Coll..

Razones de utilización legítima de CDD: sin restricción

Número máximo de CDD consecutivos: 3

Remarks

As stated below, in principle, a fixed-term employment relationship may be extended or renewed at most twice within a two years period (Article 48 paragraph 2 of the LC).
However, a further extension or renewal of the fixed-term employment relationship to two years or over two years can be agreed for the reasons specified under Article 48, paragraph 4, of the LC. (and under Article 48, paragraph 6, of the LC).

To be noted: A renewed fixed-term employment relationship is an employment relationship beginning less than six months after the end of the previous fixed-term employment relationship between the same parties.“ (Article 48 paragraph 3 of the LC).

Duración máxima acumulativa de CDD consecutivos: 24meses

Remarks

Since 1st January 2013, pursuant to Article 48, paragraph 2, of the Labour Code, in principle, 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 twice within a two years period.

However, according to Article 48, paragraph 4, of the Labour Code a further extension or renewal of the fixed-term employment relationship to two years or over two years can be agreed only in the following reasons:
a) substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
b) the performance of work in which it is necessary to increase significantly the number of employees for a temporary period not exceeding eight months in the calendar year,
c) the performance of works which depend on rotation of seasonal cycles during the year, they are repeated every year and do not exceed eight months in a calendar year (seasonal work),
d) the performance of works agreed in a collective agreement.

Furthermore, according to Article 48, paragraph 6, of the Labour Code, a further extension or renewal of an employment relationship for a fixed term of up to two years or over two years can be agreed with a teacher in higher education or a creative employee in science, research or development also if there are objective reasons relating to the character of the activities of the teacher in higher education or creative employee in science, research or development as stipulated in special regulation.“.

To be noted : Under Article 48, paragraph 3, of the Labour Code, u201eA renewed fixed-term employment relationship is an employment relationship beginning less than six months after the end of the previous fixed-term employment relationship between the same parties.“.

% de trabajadores bajo CDD: 7

Remarks

Source: Eurostat, as of second trimester 2012.
The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
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 meses

Remarks

•Sec. 45 LC:
(1) A probationary period may be agreed in an employment contract for a maximum of three months, except in the case of an executive employee who reports directly to the statutory body or a member of the statutory body and in the case of an executive employee who reports directly to such an executive employee, where the maximum shall be six months. A probationary period may not be prolonged.
(2)The probationary period shall be prolonged by periods of obstacles to work on the part of the employee.
(3)The probationary period must be agreed upon in writing or otherwise it shall be invalid.
(4)A probationary period may not be agreed if a fixed term employment relationship is renewed.

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

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, as amended by Act No. 257/2011 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 securing 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 § 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 two 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.

The LC also provides that, the employer (except in certain cases) can only carry out a dismissal when:
a) the employer does not have the possibility to further employ the employee, not even for a reduced working time, in the place which was agreed as the place of work performance,
b) the employee is not willing to shift to other suitable work offered to him/her by the employer at the place of work or undertake the necessary training for this other work (sec. 63(2) LC).
This does not apply to dismissals with notice based on unsatisfactory performance of work, "less serious breach of labour discipline" and to summary dismissal.
Also, there is the possibility to regulate or exclude by way of collective agreement the above mentioned employer' obligations contained in sec. 63(2) LC (sec. 63(3) LC)]

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, enfermedad o accidente profesional temporal, raza, color, sexo, orientación sexual, religión, opinion política, origen social, nacionalidad, edad, afiliación sindical y actividades sindicales, discapacidad, lengua, propriedad, estado de salud, cumplir obligaciones cívicas, información genética, origen étnico

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 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, that until April 2011, that the list of prohibited grounds contained in the Labour Code (sec. 13(2)) was much more restrictive than that of the Act 365/2004.

An amendment to the Labour Code, Act. No 48/2011, brought the list of prohibited grounds of discrimination of the Labour Code in line with the Anti-Discrimination Act while adding additional grounds in the LC. As a result, sec. 13(2) LC now expressly prohibits discrimination based on sexual orientation, disability and ethnic origin. Two new grounds, which were not included in the Anti Discrimination Act have also been introduced in the LC (sec. 13(2) and art. 1 of the Fundamental Principles, namely: Unfavourable state of health and genetic features".

"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.

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

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.

The LC provides a special protection against termination during the probationary period to pregnant women, mothers of children below nine months and breastfeeding women. While as a rule, termination of employment during the probationary period can take place for any reason and without justification, employment of the above mentioned workers may be terminated only in exceptional cases not relating to pregnancy or maternal function, and the reasons for termination must be stated in writing (sec. 72(1) LC as amended).

2) Specific requirements:
- Prior authorization:
* Employee's representatives:
According to 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 six months 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. Sec. 240 (8) LC specifies that any summary dismissal or dismissal with notice of a member of the relevant trade union body, a member of a works council or a works trustee requires 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 situation:
* 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. The employee is entitled to severance pay (unless the occupational injury or disease was caused by his/her fault) amounting to at least 10 months' pay (sec. 76(3) LC).
* With regard to termination with notice due to "long term loss of ability to perform the work" for health reasons, the rules have changed in 2011: under the previous LC, employees were entitled to 2 month's pay or 3 months' pay if they had at least 5 years of service. According to sec. 76(1) LC, when the employment is termination because the employee is no longer able to perform the work, given his/her health status severance payment now amounts to the employee's average monthly earnings multiplied by the number of months of the notice period. Severance pay now functions as a pay in lieu of notice, as it is not any more payable when the employee works through the entire statutory notice period. The employer is required to pay the employee a severance payment only in the event that the employment terminates by agreement. If the employee works partially through the termination period, he/she will be entitled to some severance payment for the time he/she has not worked.

Forma de la notificación del despido al trabajador: escrita

Remarks

Sec. 61 (1) and (2) LC.

Plazo de preaviso:

Remarks

(1) Where notice has been given, the employment relationship shall terminate upon expiration of the period of notice.

(2) The period of notice shall be at least one month, unless this Act stipulates otherwise.

(3) The notice period for an employee who is given notice for the reasons stated in Sec.63 paragraph 1 letter a) or b) or because the employee's health condition has, according to a medical opinion, caused the long term loss of their ability to perform their present work, shall be at least
a) two months if the employer in employment relationship has employed the employee for at least one year and less than five years as at the date of delivery of notice,
b) three months if the employer in employment relationship has employed the employee for at least five years as at the date of delivery of notice,

(4) The notice period for an employee who is given notice for reasons other than those stated in paragraph 3 shall be at least two months if the employer in employment relationship has employed the employee for at least one year as at the date of delivery of notice.
(...)

duración de servicio ≥ 6 meses:

  • Todos: 1 meses.
  • Todos: 1 meses.

duración de servicio ≥ 9 meses:

  • Todos: 1 meses.
  • Todos: 1 meses.

duración de servicio ≥ 2 años:

  • Todos: 2 meses.
  • Todos: 2 meses.

duración de servicio ≥ 4 años:

  • Todos: 2 meses.
  • Todos: 2 meses.

duración de servicio ≥ 5 años:

  • Todos: 2 meses.
  • Todos: 3 meses.

duración de servicio ≥ 10 años:

  • Todos: 2 meses.
  • Todos: 3 meses.

duración de servicio ≥ 20 años:

  • Todos: 2 meses.
  • Todos: 3 meses.

Indemnización sustitutiva de preaviso: Si

Remarks

When an employee is terminated on the grounds of the winding-up of the employer or its relocation or on the grounds of redundancy or based on the loss of his/her medical ability to carry out work, he/she is now entitled to either notice or severance pay but no longer both.

If an employee is given notice for the above mentioned reasons, the employee has the right to ask the employer to terminate employment relationship by agreement before the start of the notice period and the employer must comply with this request. In such cases, the employee must be entitled to a severance allowance equal to not less than his/her average monthly earnings multiplied by the number of months of the notice period (sec. 76(2) LC).
Where, on the other hand, there is no agreed termination, the employee is not entitled to any severance pay and the statutory notice periods apply.
Lastly, if upon agreement, the employee continues to work for only a part of the notice period, he/she will be entitled to some severance payment for the time he/she has not worked (sec. 76(3) LC).

(2) If employment relationship is terminated by agreement for the reasons stipulated in Sec.63 paragraph 1 letter a) or b) or because the employee's health condition has, according to a medical opinion, caused the long term loss of their ability to perform their previous work, the employee shall be entitled to a severance allowance at termination of employment relationship equal to at least a) their average monthly earnings, if the employee's employment relationship lasted less than two years, b) two times their average monthly earnings, if the employee's employment relationship lasted at least two years and less than five years,, c) three times their average monthly earnings, if the employee's employment relationship lasted at least five years and less than ten years, d) four times their average monthly earnings, if the employee's employment relationship lasted at least ten years and less than twenty years, e) five times their average monthly earnings, if the employee's employment relationship lasted at least twenty years.

(3) If an employer terminates an employee's employment relationship by notice or by agreement on the reasons that the employee must no longer perform their work as a result of an occupational accident, occupational disease or the risk of such a disease, or that the employee has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body, the employee shall be entitled to a severance allowance equal to at least ten times their monthly earnings; this shall not apply if an occupational accident was caused by the employee breaching, through their own fault, legal regulations or other regulations for ensuring occupational safety and health or instructions for ensuring occupational safety and health despite having been duly and demonstrably familiarized with them and knowledge of them and compliance with them systematically required and checked, or if an occupational accident was caused by the employee under the influence of alcohol, narcotic substances or psychotropic substances and the employer could not prevent the occupational accident.

Notificación a la administración: No

Notificación a los representantes de los trabajadores: No

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 (9) 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. As previous agreement shall be considered as also failure by the employees' representatives to grant consent in writing to the employer within 15 days of receiving the employer's request. The employer may only make use of this previous consent within a period of two months from its being grantedu201d

Definición de despido colectivo (número de empleados afectados): Within a 30-day period:
- at least ten employees in enterprises with more than 20 and less than 100 employees,
- at least 10% of total number of employees in enterprises with more than 100 and less than 300 employees,
- at least 30 employees in enterprises with more than 300 employees.

Remarks

Sec. 73(1) LC:
Collective redundancy shall occur
* if an employer or a part of an employer terminates employment relationship by notice on the grounds of winding-up or relocation of the company or part thereof, redundancy arising from change in duties, technical equipment or reduction in the number of employees with the aim of securing work efficiency, or on other organisational changes
* or if employment relationship is terminated by another method on reason not relating to the person of the employee within 30 days
* of at least ten employees of an employer who employs more than 20 and less than 100 employees,
* of at least 10% of total up expenses of employees of an employer who employs more than 100 and less than 300 employees,
* of at least 30 employees of an employer who employs more than 300 employees."

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

Remarks

Sec. 73(2) LC: negotiations with the employees' representatives 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. The employer should negotiate 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.

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.
As a result of 2011 reform, the employer is no longer required to carry out 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

Sec. 73 (2 LC): There is an 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".

As a result of the 2011 reform, the employer's is only required to carry out negotiations on alternatives to dismissal and measures with the employees' representatives and not any more with the labour administration.

Reglas de prioridad para la re-contratación: No

Remarks

There is no rehiring priority for redundant workers. Art. 61(3) LC only provides that employers cannot create the wound-up work post anew and employ another employee to the same post during a period of 2 months. However, it does not does not foresee that any such re-opened positions be offered first to the redundant workers.

Indemnización por despido:

Remarks

Since the adoption of Act No. 362/2012 Coll. amending the Labour Code, the extent of the employee's entitlement depends on whether he/she has received notice from the employer or whether he/she has agreed with the termination agreement.
There is no general right to severance pay except for redundancies.

However, the LC foresees specific severance payment in the following cases:
*Article 76, paragraph 1, LC: "An employee with whom the employer terminates his employment relationship by notice for reasons stated in Article 63 paragraph 1 letter a) or letter b) or due to the fact that the employee, according to a medical assessment, has lost his/her ability to perform his/her work for a long time due to his/her medical condition, shall be entitled at the end of employment relationship to severance pay at least in the amount of [up to] (...) d) four times his/her average monthly earnings, if the employee´s employment relationship lasted at least twenty years."
*Article 76, paragraph 2, LC: (...)
*Article 76, paragraph 3, LC: "If an employer terminates an employee´s employment relationship by notice or by agreement on the reasons that the employee must no longer perform his/her work as a result of an occupational accident, occupational disease or the risk of such a disease, or that the employee has already received the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body, the employee shall be entitled to a severance pay equal to at least ten times his/her monthly earnings; this shall not apply if an occupational accident was caused by the employee breaching, through his/her own fault, (...)".

Finally, Article 76, paragraph 7, LC provides that "An employer may pay an employee severance pay in other cases besides those laid down in paragraphs 1 and 2.“.

duración de servicio ≥ 6 meses: 0 meses

duración de servicio ≥ 9 meses: 0 meses

duración de servicio ≥ 1 año: 0 meses

duración de servicio ≥ 4 años: 0 meses

duración de servicio ≥ 5 años: 0 meses

duración de servicio ≥ 10 años: 0 meses

duración de servicio ≥ 20 años: 0 meses

Indemnización por despido por razones económicas:

Remarks

See sec. 76(3) LC, as amended by Act 257/2011, in force since 1 Sept. 2011. Prior to the amendments, in the event of economic dismissal employees were entitled to a redundancy payment of at least 2 month's pay, increased to 3 months' pay if the employee has at least 5 years of service.
The rules on redundancy entitlements have been substantially modified: when an employee is terminated on economic grounds (namely: winding up or relocation of the employer, redundancy ) he/she is now entitled to either notice or severance pay but no longer both.
If an employee is given notice for the above mentioned reasons, the employee has the right to ask the employer to terminate employment relationship by agreement before the start of the notice period and the employer must comply with this request. In such cases only, the employee must be entitled to a severance allowance equal to not less than his/her average monthly earnings multiplied by the number of months of the notice period (sec. 76(2) LC).Where, on the other hand, there is no agreed termination, the employee is not entitled to any severance pay and the statutory notice periods apply.
Lastly, if upon agreement, the employee continues to work for only a part of the notice period, he/she will be entitled to some severance payment for the time he/she has not worked (sec. 76(3) LC).

duración de servicio ≥ 6 meses: 1 meses

duración de servicio ≥ 9 meses: 1 meses

duración de servicio ≥ 1 año: 2 meses

duración de servicio ≥ 2 años: 2 meses

duración de servicio ≥ 4 años: 2 meses

duración de servicio ≥ 5 años: 3 meses

duración de servicio ≥ 10 años: 3 meses

duración de servicio ≥ 20 años: 3 meses

Notas / Comentarios

Notas

The rules on redundancy and severance pay have been substantially modified by Act No. 257/2011, in force since 1 Sept. 2011.

1) Termination with notice for economic reasons (individual of collective):
When an employee is terminated on economic grounds (namely: winding up or relocation of the employer, redundancy) he/she is now entitled to either notice or severance pay but no longer both.
If an employee is given notice for the above mentioned reasons, the employee has the right to ask the employer to terminate employment relationship by agreement before the start of the notice period and the employer must comply with this request. In such cases only, the employee must be entitled to a severance allowance equal to not less than his/her average monthly earnings multiplied by the number of months of the notice period. Where, on the other hand, there is no agreed termination, the employee is not entitled to any severance pay and the statutory notice periods apply.
Lastly, if upon agreement, the employee continues to work for only a part of the notice period, he/she will be entitled to some severance payment for the time he/she has not worked .

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 rules as redundancy pay.
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 whether 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 9 months, the court may award proportionate reduction for the period exceeding 9 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 (4) LC.

Conciliación previa obligatoria: No

Remarks

No statutory provision found in the legislation reviewed.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks

Sec. 77 LC.
Sec 9 LC.

Arbitraje: Si

Remarks

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

The Act 244/2002/Coll provides for rules of arbitration procedure.

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: https://www.eurofound.europa.eu/fi/publications/report/2010/slovakia-individual-disputes-at-the-workplace-alternative-disputes-resolution