Referencias
Ámbito de aplicación
Tamaño de las empresas excluidas (≤): ninguna
Categorías de trabajadores excluidas: funcionarios publicos
- There is no general exclusion of seafarers from the Labour Code: sec. 73(10) LC only excludes "crew members of vessels flying the flag of the Slovak Republic" from the provisions on collective redundancies.
- On civil servants see sec. 2 and 3 LC.
*Sec. 2: (1) This Act shall apply to legal relations in the civil service performance, only where so stipulated by a special regulation.
(2) This Act shall apply to legal relations arising from the public function performance, if so expressly stipulated or if so stipulated by a special regulation.
*Sec. 3: "1) Labour-law relations of employees in the public service performance shall be governed by this Act, unless stipulated otherwise by a special regulation.
(2) Labour-law relations of transportation employees, members of ships' crew floating under the flag of the Slovak Republic, employees of private security services and professional sports people shall be governed by this Act, unless stipulated otherwise by a special regulation.
(3) Labour-law relations of employees of churches and religious communities which perform clerical activities, shall be governed by this Act, unless stipulated otherwise by this Act, special regulation, international treaty, a treaty concluded between the Slovak Republic and churches and religious communities, or internal regulations of churches and religious communities."
Reformas legislativas en curso:
On April 2011, Act 48/2011 entered into force. It modifies among other things the provisions on discrimination of the Labour Code and bringsthe list of the protected grounds <br/>in line with the Anti-Discrimination Act of 2004.<br/>In addition, a reform of the Labour Code is under tripartite discussion. The draft amendments are expected to be examined by Parliament by June 2011.
CDD regulados: Si
Sec. 48 LC.
Razones de utilización legítima de CDD: sin restricción
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.
: 3
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: 2año(s)
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: 5.9
Source: Eurostat, as of first trimester 2011.
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)
Sec. 45 LC.
Obligación de motivar el despido: Si
Motivos autorizados (despido justificado):
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, orientación sexual, opinion política, origen social, nacionalidad, afiliación sindical y actividades sindicales, discapacidad, lengua, propriedad, estado de salud, cumplir obligaciones cívicas, información genética, origen étnico
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, 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. New as of 1 April 2011: An amendment to the Labour Code, Act. No 48/2011 of 8 february 2011, effective as of 1 April 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.
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
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
Sec. 61 (1) LC.
Plazo de preaviso:
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.
Indemnización sustitutiva de preaviso: No
Notificación a la administración: No
Notificación a los representantes de los trabajadores: Si
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
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
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.
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."
Notificación a la administración Yes
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 los sindicatos (representantes de los trabajadores) Yes
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: Yes
Acuerdo de los sindicatos (representantes de los trabajadores) No
Acuerdo de los representantes de los trabajadores No
Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio) No
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...) No
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.
Reglas de prioridad para la re-contratación Yes
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".
:
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)
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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.
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mineros: Si
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:<br/><br/>1) Termination is invalid and <b>the employee insists on keeping his/her employment</b>: 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).<br/><br/>2) Termination is invalid and <b>the employee does not insist on keeping his/her job</b>: 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". <br/>No such compensation is due "an invalid notice was given, upon expiration of the period of notice".
Sec. 79 (1) and (2) LC.
directores/ gerentes: Si
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.
policía: No
No statutory provision found in the legislation reviewed.
Sec. 77 LC.
Arbitraje: Si
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)
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