Terminating an employee in Slovakia requires careful adherence to the country's labor laws. Slovak labor law aims to protect employees, so employers must follow specific procedures to ensure terminations are lawful and to avoid potential disputes. Understanding the grounds for termination, notice period requirements, severance pay obligations, and procedural steps is crucial for employers operating in Slovakia.
Slovak employment law distinguishes between terminations with and without cause, each having distinct requirements. Employers must also be aware of employee protections against wrongful dismissal and the potential consequences of non-compliance. This guide provides an overview of the key aspects of termination and severance in Slovakia.
Notice Periods
The length of the notice period in Slovakia depends on the employee's tenure with the company. The Labor Code specifies minimum notice periods, but these can be extended by mutual agreement in the employment contract.
| Length of Employment | Minimum Notice Period |
|---|---|
| Less than 1 year | 1 month |
| 1 year to 5 years | 2 months |
| More than 5 years | 3 months |
It's important to note that these are minimums. Collective bargaining agreements or individual employment contracts may stipulate longer notice periods. The notice period starts on the first day of the calendar month following the delivery of the termination notice.
Severance Pay
Slovak law mandates severance pay for employees terminated due to organizational reasons or health reasons attributable to the workplace. The amount of severance pay depends on the employee's length of service.
| Length of Employment | Severance Pay |
|---|---|
| Less than 2 years | 1 month's average earnings |
| 2 to 5 years | 2 month's average earnings |
| 5 to 10 years | 3 month's average earnings |
| 10 to 20 years | 4 month's average earnings |
| More than 20 years | 5 month's average earnings |
If an employee is terminated due to the employer's operational needs and immediately retires (is granted an old-age pension, pre-retirement pension, or invalidity pension), they are entitled to both severance pay and retirement pay, if applicable.
Grounds for Termination
Employers in Slovakia can terminate employment for several reasons, which fall into two main categories: termination with cause and termination without cause.
Termination With Cause: These are serious breaches of employment duties. Examples include:
- Serious violation of work discipline
- Being convicted of an intentional criminal offense
- Violation of legal regulations
- Other reasons specified in the Labour Code
Termination Without Cause: These reasons typically relate to the employer's operational needs or the employee's inability to perform their job. Examples include:
- Downsizing or organizational changes
- Relocation of the employer's business
- Employee's inability to fulfill work tasks due to health reasons (confirmed by a medical certificate)
Procedural Requirements
To lawfully terminate an employee in Slovakia, employers must follow a specific procedure:
- Written Notice: The termination notice must be in writing and delivered to the employee.
- Reason for Termination: The notice must clearly state the reason for termination. For terminations with cause, the reason must be specific and well-documented.
- Consultation with Works Council/Trade Union: If a works council or trade union exists, the employer must consult with them before issuing the termination notice.
- Delivery: The notice must be properly delivered to the employee. It is advisable to obtain proof of delivery.
- Waiting Period (if applicable): In some cases, a waiting period may apply before the termination becomes effective.
Failure to follow these procedures can render the termination unlawful.
Employee Protections
Slovak law provides several protections for employees against wrongful dismissal.
- Protection During Illness: Employees are generally protected from termination during periods of certified illness.
- Protection During Pregnancy and Maternity Leave: Pregnant employees and those on maternity or parental leave have special protection against termination.
- Challenging Termination: Employees have the right to challenge a termination in court if they believe it was unlawful. If successful, they may be entitled to reinstatement and compensation.
Employers should maintain thorough documentation of the reasons for termination and the procedures followed to demonstrate compliance with the law. Seeking legal counsel is advisable to ensure all requirements are met and to minimize the risk of disputes.
