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Slovakia

Employee Rights and Protections

Explore workers' rights and legal protections in Slovakia

Termination

In Slovakia, the law strictly outlines the grounds on which an employer can terminate an employee's contract. These reasons include organizational reasons such as the employer ceasing operations or relocating, and employee redundancy due to organizational change. Health reasons such as the employee losing the medical capacity to perform work or the risk of an occupational illness also qualify. Employee behavior or performance issues like failure to meet work expectations despite provided support, or a serious breach of workplace discipline can also lead to termination. Other specific circumstances like the employee losing security clearance necessary for the job can also be grounds for dismissal.

Notice Requirements

For a standard termination notice, it must be in writing and delivered to the other party. Minimum notice periods exist based on the length of an employee's tenure. It's at least 1 month in general, at least 2 months if employed for 1 year to 5 years, and at least 3 months if employed for at least 5 years. Immediate termination or dismissal is permitted only in cases of an employee being sentenced for an intentional criminal offense or an especially serious breach of labor discipline. The employer must notify the employee in writing within 2 months of becoming aware of the reason and within 1 year of the reason occurring.

Severance Pay

In cases of dismissal due to organizational reasons or medical incapacity, Slovakia mandates severance pay. The amount of pay is determined as follows: at least one month's average wage if employed for less than 2 years, at least two months' average wage if employed for 2 to 5 years, and at least three months' average wage if employed for 5 to 20 years.

Important Notes

Employment contracts may provide for longer notice periods or more generous severance packages than those legally required. Special protections may apply to certain categories of employees, such as pregnant women, employees on parental leave, or trade union representatives.

Discrimination

In Slovakia, the Anti-Discrimination Act (Act No. 365/2004 Coll.) is the main legislation that governs anti-discrimination. This law, in conjunction with the Slovak Labour Code, offers strong protection against discrimination in various areas, including employment.

Protected Characteristics

Discrimination is prohibited in Slovakia on the following grounds:

  • Sex, including gender identity and sexual orientation
  • Religion or belief
  • Race or ethnicity
  • Nationality
  • Disability
  • Age
  • Marital and family status
  • Skin colour
  • Language
  • Political or other opinions
  • National or social origin
  • Property
  • Lineage
  • Other status
  • Reporting criminality or other anti-social activities

Redress Mechanisms

Several options are available for individuals who experience discrimination to seek redress:

  • Slovak National Centre for Human Rights: This independent body has the power to investigate discrimination complaints and provide legal assistance to victims.
  • Labour Inspectorate: Employees can file complaints alleging workplace discrimination with the Labour Inspectorate.
  • Courts: Victims of discrimination can also file lawsuits in civil courts to seek compensation or other remedies.

Employer Responsibilities

Employers in Slovakia are legally obligated to prevent discrimination and harassment in the workplace. This includes:

  • Non-discrimination policies: Employers must develop and implement clear policies prohibiting discrimination and harassment.
  • Training: Employers should provide regular training to employees on anti-discrimination laws and workplace conduct.
  • Complaint procedures: Employers must establish effective internal procedures for handling discrimination complaints.
  • Taking action: Employers have a duty to investigate discrimination complaints promptly and take appropriate corrective action if discrimination is found.

Working conditions

In Slovakia, the Labour Code outlines regulations that uphold a standard of worker well-being. These regulations cover aspects such as working hours, rest periods, and ergonomic requirements.

Working Hours

The typical workweek in Slovakia comprises 40 hours, with a daily maximum of 8 hours and a monthly maximum of 150 hours. Extending beyond these standard hours is possible with the consent of the employee. However, the maximum permitted overtime is 48 hours per week and 250 hours annually.

Rest Periods

Employees in Slovakia are entitled to rest breaks during the workday. The duration and frequency of these breaks depend on the total working hours. For a workday exceeding 6 hours, a minimum 30-minute break is mandated. Slovakian labor law also guarantees at least two consecutive days of rest each week, typically including Sundays.

Ergonomic Requirements

The Slovakian Labour Code emphasizes workplace safety and health. Employers are generally obligated to evaluate potential hazards within the workplace and implement preventative measures to minimize risks. They also have a responsibility to furnish employees with suitable work tools and equipment that comply with ergonomic principles. In some cases, employers may be required to provide training on safe work practices and proper posture to minimize the risk of work-related injuries.

Health and safety

Slovakia has a strong emphasis on employee well-being, with a comprehensive framework for health and safety (OSH) at work.

Employer Obligations

Under Slovakian law, employers bear a significant responsibility to ensure a safe and healthy work environment. This is dictated by the Act No. 124/2006 Coll., the Act on Safety and Health at Work. Key employer duties include:

  • Risk Assessment and Prevention: Employers are required to identify hazards, assess potential risks, and implement a risk assessment report. This ensures workplaces are designed and equipped to minimize threats to employee health and safety.
  • Providing a Safe Work Environment: Employers are responsible for maintaining a safe work environment. This includes ensuring the safety of workplaces, machinery, materials, and work processes. Regular maintenance and repairs are also part of this responsibility.
  • Personal Protective Equipment (PPE): When necessary, employers must provide free, effective PPE. This includes work clothing and footwear in environments with excessive wear and tear or pollution.
  • Information and Training: Employers must keep employees informed about accidents, occupational diseases, and other work-related injuries. They must also ensure employees receive proper training to operate machinery safely and adhere to work safety procedures.

Employee Rights

Employees have rights that enable them to actively participate in maintaining a safe work environment. These include:

  • Right to a Safe Workplace: Employees have the right to work in a safe and healthy environment free from unreasonable risks.
  • Reporting Obligations: Employees must report work accidents, occupational diseases, and dangerous situations (near misses) to their employers promptly.
  • Access to Information: Employees have the right to access information on accidents, occupational diseases, and preventive measures implemented by the employer.

Enforcement Agencies

The Slovakian government enforces OSH regulations through a network of agencies. These include:

  • National Labour Inspectorate (NLI): The NLI is the main body responsible for workplace safety inspections. They have the authority to issue fines and enforce corrective actions in cases of non-compliance.
  • Regional Public Health Authorities: These authorities work with the NLI to ensure the health aspects of workplace safety are upheld. They may conduct inspections focusing on occupational health hazards and hygiene standards.
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