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Notice periods in Slovakia
Termination of employment in Slovakia
Post-termination restraints in Slovakia
Waivers in Slovakia
Transfer of undertakings in Slovakia
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End of employment in Slovakia
All employment relationships come to an end — and there are specific rules and regulations that apply when that happens. For example, in Slovakia, employers may only terminate employment contracts in certain circumstances, which are defined by Slovak labour law. In some even narrower circumstances, it’s possible to terminate employment without notice.
In this section, we’ll take you through notice periods for employers and employees in Slovakia, as well as the formalities involved in dismissing an employee. We’ll discuss the post-termination restrictions you may be able to impose on your employees (and the limitations that apply to these). Lastly, we’ll discuss the rules governing what happens to employees in the case of a transfer of undertaking.
Notice periods in Slovakia
Employers and employees in Slovakia must give notice to the other party if they want to end their employment relationship. Here’s what you need to know as an employer.
Notice periods in Slovakia for employers
Notice periods for employees in Slovakia depend on how long the employee has been engaged. The statutory minimum notice period for all workers is one month. This is increased to:
- Two months for workers with 1–5 years of service.
- Three months for workers with more than 5 years of service.
Notice periods in Slovakia for employees
If the employee gives notice, the statutory notice period in Slovakia is one month if the employment has lasted less than one year, and two months if it has lasted more than one year.
Giving and receiving notice in Slovakia
In Slovakia, the notice period starts on the first day of the calendar month following receipt of notice. For example, if an employer gives one month’s notice to an employee on 15 April, the notice period will begin on 1 May. The employee’s last day of employment would be 31 May. Slovak labour law doesn’t allow for payment in lieu of notice.
Severance pay in Slovakia
Employees in Slovakia may be entitled to severance pay if they have been terminated due to one of the following reasons:
- The company is being dissolved or relocating.
- The employee is being made redundant.
- The employee is unable to perform the job for health reasons.
The amount of severance pay an employee is entitled to depends on their length of service and the type of termination. The minimum severance pay for an employee terminated with notice is four times the employee’s average monthly salary.
Probationary periods in Slovakia
Probationary periods are permissible and common in Slovakia. Since the whole point of a probationary period is to test out an employee’s suitability for a role, it is not necessary to give notice to terminate employment during the probationary period. However, the employer must give the employee a written notification (not a formal notice) at least three days before the intended termination date.
Termination of employment in Slovakia
There are specific rules that apply to the termination of an employment relationship in Slovakia. Employers considering hiring Slovak employees should ensure they understand their rights and obligations. Read on to learn what you need to know.
Reasons for termination in Slovakia
Employers must have a valid reason, as defined by Slovak labour laws, to dismiss an employee in Slovakia. These include:
- The closure or relocation of the business (when the employee doesn’t want to relocate).
- The employee being made redundant.
- An inability to perform work due to health reasons on the part of the employee.
- Failure of the employee to properly carry out their duties or meet requirements.
- Unsatisfactory performance or disciplinary breaches.
Termination without notice in Slovakia
Under some circumstances, it’s possible to dismiss an employee in Slovakia with immediate effect (without notice). This is only possible in exceptional circumstances, such as when an employee has been sentenced for committing a crime or has committed a serious breach of work discipline. This is known as a summary dismissal.
In these cases, the employer must dismiss the employee within two months of learning about the breach or reason for dismissal. The termination must also take place no more than one year after the breach took place. A notice of termination must be delivered to the employee in writing and must include the reasons for dismissal without notice.
Special protections from dismissal in Slovakia
Employees who are members of the works council can only be dismissed with the prior agreement of the respective employee representatives. Employee representatives themselves are protected from dismissal during their term of office and for six months afterwards. Approval of the state authorities is needed to dismiss a disabled employee.
There are also certain employees who may not be terminated without notice, including:
- Pregnant women.
- Employees on maternity or paternity leave.
- Employees who are solely responsible for a child of less than three years old.
- Employees taking care of a person who is severely disabled.
If there is a reason for immediate termination, employees in all of these categories apart from those on maternity and paternity leave may instead be dismissed with notice.
Post-termination restraints in Slovakia
Post-termination restraints are restrictions that an employer can impose on an employee after their employment contract is over. There are specific limitations that apply to post-termination restraints in Slovakia.
Types of post-termination restraints in Slovakia
Here are the main types of post-termination restraints it may be possible to impose on employees in Slovakia:
- Non-compete clauses: These prohibit employees from working for or establishing a business that competes with their former employer, for a set time period after the end of their employment contract.
- Customer non-solicit agreements: These prohibit employees from poaching customers from their former employer, usually for a set time after the termination of their contract.
- Employee non-solicit agreements: Similarly, these prohibit employees from poaching employees from their former employer.
Limitations on post-termination restraints in Slovakia
Non-compete clauses in Slovakia are only permitted where an employee’s position means they may acquire information that is not normally available, and which could cause substantial harm to the employer.
They are valid for a maximum of one year after the termination of the employee’s contract, and employees must be compensated at a rate of at least 50% of their average monthly earnings for each month the agreement applies. The parties can agree on an amount to be paid by the employee in the event of a breach.
Neither customer non-solicit agreements nor employee non-solicit agreements are regulated by the Slovak Labour Code, which means their enforceability is questionable. If agreed, they typically only serve as a deterrent and may not be legally binding. The Slovak Labour Code does not permit sanctioning the soliciting of customers or employees, for example by a contractual penalty.
Waivers in Slovakia
In some countries, it’s possible for employees to waive certain rights, usually as part of a settlement agreement in exchange for a sum of money. While this is possible in Slovakia, it is not possible to waive rights that exist prior to the existence of the waiver.
Transfer of undertakings in Slovakia
A transfer of undertaking is when one business entity is wholly or partially acquired by another. In these circumstances, there are specific rules concerning what happens to the employees of the transferred entity.
What counts as a transfer of undertakings in Slovakia?
Under Slovak labour law, legislation related to transfers of undertakings applies when there is a transfer of:
- An economic unit which retains its identity.
- An employer’s task of activity or part thereof.
This definition reflects case law of the European Court of Justice.
Protections for employees after a transfer of undertakings in Slovakia
When a transfer of undertaking occurs in Slovakia, the employees of the transferred entity are transferred to the new employer. The transferee assumes all rights and obligations relating to employment contracts between the transferred entity and the employees. Pension rights and other accrued benefits are also transferred, and any collective bargaining agreement that applies will continue to do so for their entire duration.
Can employees object to a transfer of undertaking in Slovakia?
Employees in Slovakia are not entitled to object to a transfer of undertaking, as long as both the transferer and the transferee have met their obligations. The employee may choose to resign if they do not wish to work for the new employee.
However, if the transfer causes unavoidable changes to the working environment that employees do not agree to, their employment must be terminated. In this case, employees are entitled to severance pay equal to two or three months’ salary depending on their length of employment.
Avoid risk and missed opportunities with our end-to-end employment solutions
There are many different ways an employment contract can come to an end. But whatever the situation, you need to understand the rules that cover the end of employment in Slovakia — or you could end up facing legal issues.
Our solutions ensure your business is protected from risk when a relationship with a worker comes to an end — whatever the reason. We can also help you to avoid missed opportunities by re-deploying talent where possible.
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