ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Site map | Contact us français | español
> GOVERNANCE - home > Employment protection legislation database - EPLex > Slovakia

Slovakia - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Slovakia - 2012    

+ show references

Obligation to provide reasons to the employee: Yes
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".


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
NOTE: This information has changed since the previous period covered.
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 [new in Sept. 2011: previously "increasing"] 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 [new in Sept. 2011: previously "six 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.
    [New as of Sept. 2011 introduction of 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)


Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; language; property; state of health; fulfilling state duties; genetic information; ethnic origin
NOTE: This information has changed since the previous period covered.
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 (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.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; confirmed injured workers; workers with disabilities; workers performing military/alternative service; workers on temporary leave following an occupational disease or a work injury; workers holding an elected position or discharging a public function
NOTE: This information has changed since the previous period covered.
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.

    New in Sept. 2011: The LC, as modified by Act No. 257/2011 now grants a special 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, as amended by Act 257/2011 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 [reduced by Act 257/2011 - previously 1 year], 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 [See below under severance pay - the rules have been substantially modified by Act 257/2011]:
    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, as amended by Act 257/2011.).
    * 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, as amended by Act 257/2011, 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.