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Slovakia - Types of employment contracts


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Maximum probationary (trial) period: 3 month(s)

NOTE: This information has changed since the previous period covered.
Remarks:
  • Sec. 45 LC, as amended in 2011:
    (1) A probationary period may be agreed in an employment contract for a maximum of three months, except in the case of an executive employee who reports directly to the statutory body or a member of the statutory body and in the case of an executive employee who reports directly to such an executive employee, where the maximum shall be six months. A probationary period may not be prolonged.
    [New as of Sept. 2011: the probationary period was extended to 6 months for executive employees as opposed to the standard three months under the previous Labour Code (2009 version) and which remains applicable to all other types of employees]

    New as of Sept. 2011 : Sec. 45(5) LL (introduced by Act No. 257/2011) now makes it possible to agree in a collective agreement to a longer probationary period up to 6 months for all categories of workers and up to 9 months for employees with managerial responsibilities.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Sec. 48 LL as amended in 2011.
      New as of Sept. 2011: Act No. 257/2011 modified the rules on fixed-term contract by extending the maximum cumulative duration from 2 to 3 years, as well as the number of renewals within that period from 2 to 3. In addition, it reduces the list of reasons that justify the recourse to FTC beyond the 3-year limit.

      Note: Those limitations do not apply to contracts of employment concluded with temporary agency workers.
  • Valid reasons for FTC use: no limitation
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Sec. 48 LC, as amended by Act 257/2011, in force since 1 Sept. 2011:
      No reasons required for the conclusion or renewals of contracts (max. 3 renewals) within a 3 year-period.
      However valid reasons are required for any further extension to 3 years or beyond the 3-year period. (Sec. 48(4) LC ) These are:
      - substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
      - 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 work agreed in a collective agreement.
      A further extension or renewal of an employment relationship for a fixed term of up to three years or over three years can be also agreed with a teacher in higher education or a creative employee in science, research or development if there are objective reasons relating to the character of the activities of the teacher in higher education or creative employee in science, research or development as stipulated in special regulation. (sec. 48(6) LC, as amended by Act 257/2011)

      New in Sept. 2011: The list of reasons which can justify a further extension or renewal up to three years [previously 2 years] has been modified and reduced by Act 257/2011.
      For example, the possibility to further extend or renew a FTC with respect to an employee for whom it was permitted by law or international treaty has been removed. Similarly, the "performance of care services under special regulation" is not any more considered to be a valid reason for such renewal. Lastly the following valid reasons: "performance of care services under special regulation" and "the performance of work for which an education in the arts is required" have been
      modified and the law now requires "objective reasons relating to the character of the activities of the teacher in higher education or creative employee in science, research or development as stipulated in special regulation".
  • Maximum number of successive FTCs: 4
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • New in September 2011: Sec. 48(2) LL, as amended by Act 257/2011 of July 2011 (in force since 1 September 2011): "A fixed term employment relationship may be agreed for at most three years [instead of 2 years under the 2009 LC]. A fixed term employment relationship may be extended or renewed at most three times within a three year period [instead of twice under the 2009 LC]."

      However, a further extension or renewal (thus 5 FTCs in total) within the 3 year period or beyond is possible only for the following reasons:
      "a) substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
      b) the performance of work in which it is necessary to increase employee numbers significantly for a temporary period not exceeding eight months of the calendar year,
      c) the performance of work that is linked to the seasonal cycle, which repeats every year and does not exceed eight months in the calendar year (seasonal work),
      d) the performance of work agreed in a collective agreement."


      (Note on the legislative evolution :
      - 2011 (Act 257/2011 of 13 July 2011, in force since 1 September 2011): maximum duration of 3 years and maximum 3 renewals within a three-year period (max. 4 FTCs. Further renewal beyond the 3-year period possible in limited situations (see above under valid reasons):
      - 2010 (Act. No 574/2009, in force since 1st March 2010) : maximum duration of 2 years and maximum 2 renewals within a three-year period. (max. 3 FTCs) Further renewal beyond the 2-year period possible in limited situations (see above)
      - 2007 and prior to March 2010: maximum duration of 3 years and maximum 1 renewals within a three-year period (max. 2 FTCs). Further renewal beyond the 2-year period possible in limited situations)
  • Maximum cumulative duration of successive FTCs: 3 year(s)
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • New as of September 2011: Sec. 48(2) LL, as amended by Act 257/2011 of July 2011 (in force since 1 September 2011): General rule: max. 3 years [instead of 2 years under the 2009 LC].
      However, a further extension or renewal within the 3 year period or beyond the 3-year period (without any statutory limitation) is possible only for the following reasons:
      "a) substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
      b) the performance of work in which it is necessary to increase employee numbers significantly for a temporary period not exceeding eight months of the calendar year,
      c) the performance of work that is linked to the seasonal cycle, which repeats every year and does not exceed eight months in the calendar year (seasonal work),
      d) the performance of work agreed in a collective agreement."


      (Note on the legislative evolution :
      - 2011 (Act 257/2011 of 13 July 2011, in force since 1 September 2011): maximum duration of 3 years and maximum 3 renewals within a three-year period. Further renewal beyond the 3-year period possible in limited situations (see above under valid reasons):
      - 2010 (Act. No 574/2009, in force since 1st March 2010) : maximum duration of 2 years and maximum 2 renewals within a three-year period. (max. 3 FTCs) Further renewal beyond the 2-year period possible in limited situations (see above)
      - 2007 and prior to March 2010: maximum duration of 3 years and maximum 1 renewals within a three-year period (max. 2 FTCs). Further renewal beyond the 3-year period possible in limited situations).
  • % of workforce under FTC: 7 %
    Remarks:
    • Source: Eurostat, as of second trimester 2012.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      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."
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Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Sec. 45 LC.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Sec. 48 LC.
  • Valid reasons for FTC use: no limitation
    Remarks:
    • 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.
  • Maximum number of successive FTCs: 3
    Remarks:
    • 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)
  • Maximum cumulative duration of successive FTCs: 2 year(s)
    Remarks:
    • 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.
  • % of workforce under FTC: 5.9 %
    Remarks:
    • 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."
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Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Sec. 45 LC.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Sec. 48 LC.
  • Valid reasons for FTC use: no limitation
    Remarks:
    • 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.
  • Maximum number of successive FTCs: 3
    Remarks:
    • 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)
  • Maximum cumulative duration of successive FTCs: 2 year(s)
    Remarks:
    • 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.
  • % of workforce under FTC: 4.4 %
    Remarks:
    • Source: Eurostat, as of first trimester 2010.
      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."