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Slovakia - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Slovakia - 2012    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • See sec. 79 (1) and (2) LC.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
For claims arising from an invalid termination", the law distinguishes between 2 situations depending on wether or not the employee has notified the employer that she or she insists on continuation of the employment:

1) Termination is invalid and the employee insists on keeping his/her employment: Compensation amounts to the average earnings from the day he/she announced to the employer that he/she insists on keeping employment, to such time for which the employer enables him/her to keep working, or until a court rules on termination of the employment relationship. If the overall time is more than 9 months, the court may award proportionate reduction for the period exceeding 9 months [New as of 1 Sept. 2011: previously 12 months].

2) Termination is invalid and the employee does not insist on keeping his/her job: the employment relationship is deemed to have been terminated by mutual agreement. If " the employment relationship was terminated in an invalid manner immediately or, within the probationary period, on the day when the employment relationship was due to terminate", the an employee is entitled to wage compensation in the amount of average monthly earnings for a two-month notice period".
No such compensation is due "an invalid notice was given, upon expiration of the period of notice".

NOTE: This information has changed since the previous period covered.
Remarks:
  • Sec. 79 (1) and (2) LC. Sec. 79(2) LC was amended by Act No. 257/2011 in force since Sept. 2011.

Reinstatement available: Yes

Remarks:
  • Reinstatement is the rule if the employee insists on continuing the employment relationship unless the courts decides that "it cannot be justly required of the employer to further employ the employee": sec. 79 (1) LC.
    If termination is invalid but the employee does not insist on further continuing the employment relationship, it will be deemed to have been terminated by mutual agreement: sec. 79 (3) LC.

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision found in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Sec. 77 LC.

Existing arbitration: Yes

Remarks:
  • No statutory provision found in the LC.
    However, mediation is foreseen by Act no. 420/2004 since 1 September 2004 as a method for out-of-court resolution of individual labour disputes.

    See secondary sources: http://www.eurofound.europa.eu/eiro/studies/tn0910039s/sk0910039q.htm (Eurofound)
    http://ec.europa.eu/civiljustice/adr/adr_svk_en.htm (European Commission, European Judicial Network)

Length of procedure: 14 month(s)

Remarks:
  • This refers to the average litigation time (in months) for individual labour disputes in Slovakia in 2008 and is therefore not specific to dismissal disputes. Original source: Statistical yearbook of the Slovak Ministry of Justice, reported in: Ludovit Cziria, "Slovakia: Individual disputes at the workplace - alternative disputes resolution", 2010, available on the Eurofound website at: http://www.eurofound.europa.eu/eiro/studies/tn0910039s/sk0910039q.htm