|
|
 |
|
|
Slovakia - Severance pay and redundancy payment
+ show references
- Labour Code [LC], No. 311 of 2001, consolidated version dated 2012, including amendment up to Act No. 512/2011 Coll. of 14 December 2011 - in force since 1st January 2012.
Date: 13 Jul 2011; view website » (view in NATLEX »)
: NOTE: This information has changed since the previous period covered. Remarks: - There is no general right to severance pay except for redundancies. However, the LC foresees specific severance payment in the following cases:
* 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.).
* Termination with notice due to "long term loss of ability to perform the work" for health reasons. New as of 1 Sept. 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 terminated 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 longer due 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 employment is terminated 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.
: NOTE: This information has changed since the previous period covered. Remarks: - See sec. 76(3) LC, as amended by Act 257/2011, in force since 1 Sept. 2011. Prior to the amendments, in the event of economic dismissal employees were entitled to a redundancy payment of at least 2 month's pay, increased to 3 months' pay if the employee has at least 5 years of service.
New as of Sept. 2011: The rules on redundancy entitlements have been substantially modified: when an employee is terminated on economic grounds (namely: winding up or relocation of the employer, redundancy ) he/she is now entitled to either notice or severance pay but no longer both.
If an employee is given notice for the above mentioned reasons, the employee has the right to ask the employer to terminate employment relationship by agreement before the start of the notice period and the employer must comply with this request. In such cases only, the employee must be entitled to a severance allowance equal to not less than his/her average monthly earnings multiplied by the number of months of the notice period (sec. 76(2) LC).Where, on the other hand, there is no agreed termination, the employee is not entitled to any severance pay and the statutory notice periods apply.
Lastly, if upon agreement, the employee continues to work for only a part of the notice period, he/she will be entitled to some severance payment for the time he/she has not worked (sec. 76(3) LC).
- tenure ≥ 6 months: 1 month(s)
- tenure ≥ 9 months: 1 month(s)
- tenure ≥ 1 year: 2 month(s)
- tenure ≥ 2 years: 2 month(s)
- tenure ≥ 4 years: 2 month(s)
- tenure ≥ 5 years: 3 month(s)
- tenure ≥ 10 years: 3 month(s)
- tenure ≥ 20 years: 3 month(s)
Notes / Remarks
The rules on redundancy and severance pay have been substantially modified by Act No. 257/2011, in force since 1 Sept. 2011.
1) Termination with notice for economic reasons (individual of collective):
When an employee is terminated on economic grounds (namely: winding up or relocation of the employer, redundancy) he/she is now entitled to either notice or severance pay but no longer both.
If an employee is given notice for the above mentioned reasons, the employee has the right to ask the employer to terminate employment relationship by agreement before the start of the notice period and the employer must comply with this request. In such cases only, the employee must be entitled to a severance allowance equal to not less than his/her average monthly earnings multiplied by the number of months of the notice period. Where, on the other hand, there is no agreed termination, the employee is not entitled to any severance pay and the statutory notice periods apply.
Lastly, if upon agreement, the employee continues to work for only a part of the notice period, he/she will be entitled to some severance payment for the time he/she has not worked .
2) There is no general statutory right to severance pay following non economic terminations (i.e: termination with notice based on the worker's conduct or capacity.
However, the LC foresees specific severance payment in the following situation:
a) Termination with notice due to "long term loss of ability to perform the work" (health reasons): severance pay = same rules as redundancy pay.
b) 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": severance pay (at least 10 months' pay: sec. 76(3) LC)
+ show references
- Labour Code [LC], No. 311 of 2001, consolidated version dated 2009, including amendment up to Act No. 48/2011 of 8 February 2011 effective as of 1st April 2011
Date: 08 Feb 2011; view website »
: Remarks: - No general statutory severance pay for non-economic dismissals.
However, employee are entitled to severance pay in the following cases:
* Termination of the employment relationship with notice "because a medical opinion states that the employee's health condition has caused the long term loss of his/her ability to perform his/her previous work": severance pay shall amount to at least 2 months' pay. This shall be increased to 3 months' pay for employees with at least 5 years' service (sec. 76(1) LC).
* Termination of "an employee's employment relationship with notice or by agreement because the employee is prohibited from carrying out his/her work as a result of an 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": severance shall amount to at least 10 month's pay (sec. 76(2) LC)
: Remarks: - Sec. 76 (1) LC read together with sec. 63 (1) : If the employer makes an employee redundant on the grounds of "change in duties, technical equipment, reduction in the number of employees with the aim of increasing work efficiency, or on other organisational changes", or "if the employer or part thereof, is wound-up or relocated", the employee shall be entitled to a payment of at least 2 month's pay, increased to 3 months' pay if the employee has at least 5 years of service.
- tenure ≥ 6 months: 2 month(s)
- tenure ≥ 9 months: 2 month(s)
- tenure ≥ 1 year: 2 month(s)
- tenure ≥ 2 years: 2 month(s)
- tenure ≥ 4 years: 2 month(s)
- tenure ≥ 5 years: 3 month(s)
- tenure ≥ 10 years: 3 month(s)
- tenure ≥ 20 years: 3 month(s)
Notes / Remarks
1) Termination with notice for economic reasons (individual of collective): redundancy payment.
2) There is no general statutory right to severance pay following non economic terminations (i.e: termination with notice based on the worker's conduct or capacity.
However, the LC foresees specific severance payment in the following situation:
a) Termination with notice due to "long term loss of ability to perform the work" (health reasons): severance pay = same amount as redundancy pay (2 month's pays for employees with less than 5 years' service and 3 month's pay for employee's with at least 5 years of service: sec. 76(1) LC)
b) 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": severance pay (at least 10 months' pay: sec. 76(3) LC)
+ show references
- Labour Code [LC], No. 311 of 2001, consolidated version dated 2009, including amendment up to Act No. 574/2009 effective as of 1st March 2010.
Date: 2009; view website »
: Remarks: - No general statutory severance pay for non-economic dismissals.
However, employee are entitled to severance pay in the following cases:
* Termination of the employment relationship with notice "because a medical opinion states that the employee's health condition has caused the long term loss of his/her ability to perform his/her previous work": severance pay shall amount to at least 2 months' pay. This shall be increased to 3 months' pay for employees with at least 5 years' service (sec. 76(1) LC).
* Termination of "an employee's employment relationship with notice or by agreement because the employee is prohibited from carrying out his/her work as a result of an 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": severance shall amount to at least 10 month's pay (sec. 76(2) LC)
: Remarks: - Sec. 76 (1) LC read together with sec. 63 (1) : If the employer makes an employee redundant on the grounds of "change in duties, technical equipment, reduction in the number of employees with the aim of increasing work efficiency, or on other organisational changes", or "if the employer or part thereof, is wound-up or relocated", the employee shall be entitled to a payment of at least 2 month's pay, increased to 3 months' pay if the employee has at least 5 years of service.
- tenure ≥ 6 months: 2 month(s)
- tenure ≥ 9 months: 2 month(s)
- tenure ≥ 1 year: 2 month(s)
- tenure ≥ 2 years: 2 month(s)
- tenure ≥ 4 years: 2 month(s)
- tenure ≥ 5 years: 3 month(s)
- tenure ≥ 10 years: 3 month(s)
- tenure ≥ 20 years: 3 month(s)
Notes / Remarks
1) Termination with notice for economic reasons (individual of collective): redundancy payment.
2) There is no general statutory right to severance pay following non economic terminations (i.e: termination with notice based on the worker's conduct or capacity.
However, the LC foresees specific severance payment in the following situation:
a) Termination with notice due to "long term loss of ability to perform the work" (health reasons): severance pay = same amount as redundancy pay (2 month's pays for employees with less than 5 years' service and 3 month's pay for employee's with at least 5 years of service: sec. 76(1) LC)
b) 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": severance pay (at least 10 months' pay: sec. 76(3) LC)
|
|
|
|
|
