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Global employment briefing: Slovakia, January 2013

  • Slovakia
  • Employment law - HR E-Brief

25-01-2013

     

January changes to Labour Code

A number of significant changes to Slovak labour law took effect on 1 January 2013 following an amendment to the Labour Code. To a large extent the amendment reverses changes made by the previous government in 2012, meaning the current version of the Labour Code is very similar to that in existence in 2011.


Definition of dependent work

The definition of dependent work has been changed to make it harder for employers to circumvent the Labour Code. Following the amendment, dependent work is defined as salaried work that is carried out by someone who is in a relationship of subordination vis-a-vis the employer, upon the employer's instructions, in its name and in the working hours specified by the employer. The amendment also clarifies that dependent work may be carried out only by way of employment under the Labour Code and not under the terms of some other form of  contractual relationship.


Restrictions on trial periods

Under the new Labour Code, the maximum trial period that can be set by a collective agreement is reduced to six months (from nine months) for managing employees under the direct authority of the statutory body and three months (down from six months) for other employees. Furthermore, it is no longer possible to agree an extension of the trial period, as it was under the previous version of the Labour Code.


Shortening the duration of fixed-term employment

The revised Labour Code limits the maximum duration of a fixed-term contract of employment to two years (in contrast with three years under the previous legislation). Furthermore, under the new regime a fixed-term contract can be extended or renewed no more than twice within a space of two years (it was previously possible to extend or renew fixed-term employment up to three times within three years). As a result, the scope for employers to conclude repeated fixed-term employment agreements has been restricted.


Termination on grounds of winding-up or relocation of the employer

Under the previous version of the Labour Code, an employer could give notice to terminate employment on the grounds of the employer being wound-up or relocating. The amended Labour Code divides this provision into two separate grounds. It remains the case that notice can be given on the basis that the employer is being wound up.  But if the employer is simply relocating, there will only be valid grounds for termination of employment if the employee refuses to change their place of work and the employer is unable to employ the employee in his or her current place of work.


For further information on these topics, please contact:

Helga Madarova
Associate
Tel +421 220 251 311
helga.madarova@eversheds.sk