斯洛伐克 雇佣指南

Employment contracts in Slovakia can be concluded for a definite (fixed-term) or indefinite period.

Fixed-term contracts can be signed for two years. A fixed-term contract must state the duration (start and end date) and without these the contract will be deemed to be for an indefinite term.

Extending a fixed-term contract is permissible up to two times, within a maximum two year period for specific cases such as substitution for employee during statutory leaves (e.g. maternity leave, parental leave and temporary incapacity to work), work that requires an increase in the workforce for a temporary period of time or work that is dependent on the season.

Temporary assignment of an employee between entities, when they meet the definition of a parent company and its subsidiary, is possible when it is done in accordance with the Commercial Code. This applies even without the existence of objective operational reasons on the side of the assigning employer.

Background checks are permitted only if they are required for the position (e.g. criminal record checks are acceptable for certain job roles such as public service). A medical examination is required for physically demanding job roles. Education checks are permitted with a candidate’s consent. If an employer has reasonable doubts regarding a candidate’s ability to perform the responsibilities of a role, the employer may request for the candidate to undergo a medical exam. The employee must oblige.

Employers may request references, proof of previous employment and education checks.

The probationary period is agreed upon, in writing, in the employment contract and can be for a maximum of three months (or six months for senior employees). The probationary period cannot be extended.

For fixed-term contracts, the probation period may not be longer than half the duration of the fixed-term.

The employment relationship can be terminated by either party without cause during the probation period. However, if the termination relates to a pregnant employee, a mother who has a child under nine months old or a mother who is breastfeeding, the termination reason must be given and notice of at least three days should be provided.

The total time spent working in any 24-hour period must not exceed eight hours and total working time should not exceed 40 hours per week. The average weekly working time, including overtime work, must not exceed 48 hours.

Employees must have an uninterrupted rest time of two consecutive days every week.

Overtime work must not exceed on average 8 hours per week within a period of not more than 4 consecutive months unless the employer agrees with the employee representatives on a longer period, which must not exceed 12 consecutive months. The maximum overtime work that an employee may be ordered to carry out within one calendar year is 150 hours. However, up to 400 hours of overtime in a calendar year is allowed if the employer has received a prior agreement from the employee.

When an employee works more than 40 hours in a week, they are eligible for overtime pay. This compensation is typically 125% of their regular hourly wage.

According to labor laws, wage allowance for work on Saturdays must be at least 50% of the minimum hourly wage. For work on Sundays, it must be at least 100% of the minimum hourly wage.

Employers are required to provide employees with adequate training in health and safety regulations. This training should be conducted before an employee is permitted to start working, and should be repeated periodically throughout their employment. By doing so, employers can ensure that their workers have the necessary qualifications and skills to work safely and avoid any workplace accidents or injuries. This includes providing employees with sufficient knowledge of the regulations and rules of health and safety at work.

There are two types of health and safety training that should be provided:

• Initial training – arranged on the first day of work
• Periodic training – repeated every 24 months.

The employer should keep an employee’s documents only for as long as necessary. The generally accepted time period for archiving an employee file is until the employee reaches 70 years old.

The 13th and 14th month bonuses are not mandatory in Slovakia and are paid at the discretion of the employer. Such bonuses are exempt from taxes and social insurance contributions if they are not less than the employee’s average monthly earnings. The maximum amount of the exemption is EUR 500.

The employment relationship can be terminated in writing by both parties:

• By mutual agreement
• Immediate termination can only be used in exceptional circumstances as defined in the Labor Code (the employer must terminate the employment within two months from becoming aware of the circumstances leading to immediate termination and the latest within one year)
• During the probation period
• Termination with notice

The employment relationship is also terminated for fixed-term contracts at the end date and at the expiration of residence permit in the case of foreign citizens. Expiration is defined by either the end date or the permit being revoked.

The following situations protect an employee from termination. The employee is:

• incapable of work due to illness or injury
• carrying out duties during a crisis situation
• pregnant or maternity leave
• performing voluntary military training/service
• pursuing public office

Termination initiated by the employer (with notice or immediate) must be pre-negotiated with employee representatives. The termination will be deemed invalid without such negotiation.. Employee representatives are required to negotiate termination with notice within seven working days from the employer’s written request and within two working days for immediate termination.

Notice period depends on the length of employment and the reason for termination.

• Statutory minimum: one month
• Length of service of one to five years: two months
• Length of service more than five years: three months

For termination due to redundancy or inadequate abilities of the employee, the required severance varies from one to three months of pay. This will depend on the duration of employment:

• Two to five years: one month
• Five to 10 years: two months
• 10 to 20 years: three months
• More than 20 years: four months

For termination by mutual agreement, severance varies:

• At least two years: one month
• Two to five years: two months
• Five to 10 years: three months
• 10-20 years: four months
• More than 20 years: five months

The employer must provide the employee with a written notice of dismissal. A payment in lieu of giving notice is not allowed.

Section 83a of the Labor Code regulates post-termination covenants. The employer and the employee can agree on a non-compete clause only if the employee has access to confidential information of the employer’s business that is not normally available and which, if used, would be to the business’s disadvantage or detriment. A non-compete clause may be imposed for up to one year, restricting the employee from being engaged in activity that is in direct competition with the employer’s business. The employer has to provide appropriate financial compensation, equivalent to at least 50% of the employee’s average monthly earnings per month during the period of the non-compete.

Remuneration is paid in arrears by the 15th day of the following month.

Payslips must be provided two days at the latest following the pay date, either in hard copy or electronically.

Employees are entitled to at least four weeks’ vacation a year. The holiday entitlement is at least five weeks for an employee who reaches the age of 33 years before the end of a given calendar year. For employees with an employment agreement of less than a calendar year but more than 60 calendar days, the annual leave should be proportionate to the time worked for the year.

The Labor Code allows negotiation of additional paid holidays in an employment contract or through a CBA.

If an employee is unable to use the entire holiday entitlement due to work reasons, he or she is entitled to carry over the vacation days to the next year. If the carried over days still cannot be taken, the employee is entitled to compensation.

Companies with 50 or more employees are required to provide a holiday allowance. The mandatory amount is 55% of the eligible costs up to a maximum of EUR 275 per calendar year. This allowance can be given in the form of cash or holiday voucher.

Statutory sick leave and pay provisions allow for up to 10 days of employer-paid sick leave:

• Zero to three days: paid at 25% of the daily assessment base
• Four to 10 days: paid at 55% of the daily assessment base
• From the 11th day until the 52nd week of sickness, sick allowance is paid by the social insurance authorities at 55% of the daily assessment base.

Doctors shall issue medical certificates in electronic form via the national health information system. The electronic certificate will then be sent to the employer automatically.

An employee may take a leave of absence for mandatory medical examinations, for the death of a family member or for performing trade union related duties. The leave of absence is paid only for reasons stipulated by the law.

For mandatory medical examinations, the maximum paid leave of absence is seven days per year but only if the examination or treatment cannot be done during non-working hours.

Employees are entitled to two days’ paid leave following the death of an immediate family member.

Maternity Leave

An employee is entitled to paid maternity leave of 34 weeks. This is enhanced to 37 weeks if the employee is a single parent or 43 weeks if an employee gives birth to or takes care of two or more children at the same time. During this time, 75% of the worker’s salary during the leave is paid for by the government.

Maternity leave usually begins around six weeks before the expected date of birth but no earlier than eight weeks prior to the childbirth. It must not be shorter than 14 weeks after the birth.

Paternity Leave

New fathers are entitled to 28 weeks of paid leave from the date of birth of the child. For single fathers, the entitlement is 31 weeks and in the case of two or more newborns, the entitlement is 37 weeks. It is mandatory for the employer to grant fathers a leave of absence of 14 consecutive calendar days, no later than six weeks after the birth of the child.

Parental Leave

An employee is entitled to maternity or parental leave until the time the child reaches age 3 (or age 6 if the child has a long-term health condition).

Child care leave

Employees who are taking care of a child are entitled to additional leave. The number of days entitled starts from the date they permanently take care of the child and date of written announcement to the employer.

Adoption Leave

Adoptive and foster parents are entitled to 28 weeks of maternity leave. This is enhanced to 31 weeks for single parents and 37 weeks for parents taking care of at least two children.

There are 15 public holidays in Slovakia.