frequently asked questions

Every employee may encounter an issue at the workplace. It is therefore important that every employee has thoroughly studied their employment contract. This is the alpha and omega of every employment relationship. You will know the basic attributes such as job title, salary amount, pay date, and job description.

It is also good to be familiar with the employer's internal documents, such as internal regulations and guidelines for various aspects of working life.

If the information from the mentioned documents is insufficient, you have the option to contact the trade union representatives in your company (if you are a union member, this gives you considerable advantages… you are not alone).

If you are not a union member, you still have the option to research the problem online (ideally by reading the Labour Code and relevant websites seriously dealing with labour law) or hire the services of a lawyer.

If the employer gave the employee notice and the employee remains on sick leave (PN) during the notice period, and the sick leave lasts longer than the last day of the notice period, the notice period is extended by the duration of the sick leave. If the sick leave ends before the end of the notice period, nothing changes. This is important if the extension would, for example, result in a higher number of years worked, entitling you to higher severance pay.

If an employee has a fixed-term employment contract, the contract ends on that specific day, even if the employee is on sick leave.

This is a very common problem, and such violations of the Labour Code are very popular among employers. It is also very common among foreign employers and does not avoid various "shared services" centres.

Often, it is the employer's negligence and complacency. However, know that the "job description" is an integral part of the employment contract and is therefore "sacred scripture."

Without the employee's consent, the employer can only assign different work than what is in the employment contract if it is for the "aversion of an extraordinary event or the need to mitigate its immediate consequences."

If the new duties are not agreed upon in your employment contract, you do not have to perform such work. The company cannot order you to do so, and refusing such work cannot be considered a failure to fulfil duties. The employer will not be helped by the "magic formula" such as "according to the manager's requirements and instructions."

The alpha and omega in an employment relationship is at least a basic knowledge of the Labour Code. It is good to read it and have an overview of basic rights and obligations, as well as to be able to look up information directly at the source in case of a problem. A link to the Labour Code can be easily found online. One of the current versions is, for example, at this link:

https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2001/311/

If necessary, an English version of the Labour Code also exists, which is unfortunately quite old (2013). But in the worst case, it can be used (or at least the parts that are still valid) as inspiration and a source of vocabulary if you need to explain something to your foreign manager.

Labour Code - English Version (2013)

Probably one of the most pressing topics and at the same time the most unpleasant situation in employment is when (unexpected) termination of employment occurs. The chapter of the Labour Code dealing with this issue is, in my opinion, one of the most important, and one should always be "up to date" and have the current conditions memorized in order to know their rights and the "price of departure." It goes without saying that you should never allow yourself to be manipulated or intimidated into immediately signing any "paper" concerning the termination of the employment relationship (whether by agreement or by notice). Always take the proposal and study it, or consult with someone who understands the issue. For the employer, it is naturally desirable for the employee to leave with the smallest possible "exit package," which is in direct conflict with the employee's interests.

The table below shows at least the basic breakdown of the notice period and severance pay if the notice is given by the employer under the most common conditions. Be inspired by the table even if you were to agree to a "mutual agreement"… it is important to know the "price" of your departure.

If the employer terminated the employment relationship with the employee by notice (according to paragraph 63, section 1 of the Labour Code) for the reasons:

  • A, the employer or part of the employer is being dissolved or relocated, and the employee does not agree to the change of the agreed place of work
  • B, redundancy of the employee,
  • C, the employee has permanently lost the ability to perform their current work due to their health condition,

The employee is entitled to severance pay, in addition to the relevant notice period, the amount of which depends on the number of years worked for the given employer.

Length of Employment Notice Period Amount of Severance Pay
< 1 year 1 month No entitlement
>= 1 year < 2 years 2 months No entitlement
>= 2 years < 5 years 2 months 1 average monthly salary
>= 5 years < 10 years 3 months 2 average monthly salaries
>=10 years < 20 years 3 months 3 average monthly salaries
>= 20 years 3 months 4 average monthly salaries

From the above, it follows that if you agree to sign a mutual termination agreement (which is very advantageous, especially for the employer if they initiate the termination), ensure that you receive at least the same compensation as you would be entitled to if you received a standard notice of termination. Under normal circumstances, you should receive even more.

The next topic directly follows the previous point – the protection period (ochranná lehota).

After the termination of employment, everyone is entitled to a 7-day protection period (unless the employment relationship lasted less than 7 days, in which case the length of the protection period equals the length of the employment relationship… for example, if the employment relationship lasted 5 days, the protection period will also be 5 days).

The protection period means that a person whose sickness insurance has ceased can still claim a sickness benefit for seven days (or eight months – this applies to a woman whose employment relationship ceases during pregnancy) after its termination. If all conditions for the benefit claim are met, the Social Insurance Agency will grant and pay it.

The protection period may also end sooner if new sickness insurance arises or if the person becomes entitled to the payment of an old-age pension, early old-age pension, or disability pension. This is because the commencement of new insurance terminates the duration of the protection period.

More information about the employer's obligations in the area of OHS can be found at: https://www.podnikajte.sk/zakonne-povinnosti-podnikatela/bozp-povinnosti-zamestnavatela