Changes to Employment Contract, Mandatory Information Provided to Employees

The mandatory elements of the employment contract have changed. In particular, it is no longer required to include in the employment contract other working conditions such as paydays, working time, vacation entitlement and length of the notice period. Such information can now be provided to the employee by the employer unilaterally in written form, which increases the flexibility.

The employer is newly obliged to provide to the employees certain information on working conditions and conditions of employment in written form after the start of the employment. Information on, in particular, working time and its distribution, breaks and rest periods and payday/s must be provided within seven days from the start of employment, whereas information on, in particular, vacation and notice periods within four weeks from the start of the employment. It is possible to provide a reference to relevant provisions of the Labour Code or of a Collective Bargaining Agreement, if applicable. The employee must also be notified of any changes to those conditions at the latest on the day when the change becomes effective.

The information that should be provided in written form may be provided electronically, provided that the employee has access to the electronic form of information, can save it and print it, and the employer store a proof that it was sent or delivered.

The amendment to the Labour Code also specifies in detail mandatory elements of the employment contract and details on the information obligation of the employer in case the employee perform work outside of the territory of Slovakia.

Employee's Request to Change Status to Full Time / Indefinite Term Employee

In case an employee working part time, whose employment lasts at least six months and the probation period (if agreed) has lapsed, requests the employer to change their status to full time employee, the employer must provide a written response with justification within one month (or three months if the employer employs less than 50 employees). The same applies in case an employee employed for a fixed period of time, whose employment lasts at least six months and the probation period (if agreed) has lapsed, requests for a change of status to indefinite term. The employer is, however, not obliged to accommodate the employee's request.

Minimum Predictability of Work

When entering into an agreement on performance work, agreement on internship work of students, or an agreement on working activity, the employer must provide to the employee written information on (i) the days and periods of time during which the employee may be required to work, and (ii) the period within which the employee is to be informed of the performance of the work prior to its commencement, which shall not be less than 24 hours.

The employee is not obliged to perform work if the employer requires performance of work contrary to the provided written information. Furthermore, if the employer cancels the performance of work in a period which is shorter than the period notified to the employee, the employee is entitled to a reimbursement of the remuneration he/she would have earned if the work had been carried out, in an amount not less than 30 % of the remuneration.

Working Time Adjustment  

The employer must newly provide a written justification in case the employer refuses a shorter working time or another working time adjustment to a pregnant employee or an employee permanently caring for a child under 15 years of age. The employer is also obliged to allow such employees, in justified cases, an earlier return to the original working time setup.

Request for Work from Home

Where an employee permanently caring for a child under eight years of age requests work from home for the purposes of childcare, the employer must consider the request, taking into account the employer's tasks and the legitimate interests of the employee. If the employer does not allow such employee to work from home within a reasonable period of time, the employer must provide a justified written response.

Delivery by Post 

In case the employer delivers documents to the employee by registered post, the employee newly must be provided with a period of at least 10 days to collect the postage at the post office. This change increases the certainty regarding the delivery of documents by post.

Reversed Burden of Proof Regarding Termination Reason 

If, during an employment dispute, an employee notifies the court of facts from which it may reasonably be inferred that reason for termination of the employment was the employee's assertion of their rights and legally protected interests arising out of the employment relationship, the employer must prove that the termination of the employment relationship was due to other reasons.

Prolongation of Period to Challenge Validity of Termination

The standard period during which the employee may challenge the validity of termination is two months following the day on which the employment was supposed to terminate. In case the notice period of the employee was prolonged due to a sickness of the employee, the period for challenging the validity of termination is newly extended to two months following the end of such extended notice period, however no longer than six months following the day on which the employment was originally supposed to terminate (not taking into account the prolongation of the notice period).

Salary Deductions for Catering Allowance

The employer will be newly allowed to automatically deduct from the employee's salary unaccounted advances on the employer's catering allowance. This may reduce the administrative burden on employers, as it will no longer be necessary to enter into an agreement on salary deductions for that purpose.

Implementation of Paternity Leave

The "parental leave" for the father of the child was transformed to a paternity leave. It will still be unpaid leave under the Labour Code, but it will be compensated by maternity benefits from the Slovak Social Insurance Authority. 

The amendment to the Labour Code also increased the protection of an employee taking or planning paternity leave against unilateral termination of employment by the employer.

Information on Trade Union and its Operations

A trade union which is active in the employer has the right to approach the employee in a reasonable manner for the purpose of offering membership, and to inform the employees of its activities. The method of approaching the employees and providing information on the activities of the trade union shall be agreed between the trade union and the employer. The Labour Code sets forth detailed rules in case no agreement is reached.

 

We will continue to keep you updated on any major development that may impact your business. In the meantime, do not hesitate to contact us if you have any questions or comments.

1.  Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU

2. Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union