SlideShare a Scribd company logo
1 of 13
Download to read offline
Labour Law and Employment
in Slovakia - 2019 Guide
slovakia@accace.com
www.accace.com | www.accace.sk
2 | Labour Law and Employment in Slovakia – 2019 Guide
Contents
Entitlement to work in Slovakia 3
Employment contracts 4
Minimum specifications 4
Obligations 4
Contract duration 4
Probationary Period 4
Termination of employment 5
Cases 5
Notice period 5
Social contributions and income tax 7
Social contributions 7
Income tax 8
Working time and vacation 9
Regular working time 9
Overtime 9
Time off 9
Most common employee benefits 10
Temporary work characteristics 11
Special types of contracts 11
Personnel leasing 11
Overview of applicable legislation 12
ABOUT ACCACE 13
3 | Labour Law and Employment in Slovakia – 2019 Guide
ENTITLEMENT TO WORK
IN SLOVAKIA
Pursuant to the Act on Illegal employment, it is prohibited
for an employer to employ persons without an established
employment relationship. This is applicable for all types of
individuals bellow:
▪ Slovak citizens
▪ citizens of European Union (“EU”) or of contracting
states of the Agreement on the European Economic Area
and Switzerland (“EEA”)
▪ non-EU and non-EEA citizens.
A third-country national has the same right to use employment
services as a citizen of Slovakia, with the following restrictions:
EU citizens
EU citizens are entitled to stay in Slovakia without any conditions or formalities
for three months after the date of entry into the territory of Slovakia.
An EU citizen staying in Slovakia for more than three months is required to apply
for registration of residence in Slovakia, while one of the reasons under which an EU citizen is
authorized to stay in Slovakia is an employment in Slovakia.
NON-EU citizens
Citizens of other countries than the EU or EEA countries are entitled to work in Slovakia if they have a
work permits / temporary residence permits for the purpose of employment.
Throughout 2018 have been introduced several new regulations to make employment of non-EU
citizens more flexible in areas of industry with lack of workforce, in particular in relation to shortening
the time periods for granting of temporary residence permits and reducing of a related administrative
burden.
4 | Labour Law and Employment in Slovakia – 2019 Guide
EMPLOYMENT
CONTRACTS
Minimum specifications
In order to conclude an employment contract, the employer
and the future employee need to agree on the following
minimum specifications that will be included in the contract:
▪ job description
▪ place of work
▪ date on which employment commences
▪ the salary (unless this has been agreed in a collective
bargaining agreement).
Obligations
On taking up the employment, an employer is obliged to acquaint the
employee with work rules, health and safety regulations and collective
agreements, if any.
Pursuant to the Act on Illegal work and illegal employment, it is prohibited for
an employer to employ persons without an established employment relationship.
Contract duration
The employment contracts in Slovakia can be concluded for definite period or indefinite period.
The Labour Code contains certain limitations in respect to the employment contract concluded for
definite period of time. Such contracts can be concluded for a maximum of two years and it is
possible to extend them or conclude them again only twice within these two years. The limited
duration (i.e. definite period of time) of the contract must be agreed in writing in the contract,
otherwise the contract is deemed to be concluded for indefinite period.
Probationary Period
The parties can agree on an initial probationary period of maximum 3 months for general
employees. For certain managerial positions, the initial probationary period may be extended up to 6
months.
5 | Labour Law and Employment in Slovakia – 2019 Guide
TERMINATION OF
EMPLOYMENT
Cases
The employment contracts in Slovakia can be terminated in
writing by both parties as follows:
▪ mutual agreement
▪ immediate termination, while in this case, the employer
must terminate the employment within two months since
becoming aware of the grounds for the immediate
termination, and at least at the latest within one year of the
day on which those ground arose. This method of termination
of employment relationship can be used only in exceptional
circumstances stipulated by the Labour Code
▪ termination in the probationary period by both the employer or
employee who may terminate the employment during probationary
period without providing any reason for termination by a written notice
that should be given and delivered to the other party at least 3 days
before the day of stipulated termination
▪ notice, in this case both employer and employee may terminate an employment contract by a
written notice. The employee may terminate the employment contract for any reason or
without stating any reasons. On the other hand, the employer may terminate the employment
contract only in the situations expressly stipulated in the Labour Code
The employment contract terminates also:
▪ by lapse of time in case of the employment contract concluded for definite period
▪ expiry of residence permit in case of foreign employees, either by virtue of time or
revocation
Notice period
Both employer and employee may terminate an employment contract by a written notice. The
employee may terminate the employment contract for any reason or without stating any reasons. On
the other hand, the employer may terminate the employment contract only in the situations expressly
stipulated in the Labour Code, e.g.:
▪ if the employer’s business or a part thereof is wound-up or relocated and the employee does
not agree with the change of agreed place of work
6 | Labour Law and Employment in Slovakia – 2019 Guide
▪ if the employee is made redundant due to change in the employer´s business scope,
technical equipment, reduction in the number of employees with the aim of increasing work
efficiency, or other organizational changes
▪ if there is an (a) ongoing but less serious breach of working discipline, the employee may be
dismissed, provided he/she has been warned in writing within the previous six months as to
the possibility of dismissal or (b) the employee does not satisfactorily fulfil the work tasks, and
the employer has in the preceding six months challenged her/him in writing to rectify the
insufficiencies, and the employee failed to do so within a reasonable period of time.
The general length of the notice period for a Slovak labour contract is:
▪ the statutory minimum notice period is 1 month (unless longer notice period is stipulated by
the Labour Code)
▪ 2 months, if the employee was employed for at least 1 year but less than 5 years
▪ 3 months, if the employee was employed for at least 5 years
Longer statutory notice period depends on the length of employment, as stated above.
7 | Labour Law and Employment in Slovakia – 2019 Guide
SOCIAL CONTRIBUTIONS
AND INCOME TAX
Social contributions
The employer is obliged to pay monthly contributions to health
insurance, social insurance and advances on the income tax.
The amounts of contributions are presented in the table below.
Payrolls and
Contribution
Employee
rate
Employer
rate
Maximum
monthly
assessment
base
Sickness insurance 1.40% 1.40% EUR 6,678
Pension contribution 4.00% 14.00% EUR 6,678
Disability insurance 3.00% 3.00% EUR 6,678
Unemployment
insurance
1.00% 1.00% EUR 6,678
Guarantee insurance - 0.25% EUR 6,678
Accident insurance - 0.80% unlimited
Reserve fund - 4.75% EUR 6,678
Health insurance 4.00% 10.00% unlimited
TOTAL 13.40% 35.20%
Please note that as of January 1st, 2019 the minimum monthly wage in Slovakia is EUR 520.
8 | Labour Law and Employment in Slovakia – 2019 Guide
Income tax
An individual’s tax liability is derived from the taxable income. Slovak tax residents are liable to
personal income tax on their worldwide income, subject to provisions under applicable double taxation
treaties. The tax year is the calendar year and the income is taxed at a progressive tax rate of 19 %
and 25 %.
The tax rates applicable for income derived in 2019 are:
▪ annual taxable income (except for income from capital and dividend income) up to EUR
36,256.38 is taxed at 19%
▪ annual taxable income (except for income from capital and dividend income) above EUR
36,256.38 is taxed at 25%
9 | Labour Law and Employment in Slovakia – 2019 Guide
WORKING TIME AND
VACATION
Regular working time
The maximum weekly working time is 40 hours, employees
working on the basis of a two-shift system may work up to
38.75 hours per week and employees working on a three-shift
system or who are involved in continuous operation may work up
to 37.5 hours per week. It is also possible to agree on an uneven
distribution of working time with the representatives of the
employees.
Overtime
In general upon agreement with the employer, employees may perform
overtime work. Overtime work may reach up to 400 hours per calendar year.
Of this time, the employer may order the overtime work in the extent of up to
150 hours per calendar year, the remainder of overtime work shall be agreed
with the employee. For the work performed in excess of the standard working
time, the employee is entitled to an allowance, specifics of which are regulated in the
Labour Code.
Time off
Any employee who works for the same employer constantly for at least 60 days in a calendar year is
entitled to annual paid leave on a proportionate basis. The basic annual leave entitlement is at least 4
weeks, rising up to 5 weeks for employees who are 33 years old or older (already in the year in that
the employee reaches the age of 33, regardless of the birth date of the employee).
10 | Labour Law and Employment in Slovakia – 2019 Guide
MOST COMMON
EMPLOYEE BENEFITS
Benefits include cash benefits and non-cash benefits
provided by the employer to the employee.
The cash benefit refers to the financial bonus on top of the
standard wage or salary.
The most common non-cash benefits in Slovakia are:
▪ meal tickets with the remittance of the employer over the
minimum amount according the law
▪ company cars also for private use
▪ company computers or mobile telephones also for private use
▪ extra holiday
▪ contribution to health insurance
▪ premium health care
▪ contribution to old-age pension scheme
▪ reimbursement of sporting and cultural events
▪ flexible working hours or optional home working
.
As of January 2019, the employers with more than 49 employees are obliged to provide their
employees with recreational vouchers that can be used for payment of vacation costs in the Slovak
Republic. The contribution shall amount to 55 per cent of eligible costs, maximum of EUR 275 per
year. It is available based on application made by an employee working for a particular employer for
at least 2 years.
11 | Labour Law and Employment in Slovakia – 2019 Guide
TEMPORARY WORK
CHARACTERISTICS
Special types of contracts
Besides an employment contract, the Labour Code recognizes
three other contract types: (a) Work performance contract, (b)
Work activities contract and (c) Temporary student job contract.
Work performance contract
The work performance contract may be concluded if the
anticipated extent of work (work tasks) for which the agreement is
concluded is not in excess of 350 hours in a calendar year. It can be
concluded for maximum 12 months.
Work activities contract
Under the work activities contract the working period may not exceed 10 hours
per week and the contract can be concluded for maximum 12 months.
Temporary student job contract
The temporary student job contract can be concluded only with a person with the status of student,
who is under the age of 26 years. Work performance may not exceed 20 hours per week and the
contract can be concluded for maximum 12 months.
Personnel leasing
Temporary assignment (personnel leasing) is also one form of employing individuals. This is a flexible
form of employment where employees are temporary assigned to a so-called user employer, while the
employee is in employment relationship with another employer or temporary employment agency.
A temporary employee cannot be assigned to a particular user employer for more than 24 months.
Subject to that 24-month limit, a temporary assignment of a temporary employee to a particular user
employer can be extended or renewed up to four times. A temporary employee is entitled to be paid
at the same rate as the user employer’s core employees. If there is a difference between those pay
rates, the user employer is obliged to pay any shortfall to the temporary employee. The user employer
is not permitted to assign a temporary employee on to another user employer.
12 | Labour Law and Employment in Slovakia – 2019 Guide
OVERVIEW OF
APPLICABLE LEGISLATION
▪ The Labour Code
▪ Act on Illegal Employment
▪ Occupational Safety and Health Protection Act
▪ Act on International Cooperation when Posting
Employees
▪ Act on Travel Allowances
Disclaimer
Please note that our material has been prepared for general guidance on the matter and does
not represent a customized professional advice. Furthermore, because the legislation is
changing continuously, some of the information may have been modified after the material has
been released and Accace does not take any responsibility and is not liable for any potential
risks or damages caused by taking actions based on the information provided herein.
13 | Labour Law and Employment in Slovakia – 2019 Guide
ABOUT ACCACE
With more than 550 professionals and branches in 13 countries, Accace counts as
one of the leading outsourcing and advisory services providers in Central and
Eastern Europe. During the past years, while having more than 2,000 international
companies as customers, Accace set in motion its strategic expansion outside CEE
to become a provider with truly global reach.
Accace offices are located in the Czech Republic, Hungary, Poland, Romania,
Slovakia, Ukraine, Bosnia and Herzegovina, Croatia, Germany, Macedonia,
Montenegro, Serbia and Slovenia. Locations in other European countries and
globally are covered via Accace’s trusted network of partners.
More about us: www.accace.com | www.accace.sk
Subscribe to our newsletter!
CONTACT US!
Karol Ďuriga
Senior Associate, Accace Legal o.z.
+421 2 325 53 000
Karol.Duriga@accace.com
Katarína Matejčíková
Senior Associate, Accace Legal o.z
+421 2 325 53 000
Katarina.Matejcikova@accace.com

More Related Content

What's hot

Report civil service policies
Report civil service policiesReport civil service policies
Report civil service policies
Louie Medinaceli
 
Kingdom of saudi arabia (civil service system)
Kingdom of saudi arabia (civil service system)Kingdom of saudi arabia (civil service system)
Kingdom of saudi arabia (civil service system)
Mary Rose Montano
 
11 Building A Bigger Pension
11 Building A Bigger Pension11 Building A Bigger Pension
11 Building A Bigger Pension
Oliver Taylor
 

What's hot (20)

Asia Counsel Insights New Vietnam Labour Code
Asia Counsel Insights New Vietnam Labour CodeAsia Counsel Insights New Vietnam Labour Code
Asia Counsel Insights New Vietnam Labour Code
 
Labour Law and Employment in Hungary - 2017 Guide
Labour Law and Employment in Hungary - 2017 GuideLabour Law and Employment in Hungary - 2017 Guide
Labour Law and Employment in Hungary - 2017 Guide
 
Report civil service policies
Report civil service policiesReport civil service policies
Report civil service policies
 
salary standardization_2019
 salary standardization_2019 salary standardization_2019
salary standardization_2019
 
2017 Transfer Pricing Overview for Hungary
2017 Transfer Pricing Overview for Hungary2017 Transfer Pricing Overview for Hungary
2017 Transfer Pricing Overview for Hungary
 
Compensation part 2
Compensation part 2Compensation part 2
Compensation part 2
 
Minimum wage, student work, casual work in Hungary 2016
Minimum wage, student work, casual work in Hungary 2016Minimum wage, student work, casual work in Hungary 2016
Minimum wage, student work, casual work in Hungary 2016
 
Salary report
Salary reportSalary report
Salary report
 
Slovakia
SlovakiaSlovakia
Slovakia
 
Government Laws and Regulations of Compensation, Incentives and Benefits
Government Laws and Regulations of Compensation, Incentives and BenefitsGovernment Laws and Regulations of Compensation, Incentives and Benefits
Government Laws and Regulations of Compensation, Incentives and Benefits
 
Employment in the Netherlands - 2015
Employment in the Netherlands - 2015Employment in the Netherlands - 2015
Employment in the Netherlands - 2015
 
Repeal Of The Default Retirement Age
Repeal Of The Default Retirement AgeRepeal Of The Default Retirement Age
Repeal Of The Default Retirement Age
 
Employment in the Netherlands - 2016
Employment in the Netherlands - 2016Employment in the Netherlands - 2016
Employment in the Netherlands - 2016
 
Kingdom of saudi arabia (civil service system)
Kingdom of saudi arabia (civil service system)Kingdom of saudi arabia (civil service system)
Kingdom of saudi arabia (civil service system)
 
Employment law & Employee tax in the Netherlands
Employment law & Employee tax in the Netherlands Employment law & Employee tax in the Netherlands
Employment law & Employee tax in the Netherlands
 
Kingdom of saudi arabia
Kingdom of saudi arabiaKingdom of saudi arabia
Kingdom of saudi arabia
 
THE LABOUR MARKET IN ITALY: WILL REFORMS ALONE CREATE EMPLOYMENT?
THE LABOUR MARKET IN ITALY: WILL REFORMS ALONE CREATE EMPLOYMENT?THE LABOUR MARKET IN ITALY: WILL REFORMS ALONE CREATE EMPLOYMENT?
THE LABOUR MARKET IN ITALY: WILL REFORMS ALONE CREATE EMPLOYMENT?
 
Capitulo 5 legal_guide
Capitulo 5 legal_guideCapitulo 5 legal_guide
Capitulo 5 legal_guide
 
11 Building A Bigger Pension
11 Building A Bigger Pension11 Building A Bigger Pension
11 Building A Bigger Pension
 
Amendment to Bahrain Labour Law
Amendment to Bahrain Labour LawAmendment to Bahrain Labour Law
Amendment to Bahrain Labour Law
 

Similar to Labour Law and Employment in Slovakia – 2019 Guide

Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATTEmployment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
HRMATT
 

Similar to Labour Law and Employment in Slovakia – 2019 Guide (20)

Labour Law and Employment in Poland – 2018 Guide
Labour Law and Employment in Poland – 2018 GuideLabour Law and Employment in Poland – 2018 Guide
Labour Law and Employment in Poland – 2018 Guide
 
Labour Law and Employment in the Czech Republic
Labour Law and Employment in the Czech Republic Labour Law and Employment in the Czech Republic
Labour Law and Employment in the Czech Republic
 
Labour Law and Employment in Ukraine - 2017 Guide
Labour Law and Employment in Ukraine - 2017 GuideLabour Law and Employment in Ukraine - 2017 Guide
Labour Law and Employment in Ukraine - 2017 Guide
 
SLOs
SLOsSLOs
SLOs
 
Labor regime
Labor regimeLabor regime
Labor regime
 
Singapore Employment Act Guide
Singapore Employment Act GuideSingapore Employment Act Guide
Singapore Employment Act Guide
 
VIETNAM - GUIDE FOR THE NEW LABOR LAW 2021 - WHAT YOU MUST KNOW
VIETNAM - GUIDE FOR THE NEW LABOR LAW 2021 - WHAT YOU MUST KNOWVIETNAM - GUIDE FOR THE NEW LABOR LAW 2021 - WHAT YOU MUST KNOW
VIETNAM - GUIDE FOR THE NEW LABOR LAW 2021 - WHAT YOU MUST KNOW
 
All about End of services Gratuity in Oman.pdf
All about End of services Gratuity in Oman.pdfAll about End of services Gratuity in Oman.pdf
All about End of services Gratuity in Oman.pdf
 
Labor law of nigeria
Labor law of nigeriaLabor law of nigeria
Labor law of nigeria
 
Labor law of nigeria
Labor law of nigeriaLabor law of nigeria
Labor law of nigeria
 
Termination of Employment Contracts
Termination of Employment ContractsTermination of Employment Contracts
Termination of Employment Contracts
 
Baker & McKenzie Doing Business in Poland - Chapter 9 (Employment Law)
Baker & McKenzie Doing Business in Poland - Chapter 9 (Employment Law)Baker & McKenzie Doing Business in Poland - Chapter 9 (Employment Law)
Baker & McKenzie Doing Business in Poland - Chapter 9 (Employment Law)
 
Labor regime 2018
Labor regime 2018Labor regime 2018
Labor regime 2018
 
Sri Lankan Labour law related to employe reminaration and pay cuts
Sri Lankan Labour law related to employe reminaration and pay cuts Sri Lankan Labour law related to employe reminaration and pay cuts
Sri Lankan Labour law related to employe reminaration and pay cuts
 
Termination Of Employment
Termination Of EmploymentTermination Of Employment
Termination Of Employment
 
Vietnam _ Labor Laws - Human Resources
Vietnam _  Labor Laws - Human ResourcesVietnam _  Labor Laws - Human Resources
Vietnam _ Labor Laws - Human Resources
 
Legal cauldron 2 of 2013
Legal cauldron 2 of 2013Legal cauldron 2 of 2013
Legal cauldron 2 of 2013
 
Employment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATTEmployment and Legislation Law - HRMATT
Employment and Legislation Law - HRMATT
 
Legal_Guide_2023_Chapter_5-compressed.pdf
Legal_Guide_2023_Chapter_5-compressed.pdfLegal_Guide_2023_Chapter_5-compressed.pdf
Legal_Guide_2023_Chapter_5-compressed.pdf
 
Legal_Guide_2023_Chapter_5-compressed_1.pdf
Legal_Guide_2023_Chapter_5-compressed_1.pdfLegal_Guide_2023_Chapter_5-compressed_1.pdf
Legal_Guide_2023_Chapter_5-compressed_1.pdf
 

Recently uploaded

一比一原版(MSU毕业证书)密苏里州立大学毕业证成绩单原件一模一样
一比一原版(MSU毕业证书)密苏里州立大学毕业证成绩单原件一模一样一比一原版(MSU毕业证书)密苏里州立大学毕业证成绩单原件一模一样
一比一原版(MSU毕业证书)密苏里州立大学毕业证成绩单原件一模一样
mefyqyn
 
一比一原版(TUOS毕业证书)谢菲尔德大学毕业证成绩单原件一模一样
一比一原版(TUOS毕业证书)谢菲尔德大学毕业证成绩单原件一模一样一比一原版(TUOS毕业证书)谢菲尔德大学毕业证成绩单原件一模一样
一比一原版(TUOS毕业证书)谢菲尔德大学毕业证成绩单原件一模一样
mefyqyn
 
一比一原版(ASU毕业证书)亚利桑那州立大学毕业证成绩单原件一模一样
一比一原版(ASU毕业证书)亚利桑那州立大学毕业证成绩单原件一模一样一比一原版(ASU毕业证书)亚利桑那州立大学毕业证成绩单原件一模一样
一比一原版(ASU毕业证书)亚利桑那州立大学毕业证成绩单原件一模一样
mefyqyn
 
一比一原版(Indiana State毕业证书)印第安纳州立大学毕业证成绩单原件一模一样
一比一原版(Indiana State毕业证书)印第安纳州立大学毕业证成绩单原件一模一样一比一原版(Indiana State毕业证书)印第安纳州立大学毕业证成绩单原件一模一样
一比一原版(Indiana State毕业证书)印第安纳州立大学毕业证成绩单原件一模一样
mefyqyn
 

Recently uploaded (20)

Trending Topics in ITC Litigation with Knobbe Martens
Trending Topics in ITC Litigation with Knobbe MartensTrending Topics in ITC Litigation with Knobbe Martens
Trending Topics in ITC Litigation with Knobbe Martens
 
Respondent Moot Memorial including Charges and Argument Advanced.docx
Respondent Moot Memorial including Charges and Argument Advanced.docxRespondent Moot Memorial including Charges and Argument Advanced.docx
Respondent Moot Memorial including Charges and Argument Advanced.docx
 
一比一原版(MSU毕业证书)密苏里州立大学毕业证成绩单原件一模一样
一比一原版(MSU毕业证书)密苏里州立大学毕业证成绩单原件一模一样一比一原版(MSU毕业证书)密苏里州立大学毕业证成绩单原件一模一样
一比一原版(MSU毕业证书)密苏里州立大学毕业证成绩单原件一模一样
 
Law of succession-Notes for students studying law
Law of succession-Notes for students studying lawLaw of succession-Notes for students studying law
Law of succession-Notes for students studying law
 
一比一原版(TUOS毕业证书)谢菲尔德大学毕业证成绩单原件一模一样
一比一原版(TUOS毕业证书)谢菲尔德大学毕业证成绩单原件一模一样一比一原版(TUOS毕业证书)谢菲尔德大学毕业证成绩单原件一模一样
一比一原版(TUOS毕业证书)谢菲尔德大学毕业证成绩单原件一模一样
 
一比一原版(ASU毕业证书)亚利桑那州立大学毕业证成绩单原件一模一样
一比一原版(ASU毕业证书)亚利桑那州立大学毕业证成绩单原件一模一样一比一原版(ASU毕业证书)亚利桑那州立大学毕业证成绩单原件一模一样
一比一原版(ASU毕业证书)亚利桑那州立大学毕业证成绩单原件一模一样
 
Comprehensive Guide on Drafting Directors' Report and its ROC Compliances und...
Comprehensive Guide on Drafting Directors' Report and its ROC Compliances und...Comprehensive Guide on Drafting Directors' Report and its ROC Compliances und...
Comprehensive Guide on Drafting Directors' Report and its ROC Compliances und...
 
(Hamad khadam ) ENGLISH LEGAL 2.0.docx
(Hamad khadam )   ENGLISH LEGAL 2.0.docx(Hamad khadam )   ENGLISH LEGAL 2.0.docx
(Hamad khadam ) ENGLISH LEGAL 2.0.docx
 
一比一原版(Indiana State毕业证书)印第安纳州立大学毕业证成绩单原件一模一样
一比一原版(Indiana State毕业证书)印第安纳州立大学毕业证成绩单原件一模一样一比一原版(Indiana State毕业证书)印第安纳州立大学毕业证成绩单原件一模一样
一比一原版(Indiana State毕业证书)印第安纳州立大学毕业证成绩单原件一模一样
 
TTD - PPT on social stock exchange.pptx Presentation
TTD - PPT on social stock exchange.pptx PresentationTTD - PPT on social stock exchange.pptx Presentation
TTD - PPT on social stock exchange.pptx Presentation
 
File Taxes Online Simple Steps for Efficient Filing.pdf
File Taxes Online Simple Steps for Efficient Filing.pdfFile Taxes Online Simple Steps for Efficient Filing.pdf
File Taxes Online Simple Steps for Efficient Filing.pdf
 
Embed-3-2.pdfkp[k[odk[odk[d[ok[d[pkdkdkl
Embed-3-2.pdfkp[k[odk[odk[d[ok[d[pkdkdklEmbed-3-2.pdfkp[k[odk[odk[d[ok[d[pkdkdkl
Embed-3-2.pdfkp[k[odk[odk[d[ok[d[pkdkdkl
 
Asif_Sultan_Syeda_vs_UT_of_J_K.pdf op[ke[k
Asif_Sultan_Syeda_vs_UT_of_J_K.pdf op[ke[kAsif_Sultan_Syeda_vs_UT_of_J_K.pdf op[ke[k
Asif_Sultan_Syeda_vs_UT_of_J_K.pdf op[ke[k
 
Embed-6 (1).pdfc p;p;kdk[odk[drskpokpopo
Embed-6 (1).pdfc p;p;kdk[odk[drskpokpopoEmbed-6 (1).pdfc p;p;kdk[odk[drskpokpopo
Embed-6 (1).pdfc p;p;kdk[odk[drskpokpopo
 
IRDA role in Insurance sector in India .pptx
IRDA role in Insurance sector in India .pptxIRDA role in Insurance sector in India .pptx
IRDA role in Insurance sector in India .pptx
 
HOW LAW FIRMS CAN SUPPORT MILITARY DIVORCE CASES
HOW LAW FIRMS CAN SUPPORT MILITARY DIVORCE CASESHOW LAW FIRMS CAN SUPPORT MILITARY DIVORCE CASES
HOW LAW FIRMS CAN SUPPORT MILITARY DIVORCE CASES
 
From Scratch to Strong: Introduction to Drafting of Criminal Cases and Applic...
From Scratch to Strong: Introduction to Drafting of Criminal Cases and Applic...From Scratch to Strong: Introduction to Drafting of Criminal Cases and Applic...
From Scratch to Strong: Introduction to Drafting of Criminal Cases and Applic...
 
Dabholkar-matter-Judgement-1.pdfrefp;sdPp;
Dabholkar-matter-Judgement-1.pdfrefp;sdPp;Dabholkar-matter-Judgement-1.pdfrefp;sdPp;
Dabholkar-matter-Judgement-1.pdfrefp;sdPp;
 
posts-harmful-to-secular-structure-of-the-country-539103-1.pdf
posts-harmful-to-secular-structure-of-the-country-539103-1.pdfposts-harmful-to-secular-structure-of-the-country-539103-1.pdf
posts-harmful-to-secular-structure-of-the-country-539103-1.pdf
 
Embed-1-1.pdfohediooieoiehohoiefoloeohefoi
Embed-1-1.pdfohediooieoiehohoiefoloeohefoiEmbed-1-1.pdfohediooieoiehohoiefoloeohefoi
Embed-1-1.pdfohediooieoiehohoiefoloeohefoi
 

Labour Law and Employment in Slovakia – 2019 Guide

  • 1. Labour Law and Employment in Slovakia - 2019 Guide slovakia@accace.com www.accace.com | www.accace.sk
  • 2. 2 | Labour Law and Employment in Slovakia – 2019 Guide Contents Entitlement to work in Slovakia 3 Employment contracts 4 Minimum specifications 4 Obligations 4 Contract duration 4 Probationary Period 4 Termination of employment 5 Cases 5 Notice period 5 Social contributions and income tax 7 Social contributions 7 Income tax 8 Working time and vacation 9 Regular working time 9 Overtime 9 Time off 9 Most common employee benefits 10 Temporary work characteristics 11 Special types of contracts 11 Personnel leasing 11 Overview of applicable legislation 12 ABOUT ACCACE 13
  • 3. 3 | Labour Law and Employment in Slovakia – 2019 Guide ENTITLEMENT TO WORK IN SLOVAKIA Pursuant to the Act on Illegal employment, it is prohibited for an employer to employ persons without an established employment relationship. This is applicable for all types of individuals bellow: ▪ Slovak citizens ▪ citizens of European Union (“EU”) or of contracting states of the Agreement on the European Economic Area and Switzerland (“EEA”) ▪ non-EU and non-EEA citizens. A third-country national has the same right to use employment services as a citizen of Slovakia, with the following restrictions: EU citizens EU citizens are entitled to stay in Slovakia without any conditions or formalities for three months after the date of entry into the territory of Slovakia. An EU citizen staying in Slovakia for more than three months is required to apply for registration of residence in Slovakia, while one of the reasons under which an EU citizen is authorized to stay in Slovakia is an employment in Slovakia. NON-EU citizens Citizens of other countries than the EU or EEA countries are entitled to work in Slovakia if they have a work permits / temporary residence permits for the purpose of employment. Throughout 2018 have been introduced several new regulations to make employment of non-EU citizens more flexible in areas of industry with lack of workforce, in particular in relation to shortening the time periods for granting of temporary residence permits and reducing of a related administrative burden.
  • 4. 4 | Labour Law and Employment in Slovakia – 2019 Guide EMPLOYMENT CONTRACTS Minimum specifications In order to conclude an employment contract, the employer and the future employee need to agree on the following minimum specifications that will be included in the contract: ▪ job description ▪ place of work ▪ date on which employment commences ▪ the salary (unless this has been agreed in a collective bargaining agreement). Obligations On taking up the employment, an employer is obliged to acquaint the employee with work rules, health and safety regulations and collective agreements, if any. Pursuant to the Act on Illegal work and illegal employment, it is prohibited for an employer to employ persons without an established employment relationship. Contract duration The employment contracts in Slovakia can be concluded for definite period or indefinite period. The Labour Code contains certain limitations in respect to the employment contract concluded for definite period of time. Such contracts can be concluded for a maximum of two years and it is possible to extend them or conclude them again only twice within these two years. The limited duration (i.e. definite period of time) of the contract must be agreed in writing in the contract, otherwise the contract is deemed to be concluded for indefinite period. Probationary Period The parties can agree on an initial probationary period of maximum 3 months for general employees. For certain managerial positions, the initial probationary period may be extended up to 6 months.
  • 5. 5 | Labour Law and Employment in Slovakia – 2019 Guide TERMINATION OF EMPLOYMENT Cases The employment contracts in Slovakia can be terminated in writing by both parties as follows: ▪ mutual agreement ▪ immediate termination, while in this case, the employer must terminate the employment within two months since becoming aware of the grounds for the immediate termination, and at least at the latest within one year of the day on which those ground arose. This method of termination of employment relationship can be used only in exceptional circumstances stipulated by the Labour Code ▪ termination in the probationary period by both the employer or employee who may terminate the employment during probationary period without providing any reason for termination by a written notice that should be given and delivered to the other party at least 3 days before the day of stipulated termination ▪ notice, in this case both employer and employee may terminate an employment contract by a written notice. The employee may terminate the employment contract for any reason or without stating any reasons. On the other hand, the employer may terminate the employment contract only in the situations expressly stipulated in the Labour Code The employment contract terminates also: ▪ by lapse of time in case of the employment contract concluded for definite period ▪ expiry of residence permit in case of foreign employees, either by virtue of time or revocation Notice period Both employer and employee may terminate an employment contract by a written notice. The employee may terminate the employment contract for any reason or without stating any reasons. On the other hand, the employer may terminate the employment contract only in the situations expressly stipulated in the Labour Code, e.g.: ▪ if the employer’s business or a part thereof is wound-up or relocated and the employee does not agree with the change of agreed place of work
  • 6. 6 | Labour Law and Employment in Slovakia – 2019 Guide ▪ if the employee is made redundant due to change in the employer´s business scope, technical equipment, reduction in the number of employees with the aim of increasing work efficiency, or other organizational changes ▪ if there is an (a) ongoing but less serious breach of working discipline, the employee may be dismissed, provided he/she has been warned in writing within the previous six months as to the possibility of dismissal or (b) the employee does not satisfactorily fulfil the work tasks, and the employer has in the preceding six months challenged her/him in writing to rectify the insufficiencies, and the employee failed to do so within a reasonable period of time. The general length of the notice period for a Slovak labour contract is: ▪ the statutory minimum notice period is 1 month (unless longer notice period is stipulated by the Labour Code) ▪ 2 months, if the employee was employed for at least 1 year but less than 5 years ▪ 3 months, if the employee was employed for at least 5 years Longer statutory notice period depends on the length of employment, as stated above.
  • 7. 7 | Labour Law and Employment in Slovakia – 2019 Guide SOCIAL CONTRIBUTIONS AND INCOME TAX Social contributions The employer is obliged to pay monthly contributions to health insurance, social insurance and advances on the income tax. The amounts of contributions are presented in the table below. Payrolls and Contribution Employee rate Employer rate Maximum monthly assessment base Sickness insurance 1.40% 1.40% EUR 6,678 Pension contribution 4.00% 14.00% EUR 6,678 Disability insurance 3.00% 3.00% EUR 6,678 Unemployment insurance 1.00% 1.00% EUR 6,678 Guarantee insurance - 0.25% EUR 6,678 Accident insurance - 0.80% unlimited Reserve fund - 4.75% EUR 6,678 Health insurance 4.00% 10.00% unlimited TOTAL 13.40% 35.20% Please note that as of January 1st, 2019 the minimum monthly wage in Slovakia is EUR 520.
  • 8. 8 | Labour Law and Employment in Slovakia – 2019 Guide Income tax An individual’s tax liability is derived from the taxable income. Slovak tax residents are liable to personal income tax on their worldwide income, subject to provisions under applicable double taxation treaties. The tax year is the calendar year and the income is taxed at a progressive tax rate of 19 % and 25 %. The tax rates applicable for income derived in 2019 are: ▪ annual taxable income (except for income from capital and dividend income) up to EUR 36,256.38 is taxed at 19% ▪ annual taxable income (except for income from capital and dividend income) above EUR 36,256.38 is taxed at 25%
  • 9. 9 | Labour Law and Employment in Slovakia – 2019 Guide WORKING TIME AND VACATION Regular working time The maximum weekly working time is 40 hours, employees working on the basis of a two-shift system may work up to 38.75 hours per week and employees working on a three-shift system or who are involved in continuous operation may work up to 37.5 hours per week. It is also possible to agree on an uneven distribution of working time with the representatives of the employees. Overtime In general upon agreement with the employer, employees may perform overtime work. Overtime work may reach up to 400 hours per calendar year. Of this time, the employer may order the overtime work in the extent of up to 150 hours per calendar year, the remainder of overtime work shall be agreed with the employee. For the work performed in excess of the standard working time, the employee is entitled to an allowance, specifics of which are regulated in the Labour Code. Time off Any employee who works for the same employer constantly for at least 60 days in a calendar year is entitled to annual paid leave on a proportionate basis. The basic annual leave entitlement is at least 4 weeks, rising up to 5 weeks for employees who are 33 years old or older (already in the year in that the employee reaches the age of 33, regardless of the birth date of the employee).
  • 10. 10 | Labour Law and Employment in Slovakia – 2019 Guide MOST COMMON EMPLOYEE BENEFITS Benefits include cash benefits and non-cash benefits provided by the employer to the employee. The cash benefit refers to the financial bonus on top of the standard wage or salary. The most common non-cash benefits in Slovakia are: ▪ meal tickets with the remittance of the employer over the minimum amount according the law ▪ company cars also for private use ▪ company computers or mobile telephones also for private use ▪ extra holiday ▪ contribution to health insurance ▪ premium health care ▪ contribution to old-age pension scheme ▪ reimbursement of sporting and cultural events ▪ flexible working hours or optional home working . As of January 2019, the employers with more than 49 employees are obliged to provide their employees with recreational vouchers that can be used for payment of vacation costs in the Slovak Republic. The contribution shall amount to 55 per cent of eligible costs, maximum of EUR 275 per year. It is available based on application made by an employee working for a particular employer for at least 2 years.
  • 11. 11 | Labour Law and Employment in Slovakia – 2019 Guide TEMPORARY WORK CHARACTERISTICS Special types of contracts Besides an employment contract, the Labour Code recognizes three other contract types: (a) Work performance contract, (b) Work activities contract and (c) Temporary student job contract. Work performance contract The work performance contract may be concluded if the anticipated extent of work (work tasks) for which the agreement is concluded is not in excess of 350 hours in a calendar year. It can be concluded for maximum 12 months. Work activities contract Under the work activities contract the working period may not exceed 10 hours per week and the contract can be concluded for maximum 12 months. Temporary student job contract The temporary student job contract can be concluded only with a person with the status of student, who is under the age of 26 years. Work performance may not exceed 20 hours per week and the contract can be concluded for maximum 12 months. Personnel leasing Temporary assignment (personnel leasing) is also one form of employing individuals. This is a flexible form of employment where employees are temporary assigned to a so-called user employer, while the employee is in employment relationship with another employer or temporary employment agency. A temporary employee cannot be assigned to a particular user employer for more than 24 months. Subject to that 24-month limit, a temporary assignment of a temporary employee to a particular user employer can be extended or renewed up to four times. A temporary employee is entitled to be paid at the same rate as the user employer’s core employees. If there is a difference between those pay rates, the user employer is obliged to pay any shortfall to the temporary employee. The user employer is not permitted to assign a temporary employee on to another user employer.
  • 12. 12 | Labour Law and Employment in Slovakia – 2019 Guide OVERVIEW OF APPLICABLE LEGISLATION ▪ The Labour Code ▪ Act on Illegal Employment ▪ Occupational Safety and Health Protection Act ▪ Act on International Cooperation when Posting Employees ▪ Act on Travel Allowances Disclaimer Please note that our material has been prepared for general guidance on the matter and does not represent a customized professional advice. Furthermore, because the legislation is changing continuously, some of the information may have been modified after the material has been released and Accace does not take any responsibility and is not liable for any potential risks or damages caused by taking actions based on the information provided herein.
  • 13. 13 | Labour Law and Employment in Slovakia – 2019 Guide ABOUT ACCACE With more than 550 professionals and branches in 13 countries, Accace counts as one of the leading outsourcing and advisory services providers in Central and Eastern Europe. During the past years, while having more than 2,000 international companies as customers, Accace set in motion its strategic expansion outside CEE to become a provider with truly global reach. Accace offices are located in the Czech Republic, Hungary, Poland, Romania, Slovakia, Ukraine, Bosnia and Herzegovina, Croatia, Germany, Macedonia, Montenegro, Serbia and Slovenia. Locations in other European countries and globally are covered via Accace’s trusted network of partners. More about us: www.accace.com | www.accace.sk Subscribe to our newsletter! CONTACT US! Karol Ďuriga Senior Associate, Accace Legal o.z. +421 2 325 53 000 Karol.Duriga@accace.com Katarína Matejčíková Senior Associate, Accace Legal o.z +421 2 325 53 000 Katarina.Matejcikova@accace.com