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Newsletter
  Slovak Investment and Trade Development Agency

                                       August/ 2011




What will bring
new labor code?
More on page 2




                                                   1
hoT TopIc




what will bring new labor code?
Key changes to selected employment regulations


probATIoN perIoD                        FIxeD-Term                      smooth retirement, new
                                                                        regulation introduces “shared
                                        employmeNT
T   o allow a better assessment
    of the skills and overall
                                                                        working positions” (in Slovak

                                        F  ixed-term employment         delené pracovné miesto).
suitability of new managing                contracts can now be
employees1 for their new                entered into for up to
positions, employers will be                                            The “flexi account” (in Slovak
                                        three years instead of
able to increase the standard           the previous two-year
                                                                        flexi konto 2) becomes a
three-month probation                   maximum term. Within these      standard instrument, which
period to up to six months.             three years, a fixed-term       can be used for serious
                                        employment contract can         operational reasons and the
                                        be extended or renewed a        related decreased ability
1
  This term is redefined, and           maximum of three times.         of the employer to assign
theoretically may include board
members provided their functions
                                                                        work to the employees
are clearly distinguishable from the                                    (defined as an obstacle
executive function of a board member                                    to performing the work
(which executive function should be     WorkINg TIme                    attributable to the employer).
governed by the provisions of the
Commercial Code). Otherwise the term    AND overTIme

                                        W
is intended to cover employees who
report directly to the board or their
                                             ith the aim of promoting   In the relevant circumstances,
immediate subordinates.                      the employment of          the employer is allowed
                                        parents with young children,    to grant employees paid
                                        students and to help a          time off, which is recorded
                                                                        on the employees’ flexi-
                                                                        account as negative time.
                                                                        once the obstacle ceases
                                                                        to exist, however, not later
                                                                        than within the next 12
                                                                        months, the employees are
                                                                        obliged to work more hours
                                                                        without extra payment until
                                                                        the negative time on their
                                                                        flexi account balances.



                                                                        NoN-compeTe
                                                                        uNDerTAkINgS AND
                                                                        coNFIDeNTIAlITy

                                                                        F  or the first time under
                                                                           Slovak labour law,
                                                                        employers can expressly
                                                                        restrict their employees’
                                                                        competitive activities
                                                                        following the termination of
                                                                        employment. The restriction
                                                                        2
                                                                          New section 142a (previously section
                                                                        252c of the Labour Code).

                                                                                                                 2
hoT TopIc


prevents ex-employees not        during the previous six months);   over 5 years/liquidation or
only from being employed by                                         relocation of the employer,
a competitor, but also covers                                       redundancies, poor health:
competing with the employer      • reducing the overall             notice period of 3 months
as sole traders or executives    compensation to be provided
of another company.              to the employee in the case
                                 of invalid employment
                                 termination from 12 to             group lAyoFFS

                                                                    T
                                 9 times the employee’s                 he definition of group
holIDAy                          average monthly earnings;              layoffs becomes more

p   reviously, employees’
    holiday entitlement was
either four or five weeks,       • either notice period
                                                                    connected to the actual size
                                                                    of the employing entity.
                                                                    under the new regulation, a
depending on a set of multiple   or severance payment,              group layoff can take place
conditions. The amendment        but not both.                      only in an employer with 20
simplifies the conditions by                                        or more employees and if the
providing that all employees                                        employment is within the time
over the age of 33 shall be
                                 As a general rule, an employee
                                                                    period of 30 days terminated
entitled to five weeks of        is entitled to severance
                                                                    by notice or otherwise for
holiday per calendar year.       payment only if his/her
                                                                    reasons not attributable
The effectiveness of this        employment is terminated           to the employees, with:
change has been delayed till 1   by agreement due to:
January 2012 in order not to
complicate calculating holiday                                      • at least 10 employees
                                 • the employer or its part         if the employer’s total
entitlements during 2011.
                                 being wound up or relocated;       number of employees is
                                                                    between 20 and 99;
TermINATIoN                      • the employee’s
                                 redundancy being triggered         • at least 10% of the total
T   erminating employment
    undergoes several
important changes, most
                                 by organisational or
                                 operational changes;
                                                                    work force if the employer’s
                                                                    total number of employees
but not all of which make                                           is between 100 and 299;
terminating employment           • the employee being unable
more flexible (faster) and       to perform the work, given
less costly for the employer.
                                                                    • at least 30 employees if
                                 his/her health status (to be       the employer’s total number
                                 proved by submitting the           of employees exceeds 300.
                                 respective medical certificate).
The main changes include:


• eliminating the employer‘s
                                 NoTIce perIoD
duty to consult termination
notices and immediate
employment termination with      In accordance with the new
                                  regulation, the following
                                 notice period applies:
employees’ representatives;


• when terminating an            Duration of employment
employment contract for          less than 1 year:
unsatisfactory work, the         notice period of 1 month
employer must prove that
it previously informed the                                                       Katarína
employee about his/her           Duration of employment                          Matulníková
unsatisfactory work during       over 1 year:                                    Senior Associate
the previous two months          notice period of 2 months                       Allen & Overy
(previously such “second-                                                        Bratislava, s.r.o.
chance” information might
have been given at any time      Duration of employment

                                                                                                      3
INveSTmeNT NeWS




    honeYwell
    laUnched
    conStrUction
      h
              oneywell launched
              construction of a
              factory in which 446
      jobs are to be created in
      the first phase in the IpZ
      presov-Zaborske industrial
      zone. The investment will
      be worth eur 38.3 million.
      honeywell Turbo will be
      producing turbochargers for
      passenger and cargo vehicles
      from spring 2012 there.




                                     4
INveSTmeNT NeWS




new JobS in FiĽaKoVo

S
     wedish company          employs 200 people. It
     Dometic plans to        produces components and
     create 350 new          accessories for caravans. The
jobs in Filakovo or its      company intends to increase
surroundings. Dometic has    its staff to 550 thanks to
been operating in Filakovo   increasing production.
since 1995 and currently




                                                             5
INveSTmeNT NeWS




wine in KoŠice

                     T
                           he company will invest    items. The company will
Kosice-based Caste         eur 300,000 into the      employ 30 people. caste
will launch wine           reconstruction of the     plans to produce fruit
production.          obsolete manufacturing hall     wines and refill table wines.
                     in the industrial zone David.   The company will also
                     The company’s investments       make its own peT bottles.
                     will exceed eur 1.5 million     The production launch is
                     after including the price       scheduled for this autumn.
                     of technologies and other




                                                                                     6
INveSTmeNT NeWS




inVeStMentS
in leVoČa
The new industrial zone in Levoca
found its first investor.




T
      he czech-german-       and helicopters and later
      French consortium      to expand its production
      Shalter company will   by components for ships.
invest eur 7,8 million in
the town. The company
will employ 150 people by
2017. The consortium plans
to produce little special
components for aircrafts

                                                         7
ecoNomy NeWS




YES to nUclear energY
Slovakia is unable to
                        h
                               e says that this is      energy and this share will
                               one of few issues        be over 60 percent once
be without nuclear             that coalition and       two blocks in mochovce
energy, announced       opposition agree to. “We        Npp are completed.
minister of economy     are convinced that Slovakia
                        with its current energy
Juraj Miskov.           mix cannot work without
                        nuclear energy,“ said miskov.
                        Nuclear energy accounts
                        for 53 percent of the total




                                                                                     8
SArIo NeWS


upcomINg SArIo eveNTS




Business frienDly                 Business frienDly                  ConferenCe
sloVakia                          sloVakia

                                                                     košIce / prešov INveST
INveSTmeNT SemINArS               INveSTmeNT
IN germANy                        SemINAr IN brNo,                   Date: Tuesday, 18.10. 2011
                                  cZech republIc
                                                                     Time: 8:30 a.m. – 4:30 p.m.
Date:                                                                Venue: hotel Doubletree
monday, 19.09.2011, Düsseldorf                                       by hilton, košice
                                  Date: Thursday, 6.10.2011
Tuesday, 20.09.2011, Düsseldorf                                      organizer: The American
                                  Time: 10 -12 a.m.                  chamber of commerce
Friday, 23.09.2011, mníchov       Venue: brno exhibition             in the Sr (Amcham) in
organizer: SArIo                  centre, czech republic             cooperation with SArIo
                                  organizer: SArIo
SArIo has the pleasure                                               The main purpose of the
to invite you to join             Are you interested to expand       conference is a presentation of
and experience business           your business activities           the košice and prešov regions
opportunities of Slovakia at      abroad? Do you have potential      as the ideal investment
the roadshow of Investment        to become a supplier of            destinations for potential
Seminars, which is to be          already established investors?     foreign and domestic
held between 19th - 23rd          Slovakia is probably familiar      investors. The program of the
September 2011 in cities          to you, despite the Slovak         event will be divided into six
of Düsseldorf and munich,         business environment offers        panel discussions, covering
germany. Investment               opportunities which you may        the following main areas:
Seminars will be organized        not be aware of. Would you
in cooperation with               like to learn more? let’s follow
respected members of                                                 1. FDI Strategies of košice
                                  the stories of those who have      and prešov municipalities
the Investment Support            succeed - companies operating
Association (ISA) including       in Slovakia - kIA, mobis,          2. Investment Incentives
representatives of established    pWc and unicredit bank.            3. SArIo – closer to Investors
german and Japanese
companies in Slovakia.                                               4. recent human resources
                                  Investment seminar business        Trends in the labor market
                                  Friendly Slovakia is organized     5. Investments bringing
Seminars in germany offer         by SArIo as an accompanying        high Added value
unique opportunity for            event of the International
international companies when                                         6. Attractiveness of
                                  engineering Fair in brno.          eastern Slovakia in
getting to know the leading
country for doing business in                                        International Framework
central and eastern europe,       Seat are lImITeD, don’t
getting to know Slovakia.         hesitate to regISTer now!          For more information,
                                                                     please contact Amcham
Seats are lImITeD, don’t                                             at kosice@amcham.sk
hesitate to regISTer now!



                                                                                                      9
e-mail: marketing@sario.sk
Web: www.sario.sk




upozornenie:
Tento Newsletter neposkytuje záväzné právne stanoviská. SArIo nenesie zodpovednosť za škodu
spôsobenú nesprávnym použitím informácií na nej uvedených.

Zdroj použitých obrázkov: archív SArIo, stock.xchNg, istockphoto

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SARIO NEWSLETTER- August 2011

  • 1. Newsletter Slovak Investment and Trade Development Agency August/ 2011 What will bring new labor code? More on page 2 1
  • 2. hoT TopIc what will bring new labor code? Key changes to selected employment regulations probATIoN perIoD FIxeD-Term smooth retirement, new regulation introduces “shared employmeNT T o allow a better assessment of the skills and overall working positions” (in Slovak F ixed-term employment delené pracovné miesto). suitability of new managing contracts can now be employees1 for their new entered into for up to positions, employers will be The “flexi account” (in Slovak three years instead of able to increase the standard the previous two-year flexi konto 2) becomes a three-month probation maximum term. Within these standard instrument, which period to up to six months. three years, a fixed-term can be used for serious employment contract can operational reasons and the be extended or renewed a related decreased ability 1 This term is redefined, and maximum of three times. of the employer to assign theoretically may include board members provided their functions work to the employees are clearly distinguishable from the (defined as an obstacle executive function of a board member to performing the work (which executive function should be WorkINg TIme attributable to the employer). governed by the provisions of the Commercial Code). Otherwise the term AND overTIme W is intended to cover employees who report directly to the board or their ith the aim of promoting In the relevant circumstances, immediate subordinates. the employment of the employer is allowed parents with young children, to grant employees paid students and to help a time off, which is recorded on the employees’ flexi- account as negative time. once the obstacle ceases to exist, however, not later than within the next 12 months, the employees are obliged to work more hours without extra payment until the negative time on their flexi account balances. NoN-compeTe uNDerTAkINgS AND coNFIDeNTIAlITy F or the first time under Slovak labour law, employers can expressly restrict their employees’ competitive activities following the termination of employment. The restriction 2 New section 142a (previously section 252c of the Labour Code). 2
  • 3. hoT TopIc prevents ex-employees not during the previous six months); over 5 years/liquidation or only from being employed by relocation of the employer, a competitor, but also covers redundancies, poor health: competing with the employer • reducing the overall notice period of 3 months as sole traders or executives compensation to be provided of another company. to the employee in the case of invalid employment termination from 12 to group lAyoFFS T 9 times the employee’s he definition of group holIDAy average monthly earnings; layoffs becomes more p reviously, employees’ holiday entitlement was either four or five weeks, • either notice period connected to the actual size of the employing entity. under the new regulation, a depending on a set of multiple or severance payment, group layoff can take place conditions. The amendment but not both. only in an employer with 20 simplifies the conditions by or more employees and if the providing that all employees employment is within the time over the age of 33 shall be As a general rule, an employee period of 30 days terminated entitled to five weeks of is entitled to severance by notice or otherwise for holiday per calendar year. payment only if his/her reasons not attributable The effectiveness of this employment is terminated to the employees, with: change has been delayed till 1 by agreement due to: January 2012 in order not to complicate calculating holiday • at least 10 employees • the employer or its part if the employer’s total entitlements during 2011. being wound up or relocated; number of employees is between 20 and 99; TermINATIoN • the employee’s redundancy being triggered • at least 10% of the total T erminating employment undergoes several important changes, most by organisational or operational changes; work force if the employer’s total number of employees but not all of which make is between 100 and 299; terminating employment • the employee being unable more flexible (faster) and to perform the work, given less costly for the employer. • at least 30 employees if his/her health status (to be the employer’s total number proved by submitting the of employees exceeds 300. respective medical certificate). The main changes include: • eliminating the employer‘s NoTIce perIoD duty to consult termination notices and immediate employment termination with In accordance with the new regulation, the following notice period applies: employees’ representatives; • when terminating an Duration of employment employment contract for less than 1 year: unsatisfactory work, the notice period of 1 month employer must prove that it previously informed the Katarína employee about his/her Duration of employment Matulníková unsatisfactory work during over 1 year: Senior Associate the previous two months notice period of 2 months Allen & Overy (previously such “second- Bratislava, s.r.o. chance” information might have been given at any time Duration of employment 3
  • 4. INveSTmeNT NeWS honeYwell laUnched conStrUction h oneywell launched construction of a factory in which 446 jobs are to be created in the first phase in the IpZ presov-Zaborske industrial zone. The investment will be worth eur 38.3 million. honeywell Turbo will be producing turbochargers for passenger and cargo vehicles from spring 2012 there. 4
  • 5. INveSTmeNT NeWS new JobS in FiĽaKoVo S wedish company employs 200 people. It Dometic plans to produces components and create 350 new accessories for caravans. The jobs in Filakovo or its company intends to increase surroundings. Dometic has its staff to 550 thanks to been operating in Filakovo increasing production. since 1995 and currently 5
  • 6. INveSTmeNT NeWS wine in KoŠice T he company will invest items. The company will Kosice-based Caste eur 300,000 into the employ 30 people. caste will launch wine reconstruction of the plans to produce fruit production. obsolete manufacturing hall wines and refill table wines. in the industrial zone David. The company will also The company’s investments make its own peT bottles. will exceed eur 1.5 million The production launch is after including the price scheduled for this autumn. of technologies and other 6
  • 7. INveSTmeNT NeWS inVeStMentS in leVoČa The new industrial zone in Levoca found its first investor. T he czech-german- and helicopters and later French consortium to expand its production Shalter company will by components for ships. invest eur 7,8 million in the town. The company will employ 150 people by 2017. The consortium plans to produce little special components for aircrafts 7
  • 8. ecoNomy NeWS YES to nUclear energY Slovakia is unable to h e says that this is energy and this share will one of few issues be over 60 percent once be without nuclear that coalition and two blocks in mochovce energy, announced opposition agree to. “We Npp are completed. minister of economy are convinced that Slovakia with its current energy Juraj Miskov. mix cannot work without nuclear energy,“ said miskov. Nuclear energy accounts for 53 percent of the total 8
  • 9. SArIo NeWS upcomINg SArIo eveNTS Business frienDly Business frienDly ConferenCe sloVakia sloVakia košIce / prešov INveST INveSTmeNT SemINArS INveSTmeNT IN germANy SemINAr IN brNo, Date: Tuesday, 18.10. 2011 cZech republIc Time: 8:30 a.m. – 4:30 p.m. Date: Venue: hotel Doubletree monday, 19.09.2011, Düsseldorf by hilton, košice Date: Thursday, 6.10.2011 Tuesday, 20.09.2011, Düsseldorf organizer: The American Time: 10 -12 a.m. chamber of commerce Friday, 23.09.2011, mníchov Venue: brno exhibition in the Sr (Amcham) in organizer: SArIo centre, czech republic cooperation with SArIo organizer: SArIo SArIo has the pleasure The main purpose of the to invite you to join Are you interested to expand conference is a presentation of and experience business your business activities the košice and prešov regions opportunities of Slovakia at abroad? Do you have potential as the ideal investment the roadshow of Investment to become a supplier of destinations for potential Seminars, which is to be already established investors? foreign and domestic held between 19th - 23rd Slovakia is probably familiar investors. The program of the September 2011 in cities to you, despite the Slovak event will be divided into six of Düsseldorf and munich, business environment offers panel discussions, covering germany. Investment opportunities which you may the following main areas: Seminars will be organized not be aware of. Would you in cooperation with like to learn more? let’s follow respected members of 1. FDI Strategies of košice the stories of those who have and prešov municipalities the Investment Support succeed - companies operating Association (ISA) including in Slovakia - kIA, mobis, 2. Investment Incentives representatives of established pWc and unicredit bank. 3. SArIo – closer to Investors german and Japanese companies in Slovakia. 4. recent human resources Investment seminar business Trends in the labor market Friendly Slovakia is organized 5. Investments bringing Seminars in germany offer by SArIo as an accompanying high Added value unique opportunity for event of the International international companies when 6. Attractiveness of engineering Fair in brno. eastern Slovakia in getting to know the leading country for doing business in International Framework central and eastern europe, Seat are lImITeD, don’t getting to know Slovakia. hesitate to regISTer now! For more information, please contact Amcham Seats are lImITeD, don’t at kosice@amcham.sk hesitate to regISTer now! 9
  • 10. e-mail: marketing@sario.sk Web: www.sario.sk upozornenie: Tento Newsletter neposkytuje záväzné právne stanoviská. SArIo nenesie zodpovednosť za škodu spôsobenú nesprávnym použitím informácií na nej uvedených. Zdroj použitých obrázkov: archív SArIo, stock.xchNg, istockphoto