In response to the coronavirus crisis, which is seriously impacting the Slovak economy, the Government of Slovakia has proposed and the Parliament has passed a second amendment to the Slovak Labour Code within a short period of time. We provide information on this topic below. Should you wish to obtain more details please do not hesitate to contact us.
Amendment to the Slovak Labour Code
The Amendment, which is to come into effect in the coming days, modifies provisions stipulating fixed-term employment under Act No. 311/2001 Coll., Labour Code, as amended. Under the current regulation, a fixed-term employment relationship may be agreed for at most two years and may be extended or renewed at most twice within this two-year period (by renewing the fixed term of an employment relationship beginning less than six months after the end of the previous fixed-term employment relationship between the same parties). The Labour Code provides only limited options for extending the two-year term limit, e.g. when substituting an employee during parental leave, etc.
Nevertheless, the modification introduced by the Amendment is only applicable during an extraordinary situation, state of distress or state of emergency declared by the competent authorities ("Emergency Situation") and for two months after its recall. The most recent Emergency Situation was recalled on 13 June 2020.
According to the Amendment, if a fixed-term employment is to end due to the expiry of its term during the Emergency Situation declared in connection with COVID-19 or within two months after its recall (and if the current regulation does not allow its extension), the fixed-term employment relationship may be extended once more for a maximum of one year. If the fixed-term employment relationship already ended, it can be renewed under similar conditions.
In companies where employee's representatives operate, the extension or renewal must be consulted with them. Otherwise the extended or renewed employment relationship will be deemed to be concluded for an indefinite time by virtue of law.
By Peter Devinsky, Attorney at Law, Schoenherr