Obligations of the Employer to the Employee in Slovakia
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Transcript of Obligations of the Employer to the Employee in Slovakia
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LEGAL DISCLAIMER
This publication has been developed in the framework of the Magyar-Szlovák Közös Inkubációs
Központ Pócsmegyer implemented through the Hungary-Slovakia Cross-border Co-operation
Programme 2007 – 2013 co-financed by the European Regional Development Fund (ERDF).
www.husk-cbc.eu
The sole responsibility for the content of this publication lies with the authors. It does not necessarily reflect
the opinion of the European Union. Neither the EASME nor the European Commission are responsible for any
use that may be made of the information contained therein.
January 2015
OBLIGATIONS OF THE EMPLOYER TO THE EMPLOYEE IN SLOVAKIA
Content
Obligations of the employer to the employee in Slovakia .................................................................................................................... 3
Employment contract ...................................................................................................................................................................................... 3
Working hours .................................................................................................................................................................................................... 3
Holiday ................................................................................................................................................................................................................... 3
Sickness ................................................................................................................................................................................................................. 3
Maternity/parental rights ............................................................................................................................................................................. 4
Minimum wage ................................................................................................................................................................................................... 4
Basis and rates of income taxes .................................................................................................................................................................. 4
Social security and health insurance contributions ........................................................................................................................... 4
Termination of a contract .............................................................................................................................................................................. 5
Notice periods ..................................................................................................................................................................................................... 6
Severance payments ......................................................................................................................................................................................... 6
Contact information ............................................................................................................................................................................................... 7
OBLIGATIONS OF THE EMPLOYER TO THE EMPLOYEE IN SLOVAKIA
Page 3
Obligations of the employer to the employee in Slovakia
All employment relationships involving Slovak parties in the Slovakia have protection under the Labour Code (Act
No. 311/2001 Coll. as amended). The Labour Code also applies to foreign parties in employment relationships
performed in the Slovak Republic, unless the parties have chosen another jurisdiction as governing law.
EMPLOYMENT CONTRACT
Slovak law request all employment relationships to be entered into and governed by means of a written
employment contract. The following employment terms must always be agreed in the employment contract:
o the type of work for which the employee was accepted;
o the place of work;
o the date of commencement of work.
The employers have to inform employees of certain information in writing, either in the employment contract or
within 1 month of starting work. The Labour Code implies many rights and responsibilities in an employment. The
following conditions apply to the employee with a normal contract.
WORKING HOURS
A working week consists of a maximum of 40 working hours. The employer can demand on average a maximum
of 8 hours of overtime work per week, but no more than 150 hours per year. Any additional overtime work
requires the employee’s approval.
Collective agreements are common in the public service sector and in the industrial sector.
HOLIDAY
Each employee may have a minimum of 4 weeks of holiday per year until he/she is 33 years old, after this there is
a minimum of 5 weeks of holiday. Holiday time may be increased by additional days, provided that the rules on
equal treatment are respected. There are also 15 established national public holidays.
SICKNESS
A special regulation stipulates that any employee officially declared sick (i.e. incapable of work), is in charge to ask
sickness benefits. During the first 10 calendar days of illness, a regular wage compensation is paid by employers
OBLIGATIONS OF THE EMPLOYER TO THE EMPLOYEE IN SLOVAKIA
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(starting from the 1st working day of illness). From the 11th calendar day of illness, the Social Security
Administration pay sickness compensation (55%).
MATERNITY/PARENTAL RIGHTS
Female employees can have 34 weeks of maternity leave (43 weeks for multiple births). Leave can begin from the
eighth week before the expected due date. During maternity leave the Social Security Administration pays the
employee’s maternity benefits. There is no exact amount of maternity benefits as they depend on the previous
salaries. Parental leave must be granted to any parent employee who requests it at any time from the end of
maternity leave (for mothers) or the date of birth (for fathers) and it can be extend until the child turns 3. During
parental leave the employee has access to the parental benefits paid by the state. Parents or caregivers also have
other rights. They are protected from termination of employment. Under special conditions female employees with
a child under 15 years old can also ask for shortened working hours.
MINIMUM WAGE
The lowest minimum monthly gross wage (since 2015) is EUR 380 and the lowest minimum hourly wage is set at
EUR 2,184. There are 6 categories of higher statutory minimum wages, according to the particular type of work.
BASIS AND RATES OF INCOME TAXES
Taxation on employment income is derived from the gross employment income increased by the mandatory social
security and health insurance contributions paid by the employer. Generally, Slovak employers hold employees’
income tax (currently 19%) of the monthly tax base. Tax is calculated on the gross wage.
SOCIAL SECURITY AND HEALTH INSURANCE CONTRIBUTIONS
The employer has to register an employee with the local Health Insurance Company within eight days from the
start of the employment and after its termination deregister him within eight days. This obligation is valid even if
an employee does not have permanent residence in the Slovak territory and he is employed by an employer that
is based in the Slovak territory or he perform an activity as a self-employed person in Slovakia. The insured person
is obliged to determine a new insurance payer at the Health Insurance Company within eight days from the
termination of employment.
Under Slovak law, social security contributions consist of sickness insurance contributions (financial security for
employees in case of sickness, injury, pregnancy or maternity), pension contributions, contributions to
unemployment insurance, contributions to guarantee insurance, contributions to accident insurance and
OBLIGATIONS OF THE EMPLOYER TO THE EMPLOYEE IN SLOVAKIA
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contributions to solidarity reserve fund. Employees contribute 9, 4 % of their gross taxable income to social
security schemes. Employers contribute the equivalent of 25, 2% of the gross taxable income of all its employees.
Health insurance contributions amount to 14 % of an employee's gross taxable salary, one part (4%) is paid by the
employee and the remaining part (10%) by the employer.
There is not any maximum monthly assessment base for accident insurance contributions.
An employer is obligated to deduct tax at source from an employee and to make additional contributions to social
security. The employee's contribution is approximately 13.4% and the employer´s contributions is 25, 2%. A self-
employed person pays contributions to social insurance and health insurance system by himself. The insurance
covers pension, unemployment, sickness, and work injury. The employer must contribute to employee´s accident
insurance. The rate of accident insurance is 0,8% of the relevant computation base.
Contributions % of gross monthly salary
Employee Employer
Sickness 1,4% 1,4%
Retirement 4% 14%
Permanent disability 3% 3%
Unemployment 1% 1%
Health 4% 10%
Guaranteed fund - 0,25%
Reserve fund - 4,75%
TERMINATION OF A CONTRACT
An employment contract can be terminated by a written agreement on termination, which is the preferred way.
Other possibilities are expiration of the period for which employment was concluded, expiration of work/
residence permit of a foreign employee or cancellation of employment during the probationary period. Only
employees may unilaterally terminate employment without a reason. This is done by notice. Employers may only
terminate employment by notice for reasons explicitly stated in the Labour Code – organizational grounds, health
grounds, poor performance or breach of obligation.
Immediate termination is possible, for both the employer and employee, but only in extraordinary cases specified
by the Labour Code). Notice of immediate termination must be given in writing and delivered to the
employee/employer.
OBLIGATIONS OF THE EMPLOYER TO THE EMPLOYEE IN SLOVAKIA
Page 6
NOTICE PERIODS
The usually notice period is 2 months at minimum, regardless of the length of employment. It can be extended by
mutual agreement but the notice period must be the same for both parties. If the length of employment is at least
5 years, the notice period is statutory 3 months at minimum. The notice period commences on the first day of the
calendar month following the month the notice was delivered and ends on the last day of the last month.
SEVERANCE PAYMENTS
An employer shall pay an employee a severance allowance if employment relationship is terminated for certain
reasons according to the Labor Code of the Slovak Republic p. 47. For dismissals for organizational grounds the
employee is entitled to a mandatory severance payment of at least twice his/her average monthly earnings.
If the termination is for health grounds resulting from an occupational disease or work injury, the employee might
ask for a mandatory severance payment of at least 12 times his/her average monthly earnings.
An employer may not fire certain members (or even former members) of a trade union without the union’s
consent. During a particular period (e.g. pregnancy, illness) employees may only be dismissed if the business (or
its part) is being shut down or relocated, or if there are grounds for immediate termination.
CONTACT INFORMATION
Page 7
Contact information
The content of this publication was created by the Italian-Slovak Chamber of Commerce. For more information
contact:
Italian – Slovak Chamber of Commerce
Michalska 7, 81101 Bratislava, Slovak Republic
www.camit.sk
Tel: +421 (2) 541 31 290