Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Slovakia: Effects of non-compliance with dismissal regulations
Phase
Labour Code
Native name
Zákonník práce
Type
Effects of non-compliance with dismissal regulations
Added to database
08 May 2015
Article
63, 64, 73, 77
Description
Legislation specifies that employees are entitled to compensation in the amount of at least two times their average salary if the employer:
gives notice in conflict with reasons defined in the Labour Code: for instance, reasons related to the employer (like the economic performance, effectiveness of production or provided services) or reasons related to the employee (like the health condition, unsatisfactory work performance, labour discipline);
gives notice to the employee despite of prohibited reasons related to protected periods (like disease or accident, pregnancy, maternity/parental leave).
In case of collective redundancies (dismissals of at least 10 employees in companies with 21-99 workers, at least 10% of staff in companies with 100-299 workers, or at least 30 employees in companies with 300 or more workers, within 30 days), employees are entitled to compensation if:
employee representatives (trade unions or works councils) were not informed and the consultation did not take place;
a final consultation report was not delivered to the workers’ representatives or the local public employment office;
the employer gives notice prior to one month from the date when the final report was delivered to the workers’ representatives or the employment office.
Employees can take action through the court within two months of the termination of their employment contracts, but no later than six months from the date on which the employment relationship should have ended, if the employee was not in a protective period.
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