Phase
Employee monitoring and surveillance
Native name
Monitorovanie a dohľad nad zamestnancami
Type
Employee monitoring and surveillance
Added to database
20 October 2023

Article

§ 13 of the Labour Code


Description

In Slovakia, the general regulation on the protection of personal data applies (the EU regulation and the Act on the Protection of Personal Data are also directly applicable in Slovakia).

Regarding the monitoring and surveillance of employees, the Labour Code (Act 311/2001 Coll.) has a very brief legal regulation in this regard, quite problematic and unclear (according to practice). This legislation was introduced by Act No. 361/1012 Coll. which amends Act no. 311/2001 Coll. Labour Code and valid from 1.1.2013.

The employer must not violate the employee's privacy at the workplace and in the employer's common areas. It is inadmissible to monitor or record the employee's phone calls using the employer's technical devices. It is also inadmissible to check the employee's e-mail sent from the work e-mail address and delivered to this address without the employer notifying them in advance. The employee has the right to file the complaint to the employer if the principles of equal treatment are violated, if the conditions for the exercise of rights and duties are not observed in accordance with good morals, if it is an unjustified unauthorised violation of the employee's privacy, if it is an unauthorized prohibition to maintain confidentiality about working conditions or if it is a prohibition to perform other gainful activity, as well as if it is a violation of rights and obligations arising from the employment relationship. The employer is obliged to respond to the employee's complaint without undue delay, to make corrections, to refrain from such action and to eliminate its consequences.

An employee who believes that his privacy at the workplace or in common areas has been violated due to non-compliance, may turn to the court and seek legal protection.


Commentary

So far, there are no known statistically significant violations of the law regarding monitoring and supervision of employees. Even the National Labour Inspectorate, which carries out labour inspections, does not pay significant attention to compliance with the provisions of § 13 of the Labour Code.


Additional metadata

Cost covered by
Employer
Involved actors other than national government
Court Other Trade union
Involvement (others)
National Labour Inspectorate
Thresholds
Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Citation

Eurofound (2023), Slovakia: Employee monitoring and surveillance, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/employee-monitoring-and-surveillance/slovakia

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