Restructuring legislation

According to general employee protection rules, the employer has to consult a specialised medical doctor on questions concerning health and safety, working conditions and design of work organisation. If needed, additional experts have to be consulted, for example in the case of (ASchG, §81):

• planning work places,
• acquiring or changing work equipment,
• introduction or change of work procedures and introduction of working material,
• job rotation, or
• regarding psychological issues related to work rhythm, working time or design of work places.

The results of such evaluations have to be summarised in written safety and health protection documents, to be made accessible to the works council in order to inform staff. The employer has to offer workers the opportunity to regularly undergo a health monitoring on demand of the worker.

The recent amendment to the ASchG is now intended to create the legal basis for supporting AMED through the use of occupational medical assistants (occupational medical assistants - AFA) without compromising the quality of care.

This law based on previous cross-sector collective agreements (n°51, 82 and 82 bis) aims at defining procedures in case of outplacement.

Outplacement is defined as a set of services and guidance counselling provided by outplacement experts (private or public companies) on behalf of the employer in order to help employees (if applicable) to find a new job with another employer as quickly as possible or to start self-employment.

These guidance services can be provided individually or in groups. Among these services, the office or company in charge of outplacement has to provide psychological support, but also to establish a personal assessment and/or assistance in developing a job search and its implementation, assistance in negotiating a new work contract, assistance during integration in the new work environment and ultimately also a logistical and administrative support. The length of the outplacement procedure is maximum 12 months with 20 hours of support during the first two months, 20 hours during the four next months (if needed) and 20 hours during the last 6 months (if needed). 

Employers are obliged to provide health services to check the health ability of their employees to perform the assigned job and the threat to employees' health linked to the performance of tasks in a job. Particular attention is paid to hazardous jobs with high levels of risk.

After the termination of employment relations, employees who performed jobs with high levels of risk can ask the employer for preventive health checks in relation to the job performed by them. This service is optional and the employee decides whether to undergo the preventive health check. However, if employees concerned ask the employer for the health check, he/she has to provide this service.

During a crisis situation declared in relation to the COVID-19 pandemic, employers are not obliged to provide these health services.

From 15th of September 2023 Slovak Government canceled crisis situation (related to Covid-19 pandemic), therefore employers are obliged to adhere to this legislation as it was before the pandemic. The employers have 90 days to ensure this obligation is in effect.

Employers must assess whether any planned restructuring entails risks of ill-health (including psycho-social health), or accidents which may need to be remedied.

The health of both redundant employees and those staying in the company must be monitored in accordance with the provisions.

The risk assessment shall be documented in writing and indicate what risks are present and whether or not they are serious.

The employer is obliged to carry out follow-ups of the performed risk assessment.

The employer shall give the employees, trade unions and safety delegates the possibility of participating in the systematic work environment management (including the aforementioned assessments in connection to the restructuring process).