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: Obligation to consider alternatives to collective dismissals
Phase
Labour code
Native name
Zákonník práce
Type
Obligation to consider alternatives to collective dismissals
Added to database
08 May 2015
Article
73
Description
According to Act No. 311/2001 Coll. of the labour code, at least one month before the start of collective dismissal, consultations with the employee representative or the affected employees need to be held with the aim of reaching an agreement. Employers should attempt to minimise redundancies, try to redeploy the affected employees within other workplaces at the organisation and reduce the negative impact of the collective redundancy (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). Then the employer has to submit in written the outcomes of consultations with the employee representatives on measures to mitigate the unfavourable impact of collective dismissal on employees to the competent employment office of the headquarters of Employment, Social Affairs and Family (ÚPSVaR). During the available time to the start of dismissals, the employment office should look for ways of employing the redundant employees elsewhere, and ways of employing the redundant employees after retraining.
Commentary
There is no particular obligation for the employers to seek 'effective' measures which will be able to avoid the negative aspects of the restructuring process. It is not easy for the employer to adopt some alternatives to redundancies because the employer is constrained by his/her financial situation and in some cases (e.g. redeployment at other workplaces) the employer needs consent of the employee concerned. In many cases of restructuring, it is not particularly common for the employer to adopt any additional measures with the aim of reducing the number of redundancies.
Additional metadata
Cost covered by
Employer
Involved actors other than national government
Public employment service
Trade union
Works council
Other
Involvement (others)
Affected employees if there are no employee representatives at the employer.
Thresholds
Affected employees: 10 Company size: 21 Additional information: No, applicable in all circumstances
Sources
DG Employment, Social Affairs and Equal Opportunities/Héra (2011), Selected companies’ legal obligations regarding restructuring
Ius Laboris (2009), Collective Redundancies Guide, Ius Laboris, Brussels
While large-scale redundancies at major manufacturers dominate the headlines, the true impact of this restructuring is being felt most acutely within the wider supply chain. This article examines the uneven distribution of job losses, the growing geographical shifts in production, ...
Eurofound’s ERM restructuring legislation database offers an overview of key restructuring-related regulations in the EU Member States and Norway. Its content is continuously updated to reflect any changes made by national legislators in response to, for instance, policy shifts, legal ...
Can Europe still achieve its ambitions for battery manufacturing? To answer this, the article looks at data from Eurofound’s European Restructuring Monitor and explores what recent large-scale restructuring events reveal about the state of play in the EU battery sector.
This working paper offers a comprehensive methodological overview of the European Restructuring Monitor (ERM) databases. Even though the methodology has not changed over time, new categories have been added, and the way it has been used by researchers and policymakers ...