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: Public authorities information and consultation on dismissals
Phase
Labour Code; Act on employment services
Native name
Zákonník práce; Zákon o službách zamestnanosti
Type
Public authorities information and consultation on dismissals
Added to database
08 May 2015
Article
Article 73 of the Labour Code; Article 13 of the Act on employment services
Description
The employer who envisages 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 worker, within 30 days) is obliged, at least 30 days before dismissals take place, to consult employees' representatives (or directly with the employees concerned if there are no employees' representatives) on planned dismissals and the matter of finding out if any other solution or the minimisation of redundancies is possible. At the same time, the employer is obliged to submit a copy of information about planned dismissals with an attached list of redundant employees and their contacts to the Labour Office (ÚPSVaR). Subsequent to consultations with employees´ representatives (trade unions or work councils/employee trustees), the employer is obliged to submit written information on outcomes of consultations to the Labour Office and employees' representatives.
Not earlier than one month after the delivery of the information to the Labour Office, the employer can give the employees notice or a proposal to terminate the employment contract by agreement. During this period the employer discusses with the Labour Office any measures that could enable mitigation of the negative effects of collective redundancies.
Some measures are discussed at the regional level because Labour Offices operate in the various areas and districts.
In 2023, article 73 of the Labour Code was amended to clarify the employer’s obligation in the event of a collective redundancy involving crew members of a seagoing ship. In such cases, the employer is obliged to fulfil its information obligations towards the competent authority of the state under whose national flag the ship sails.
Commentary
According to trade unions, to avoid procedures related to collective dismissals some employers frequently dismiss fewer employees within 30 days than what the Labour Code thresholds specify in terms of what counts as a collective dismissal.
Additional metadata
Cost covered by
None
Involved actors other than national government
Public employment service
Involvement (others)
None
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
Eurofound (2015), Slovakia: Public authorities information and consultation on dismissals, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/public-authorities-information-and-consultation-on-dismissals/slovakia
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