Eurofound's ERM database on restructuring-related legal regulations provides
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Slovakia: Staff information and consultation on business transfers
Phase
Labour Code
Native name
Zákonník práce
Type
Staff information and consultation on business transfers
Added to database
08 May 2015
Article
27-31
Description
If a business unit (a company or a part of a company) or a task or activity of the company or part thereof is transferred to another employer (company), the rights and obligations arising from the relationships governed by labour law with the transferred employee shall be transferred to the transferee employer.
At least one month before the transfer of an undertaking the employer is obliged to inform employees' representatives (or the employees directly if there are no representatives at the employer) and consult with them regarding relevant issues (the date of transfer, its reasons, the implications of the transfer to employees and projected measures). The National Labour Inspectorate can impose a penalty on the employer if they fail to do this.
If a transfer results in significant changes in an employee's working conditions and the employee does not agree with the change, employment shall be deemed terminated by agreement and the employee is entitled to severance payment.
The new employer is obliged to adhere to the collective agreement as agreed upon by the preceding employer, and the legal position and function of employees' representatives shall be retained until the termination of their function period.
Commentary
According to the trade unions, some practical problem emerges when the business transfer concerns more than one company, e.g. several companies are taken over by the new owner. If there were several collective agreements valid in the concerned companies, the legislation does not specify which of the agreements should be applied in the new company.
Additional metadata
Cost covered by
None
Involved actors other than national government
Trade union
Works council
Other
Involvement (others)
Employees, if there are no employees´representatives at the employer.
Thresholds
Affected employees: No, applicable in all circumstances Company size: No, applicable in all circumstances Additional information: No, applicable in all circumstances
Sources
DG Employment, Social Affairs and Equal Opportunities/Héra (2011), Selected companies’ legal obligations regarding restructuring
Eurofound (2015), Slovakia: Staff information and consultation on business transfers, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/staff-information-and-consultation-on-business-transfers/slovakia
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