Global Compliance Desk – Slovakia
Slovakia – Amendment to Surcharges for Weekend, Night, and Sunday Work in 2021
An amendment to the Labor Code was submitted in the Parliament, which will increase the minimum wage and introduce new rates for night and weekend work, as well as work performed outside a contractual employment relationship. The amendment was passed on October 31, 2020, and will become effective from January 1, 2021.
Current Provision
The amount of wage benefits, i.e. allowances for work on Saturdays, Sundays, night work and work on public holidays is regulated by § 122 to § 123 of Act no. 311/2001 Coll. Of the Labor Code as amended (hereinafter referred to as the “Labor Code”). The current provisions for surcharges for the weekend, night, and Sunday work stipulates the following –
- A surcharge of 50% of the minimum hourly wage is payable for work during Saturdays;
- A surcharge of 100% of the minimum hourly wage is payable for work during Sundays;
- A surcharge of 40% of the minimum hourly wage is payable for work during night shifts;
- A surcharge of 50% of the minimum hourly wage is payable for work during night shifts in case of high-risk jobs; and,
- A surcharge of 100% of the minimum hourly wage is payable for work during public holidays.
If work must be performed during Saturdays, Sundays, or during the night due to its nature or inevitable operating conditions, employers may agree to lower premiums through a collective agreement; or directly within individual employment agreements, as long as the employer has fewer than 20 employees and these employees are not part of a trade union organization.
The employer and its employees may agree via a collective agreement to lower extra pay than stated in the law, which however cannot be lower than a 35% surcharge for night work, 45% premium for work on Saturday, and 90% surcharge in case of work on Sunday.
Current Minimum Wage
As of January 1, 2020, the minimum wage in Slovakia is €580.
Proposed Amendment to the Provisions
Minimum Wage Increased
Effective January 1, 2021, the minimum monthly wage in 2021 from the current € 580 to € 623. The amount of the hourly minimum wage would increase to € 3.580 from the current € 3.333 per worked hour.
Amendments to the method of Surcharge Pay for Supplementary Work
The proposed amendment will change the method for calculating wage allowances, which are connected to the minimum wage. The amount of the wage benefits shall not be determined by the percentage of the hourly minimum wage anymore, but from January 1, 2021, it will be determined as a fixed amount.
Surcharge for work on Saturday
Wage benefits for work on Saturdays are regulated by Section 122a of the Labor Code. Effective January 1, 2021, an employee is entitled to a wage benefit of at least € 1.79 per hour for work on Saturday.
This fixed amount was calculated on the basis of the currently applicable formula (valid for determining the amount of the bonus in 2020), ie 50% of the minimum wage in euros per hour, and used the amount of the minimum hourly wage valid for 2021, ie € 3.58 (50% from € 3.58 = € 1.79).
However, it is possible for an employer who, due to the nature of the work or operating conditions, is required to work regularly on Saturday, agree on a lower amount of wage benefit, at least € 1.61 per hour (in 2020 the amount of the allowance was at least 45% of the minimum wage in euros per hour).
Surcharge for Work on Sunday
Effective January 1, 2021, the amount of the wage benefit, ie the surcharge for work on Sunday, is regulated by § 122b paragraph 1 of the Labor Code, As per the amendment the employee is entitled to a wage benefit for work on Sunday in the amount of at least € 3.58 per hour.
The fixed amount of the allowance for work on Sunday is calculated based on the currently applicable formula (valid for determining the amount of allowance in 2020), ie 100%. The minimum wage in euros per hour and used the amount of the minimum hourly wage valid for 2021, ie € 3.58 (100% of € 3.58 = € 3.58).
The benefit can be at a lower rate of wage i.e. the allowance for work on Sunday, to at least 3.22 € per hour (in 2020 the amount of the allowance was at least 90% of the minimum wage in euros per hour), but only if the nature of the work or the conditions of operation of the employer so require that the work be carried out regularly on Sundays.
Surcharge for Night Work
Effective January 1, 2021, for work at night, an employee who works on the basis of a permanent employment relationship, a wage supplement will be provided in the following amount:
- at least € 1.43 for each hour of night work – applies to employees performing non-hazardous work,
- at least € 1.79 for each hour of night work – applies to an employee performing risky work.
The method for calculation of the fixed amount was on the basis of the current formula (valid for calculating the amount of the bonus in 2020) as per which the employee is entitled to a wage benefit of at least 40% of the minimum wage per hour in euros (non-risk occupation), resp. at least 50% (high-risk occupation), of the minimum wage per hour in euros, the basis for the calculation being the hourly minimum wage valid for 2021, ie € 3.58 (40% of € 3.58 = € 1.43).
The wage benefit can be lowered based on an agreement between employer and employee if the nature of the work or operating conditions require that the majority of work be performed as night work, at least € 1.25 for each hour of night work (in 2020, the amount of the supplement was at least 35% of the minimum wage in euros per hour). However, the above only applies to employees performing non-hazardous work.
