Slovakia

Global Compliance Guide

Labor Requirements

The labour law in Slovakia is regulated mainly by the Labour Code Act No. 311/2001 Coll. The Labour Code governs the terms and conditions of employment such as working hours, holidays and rest periods, wages, overtime, employment relationships, and labour protection. The other act that governs employment relationships is the Social Insurance Act, 2003..

Hours & Pay Regulations

Normal Working Hours

Working time is a period of time in which an employee is available to the employer, performs work, and performs duties in accordance with the employment contract. In order to determine the scope of working time and the distribution of working time, a week shall be 7 consecutive days.

 

The standard hours of work of an employee are not more than 8 hours a day or 40 hours per week. An employee’s average weekly working time including overtime may not exceed 48 hours.

 

Shift Work – Working time can be organized by the employer in a manner of two-shift work regime or three-shift work regime. A work regime in which work is carried out continuously for all days of the week is a continuous work regime.

 

The working time of an employee, whose working time is scheduled in such a manner that they regularly alternate working in both shifts under a two-shift work pattern, must not be more than 38 and 3/4 hours per week (exclusive of overtime), and the working time for a three-shift or continuous work pattern must not be more than 37 and 1/2 hours per week (exclusive of overtime). Labour Code Act No. 311/2001 Coll. § 85, 90.

 

The employer is obliged to notify the employee of the schedule of working hours at least one week in advance and is valid for at least one week.

 

In principle, the morning shift must not start before 6 am, the afternoon shift must not end after 10 pm. The morning shift is a work shift, the majority of which falls between 6 am and 2 pm. The afternoon shift is a work shift, the majority of which falls between 2 pm and 10 pm. Labour Code Act No. 311/2001 Coll., § 90. 

 

Even Distribution of Working hour

If the working time is evenly distributed over the individual weeks, the maximum period of working time(post-normal working hours) per week shall not exceed 3 hours, and the working time on individual days shall not exceed 9 hours. The average weekly working time may not exceed the limit for the established weekly working time during a certain period (40 hours per week), up to a maximum of 4 weeks.

 

In case of an even distribution of working hours, the employer schedules weekly working hours at 5 working days a week. Labour Code Act No. 311/2001 Coll., § 86.

 

Uneven distribution of working hours

In cases where due to the nature of the work or the operating conditions, working hours cannot be spread evenly over the individual weeks, the employer may, in agreement with the employees’ representatives or in agreement with the employee, spread the working hours unevenly over the weeks. The average weekly working time may not exceed the established weekly working time (40 hours) for a period not exceeding 4 months.

 

Working hours within 24 hours must not exceed 12 hours. The employer may, in a collective agreement or in agreement with the employees’ representatives, spread the working time unevenly over the weeks to a period of more than four months, up to a maximum of 12 months. Labour Code Act No. 311/2001 Coll., § 87.

 

Working time account

The working time account is a method of uneven distribution of working time, which the employer can introduce only by means of a collective agreement or in agreement with the employees’ representatives. 

 

Under the working time account, the difference between the established weekly working time and the employee’s actual time worked must be settled and the compensation period for such an account may not exceed 30 months. The average weekly working time, including the regular working time account and overtime work, may not exceed 48 hours in a maximum period of 12 months. Labour Code Act No. 311/2001 Coll.Labor Code, 2001, § 87a.

 

Flexible Working Hours

Flexible working hours is a method of equal or uneven distribution of working hours, which the employer may introduce by collective agreement or in agreement with the employees’ representatives.

 

The flexible working period shall apply as a working day, a working week, a four-week working period, or another working period. The length of the work shift when applying flexible working hours can be a maximum of 12 hours. The employer shall determine the fixed beginning and end of the work shift. Labour Code Act No. 311/2001 Coll. , § 88.

 

On-Call Work

The employer may order the employee or agree with the employee to perform the necessary tasks to stay outside the work schedule and beyond the specified weekly working time resulting from the predetermined working time schedule for a specified time at the agreed place and be ready to perform the work according to the employment contract, such work is called on-call time.

 

The time during which the employee stays at the workplace and is ready to perform work but does not perform the work is the inactive part of on-call time, which is considered as working time.

 

For each hour of inactive part of the on-call time at the workplace, the employee is entitled to a wage in the amount of a proportional part of the basic wage component, but at least in the amount of the minimum wage in euros per hour according to the special regulation which governs the activities. 

 

If the employer and the employee agree to provide compensatory leave for the inactive part of the on-call time at the workplace, the employee shall be entitled to the proportional part of the wage and an hour of compensatory leave for the hour of this on-call time; the employee is not entitled to a salary for the time of drawing the compensatory leave.

 

The time during which the employee stays at an agreed place outside the workplace and is ready to perform work but does not perform work is the inactive part of on-call time, which is not included in working time. For each hour of inactive part of the on-call time outside the workplace, the employee is entitled to compensation in the amount of at least 0.72 euros.

 

The time the employee performs work during on-call time is the active part of on-call time, and it is considered as overtime work. The employer may order on-call time for a maximum of 8 hours per week and a maximum of 100 hours per calendar year. Above this range, on-call time is permissible only in agreement with the employee.

 

Compensation for loss of time – The employer may agree in a collective agreement or with the employees’ representatives that for a working trip outside the schedule of work changes, which is not overtime or on-call time, the employee is entitled to an agreed cash compensation or compensatory leave in the number of his average earnings. Labour Code Act No. 311/2001 Coll., § 96, 96b.

 

Recording Requirement

The employer is obliged to keep records of working time, overtime work, night work, active part, and inactive part of the employee’s on-call time so that the beginning and end of the time period in which the employee performed work or had ordered or agreed on-call time is recorded. Labour Code Act No. 311/2001 Coll., § 99.

Overtime

Overtime work is work performed by an employee on the order of the employer or with his consent over a specified weekly working time resulting from a predetermined schedule of working hours and performed outside the scope of the schedule of work changes.

 

Overtime work for an employee should not exceed on average 8 hours per week in a period of 4 consecutive months and at the most 12 consecutive months which has been agreed via a collective agreement. An employee’s average weekly working time including overtime should not exceed 48 hours.

 

The number of hours of maximum permissible overtime work in a year does not include overtime work for which the employee received compensatory leave or which he performed during urgent repair work or work without which the risk of an accident at work or large-scale damage could arise according to a special regulation.

 

An employee can perform overtime work up to the maximum extent of 150 hours in a calendar year and can voluntarily work for a maximum of 400 hours of overtime.

 

Pay – Employees are entitled to regular wages and a wage surcharge of 25 percent of average earnings for overtime work and 35 percent of the average earnings in case of hazardous activities.

 

An employer may, in agreement with employees, provide time off in lieu, no later than 4 calendar months following the month in which the overtime work was performed, in which case the employee will not be entitled to wage surcharge for the overtime work. Labour Code Act No. 311/2001 Coll., § 97 and 121. 

Night Work

Night work is a work shift that is performed within the time period between 22:00 hours and 06:00 hours. An employee is said to work in the night shift if the work is performed for consecutive 3 hours at night or 500 hours at night in a calendar year.

 

The employer shall schedule the established weekly working time for a night employee in such a way so that the average length of work shift does not exceed 8 hours in a maximum of 4 consecutive calendar months while calculating the average length of night shift work is based on a five-day working week.

 

Unless the employer agrees otherwise in writing with the employee, the employer may not schedule working hours so that the employee works night shifts for two consecutive weeks, unless the nature of the work or the operating conditions allow the working hours to be scheduled differently.

 

Pay – An employee shall be entitled to a wage benefit of at least 1.43 euros for night work in addition to the wage earned for each hour of night work, and shall be entitled to a wage benefit of at least 1.79 euros in the case of an employee performing risky work.

 

In the case of an employer who, due to the nature of the work or the operating conditions, requires the majority of the work to be performed as night work, a lower amount of wage premium may be agreed, which shall be at least 1.25 euros, via a collective agreement, or employment contract in the case of an employer who does not have a trade union. Labour Code Act No. 311/2001 Coll., § 98. 

Breaks

An employer should provide an employee whose work shift is longer than 6 hours with a break for rest and eating for a duration of 30 minutes. Breaks should not be provided at the beginning and end of shifts and shall not be calculated in working time.

 

In the case of work that cannot be interrupted, the employee must be provided with adequate time to rest and eat without interruption of operations or work. Such breaks shall be paid breaks. Labour Code Act No. 311/2001 Coll., § 91.

 

Daily Rest

An employer must ensure that an employee should have a minimum rest duration of 12 consecutive hours within 24 hours.

 

This rest may be reduced to 8 hours for an employee in continuous operations, in shift work, in urgent agricultural work, in urgent repair work, in order to avert a danger to employee’s lives or health, and in emergencies. If the employer shortens the minimum rest, he is obliged to provide the employee with an additional 12 hours of continuous compensatory rest within 30 days. Labour Code Act No. 311/2001 Coll., § 92.

 

Weekly Rest

An employer should provide an employee 2 consecutive days of continuous rest per week, which must fall on Saturday and Sunday or on Sunday and Monday. If the nature of the work and the operating conditions do not allow the weekly rest to be allocated as stated above, 2 consecutive days of continuous rest during the week shall be provided on other days of the week.

 

The employee may in accordance with an agreement with the employee’s representatives or in agreement with the employee agree to one of the following modes for providing weekly rest if the nature of work and the operating conditions do not allow allocation for weekly rest described above – 

      • The employee has at least 24 hours of uninterrupted rest once a week, which should fall on a Sunday, with the employer being obliged to provide the employee with additional uninterrupted rest during the week within 8 months from the date on which the uninterrupted rest during the week was to be granted, or
      • The employee shall have at least 35 hours of uninterrupted rest once a week, which shall be for the Sunday and part of the day preceding Sunday or for part of the day following Sunday.

The employee shall be granted at least 24 hours of uninterrupted rest every 2 weeks, which should fall on a Sunday, with the employer being obliged to provide the employee with additional uninterrupted rest during the week within 4 months of the date on which the uninterrupted rest during the week was to be granted.

Work On Rest Days

Premium for work on Saturday

In addition to the regular wage, the employee is entitled to a wage benefit of at least 1.79 euros for the work on Saturday for each hour of work on Saturday.

 

However, it is possible for an employee who, due to the nature of the work or operating conditions, is required to work regularly on Saturday, agree on a lower amount of additional wage benefit, at least € 1.61 euros per hour via a collective agreement, employment contract in the case of an employer who does not have a trade union.

 

For night shift workplaces, for the purposes of payment for work, the Saturday shall begin with the hour corresponding to the onset of the shift, which begins as the first-morning shift in the working week and shall end 24 hours after the start of the shift.

 

Premium for work on Sunday

In addition to the regular wage, the employee is entitled to a wage benefit of at least 3.58 euros for each hour of work on Sunday.

 

However, it is possible for an employee who, due to the nature of the work or the conditions of operation, work is required to be regularly performed on a Sunday, a lower amount of wage benefit may be agreed, but should be at least 3.22 euros, via a collective agreement, employment contract in the case of an employer who does not have a trade union. Labour Code Act No. 311/2001 Coll., § 93, 122a and 122b. 

Public Holidays

Employees are entitled to the following 15 public holidays with pay:

      • Jan. 1: Day of the Establishment of the Slovak Republic
      • Jan. 6: Epiphany
      • Good Friday
      • Easter Monday
      • May 1: Labor Day
      • May 8: Victory Over Fascism Da
      • July 5: St. Cyril and Methodius Day
      • Aug. 29: Slovak National Uprising Anniversary
      • Sept. 1: Day of the Constitution of the Slovak Republic
      • Sept. 15: Day of Our Lady of Sorrows
      • Nov. 1: All Saints’ Day
      • Nov. 17: Struggle for Freedom and Democracy Day
      • Dec. 24: Christmas Eve after 12 pm
      • Dec. 25: Christmas Day
      • Dec. 26: St. Stephen’s Day

On public holidays, the employee may be ordered only the work that can be ordered on the days of continuous rest of the employee during the week, work in continuous operation and work required to guard the employer’s premises.

 

Pay – If an employee works on a public holiday, they are entitled to an hourly wage surcharge of 100 percent surcharge on the average earnings or time off in lieu calculated on the basis of each hour worked on the public holiday. Such time off in lieu must be provided by the employer within 3 months from the day when such work was performed.

 

Public Holiday coinciding with weekend – The 100 percent surcharge shall also be applicable to the work performed on a holiday, which falls on the day of continuous rest of the employee during the week. 

 

If a public holiday falls on a normal working day, and the employee does not work on such a day, they shall be entitled to compensation of wages in the amount of his average earnings, if he has missed the salary for the holiday. Labour Code Act No. 311/2001 Coll, § 94 & 122. 

Annual Leave

An employee who has been in the continuous employment of an employer and has worked for the full calendar year is entitled to 4 calendar weeks of paid leave, and employees who are aged 33 years or above and have permanent childcare responsibilities will be entitled to 5 weeks of paid leave. The holiday week is seven consecutive days.

 

Employees who do not work for the full calendar year but have worked for at least 60 days in continuous employment are entitled to 1/12th of the total annual leave entitlement for each month worked.

 

An employee who is not entitled to annual leave or a proportional part of it because he did not work for the same employer for at least 60 days in a calendar year shall be entitled to one-twelfth of the annual leave for each of the 21 days worked in the relevant calendar year.

 

Employees in the teaching and training profession are entitled to 8 weeks of paid leave. 

 

Additional Leave – Employees who perform particularly difficult or health-endangering work, will be entitled to the supplementary paid holiday of 1 week. But, if the work is performed under such conditions for only part of the calendar year, then employees will be entitled to 1/12 of supplementary paid holiday for every 21 days so worked. 

 

Compensation cannot be granted for untaken additional leave; this leave must be exhausted.

 

For an employee who has flexible working hours, the days for annual leave shall be calculated in accordance with the average length of working time per day based on the established weekly working time. In this case, a working week is considered a 5 day work week. 

 

Shortening of holidays

An employee who has fulfilled the condition of at least 60 days in the calendar year for which the leave is granted, the leave for such employees may be reduced by 1/12th for the first 100 missed working days and by 1/12th for each additional 21 missed working days, provided that in that calendar year, the employee did not work because of performance of extraordinary service in a period of crisis or alternative service in time of war and martial law, drawing parental leave(childcare leave till the age of 3), long-term release for the performance of a public function and for the performance of a trade union function important personal obstacles at work. Employees whose employment with the same employer lasted during the entire calendar year shall be granted leave for at least 1 calendar week.

 

The employee’s leave is not reduced for the period of temporary incapacity for work caused by an accident at work or occupational disease for which the employer is responsible, and for the period of maternity leave and parental leave (Father taking care of the newborn child).

 

The employer may reduce the employee’s leave by 1-2 days for unjustified missed working days. Unjustified missed working days that were shorter than the total working hour shall be added up. The leave to which entitlement arose in the calendar year concerned shall be reduced only for reasons arising in that year.

 

The termination of the current employment relationship and the immediately following establishment of a new employment relationship with the same employer is also considered to be a continuous duration of the employment relationship.

 

Employees must be granted at least 4 weeks of annual leave in a calendar year if they qualify for it and there are no obstacles on the employer side to prevent granting of leave. However, if leave is granted in several parts, at least one part must be for at least 2 weeks, unless the employee and the employer agree otherwise. The employer is obliged to notify the employee of the use of leave at least 14 days in advance. This period may exceptionally be shortened with the consent of the employee.

 

In case a public holiday falls within the scheduled annual leave period, it is not calculated in the period of annual leave. If the employer assigns the employee compensatory leave for overtime work or regular work on a holiday so that it would fall on a holiday, he is obliged to provide him with compensatory leave on another day.

 

If the employer does not determine the employee’s time to take the annual leave by the 30 June of the following calendar year or that lets the employee take the leave by the end of this calendar year, the employee may determine the use of leave. The employee is obliged to notify the employer in writing of this use of leave, at least 30 days in advance; this period may be shortened with the consent of the employer.

 

If the employee cannot take leave due to illness or injury, public functions, being deployed in armed forces, treatment of a sick family member, by the end of the following calendar year, the employer shall grant such an employee, the untaken leave which could not be taken due to the onset of such events. 

 

Pay – The employee is entitled to compensation of wages in the amount of his average earnings for the taken leave. For the part of the leave that exceeds four weeks of the basic amount of leave, which the employee could not take until the end of the following calendar year, the employee is entitled to compensation of wages in the amount of his average earnings.

 

For an unused four weeks of the basic amount of leave, the employee may not be paid compensation or wages, unless the employee could not take this leave due to the termination of employment. Labour Code Act No. 311/2001 Coll, § 100 -117.

Minimum Wage

Effective January 1, 2021, the minimum monthly wage is 623 euros, and the minimum hourly wage is fixed at 3.580 euros.

 

 

 

The above information on minimum wages might not be up to date & subject to change. Kindly access the Eurostat website for the current rates.

Special Leave

Sick Leave

The employer is required to pay the employee during the first 10 days of sick leave. The employee is paid in the following manner – 

 

Employers shall pay the employee 25% of the employee’s daily rate of pay for the first 3 days of sick leave and 55% percent of the daily rate of pay from the 4th to the 10th day of the sick leave. Thereafter, the employee is entitled to sick pay from the 11th day from the Social Insurance Agency. Entitlement to sickness benefits expires on the day following the end of temporary incapacity for work, no later than the end of the 52nd week after the onset of temporary incapacity for work.

 

Employees are entitled to 7 days per year of paid leave for treatment or assessment in a medical facility. Employees shall be granted additional leave without compensation for the time strictly necessary if the examination or treatment could not be carried out outside working hours.

 

Paid leave shall be provided to an employee if a family member is to be escorted to a medical facility for examination or treatment in the event of sudden illness or injury and for a predetermined examination, treatment, or cure for a maximum of 7 days in a calendar year if the escort was necessary and the same could not be performed outside working hours. Paid leave shall also be provided for escorting a disabled child to a social care facility or special school, for a maximum of 10 days per calendar year. Social Insurance Act, 461/2003, § 34, 37, 144.

Maternity Leave

A woman employee is entitled to maternity leave of 34 weeks which starts between the 6th & 8th week before the date of delivery. A single mother shall be entitled to 37 weeks of maternity leave. Such leave shall be extended to 43 weeks if the employee gives birth to 2 or more children.

 

If the woman employee uses less than 6 weeks of maternity leave before the birth, because the birth occurred earlier than specified, the maternity leave shall be due from the date of commencement until the expiry of the duration of the leave. 

 

If a woman takes less than 6 weeks of maternity leave before giving birth for another reason, she shall be granted maternity leave from the date of birth only until 28 weeks have elapsed. A single woman shall be granted maternity leave until 31 weeks and a woman who has given birth to two or more children at the same time shall be granted maternity leave until 37 weeks have elapsed.

In case, the child born is dead, a woman employee is entitled to 14 weeks of maternity leave.

 

If the child has been taken into care by a nursing home or other medical institution for health reasons and the parents start working, for the time being, maternity leave and parental leave will be interrupted at the earliest 6 weeks after the date of birth. The unexhausted part of it is provided to the employee later, but not longer than 3 years of age of the child.

 

If a child dies while a woman is on maternity leave or the parents are on parental leave, they shall be granted such leave for a further 2 weeks from the date of the child’s death, at the latest until the child reaches the age of 1 year.

 

Pay – Employees shall be paid via social security insurance law. 

 

Employees shall also be granted paid leave for the necessary time for preventive medical examinations relating to pregnancy if the examination or treatment could not be carried out outside working hours. Also, male employees shall be granted paid leave for the necessary time to transport the child’s mother to the medical facility and back.

 

Breastfeeding Break 

An employer shall provide two 30 minutes breaks to a mother who is breastfeeding her child in addition to the regular break time until the end of the 6 months of age, and also provide a 30 minutes breastfeeding break in the following 6 months. 

 

The breaks may be combined and granted at the beginning or end of the work shift. If a mother works part-time but more than half the designated weekly working time, such an employee will be granted a 30-minute break for each child up to the end of 6 months of age. 

 

Breastfeeding breaks shall be paid and reimbursed in the amount of the employee’s average earnings. Labour Code Act No. 311/2001 Coll. § 166 – 169, 170, 144.

 

Another insured person who takes care of a child and who has been insured for at least 270 days before applying for maternity leave is entitled to maternity leave during the period 28 weeks from the admission of maternity, 31 weeks from maternity confession, if single, or 37 weeks from maternity leave if caring for two or more children at the same time.

 

The right to the maternity of another insured person expires at the latest upon reaching the age of 3 of the child. The leave may be taken by – 

      • the father of the child, if the mother of the child has died,
      • the father of the child, if, according to a medical opinion, the mother cannot or will not care for the child due to her unfavorable state of health lasting at least one month and the mother does not receive maternity or parental allowance unless the child has been entrusted to the mother by a court decision,
      • the spouse of the child’s mother, if, according to the child’s medical report, the mother cannot or cannot care for her unfavorable state of health, which lasts for at least one month, and the mother does not receive maternity or parental allowance,
      • the father of the child, at the earliest six weeks after the date of birth, and the mother does not receive maternity pay for the same child or parental allowance,
      • the wife of the father of the child, if he is caring for a child whose mother has died, or
      • a natural person if he or she is caring for a child by a decision of the competent authority.

Pay – Employees shall be paid via social security insurance law. Social Insurance Act, 461/2003, § 49, 169.

Paternity Leave

Parental leave shall be granted to employees up to the age of 3. In the case of a child’s long-term unfavorable health condition requiring special care, the employer is obliged to grant parental leave to either parent who makes the requests until the day on which the child reaches the age of 6. This leave is granted to the extent requested by the parent, but usually for at least 1 month. 

 

The employer may agree with the employee that parental leave may be granted no later than the day on which the child reaches the age of 5 and, in the case of a child with a long-term unfavorable medical condition requiring special care, no later than the day the child reaches the age of 8 years. Fathers are entitled to parental leave same as mothers’ maternity leave.

 

In the case of a child with a long-term adverse health condition requiring special care, parental leave shall be granted for a period of 8 years from the date of termination of maternity leave or from the date of taking a child over 3 years, until the child reaches the age of 6.

 

In cases where the child dies during maternity or parental leave, the employees are entitled to a further 2 weeks of leave from the day of the death of the child or maximum until the child would have reached one year of age.

 

Pay – Employees shall be paid via social security insurance law. Labour Code Act No. 311/2001 Coll., § 166.

Adoption Leave

Employees who adopt or foster a child are entitled to leave for up to 28 weeks. A single man and woman are entitled to leave up to 31 weeks and an employee (male or female) having taken the care of two or more children is entitled to leave for 37 weeks.

 

Further parental leave can be provided until the child is 3 years old or in cases where the child at the time of adoption was already 3 years old until the child reaches 6 years of age. Labour Code Act No. 311/2001 Coll., § 169.

Marriage Leave

Employees are entitled to 1 day’s paid leave to be married and 1 days’ time off from work without wage compensation shall be granted for the employee to attend the wedding of their child or parent. Labour Code Act No. 311/2001 Coll., § 141 (2) (e).

Bereavement Leave

Employees are entitled to 2 days’ paid leave following the death of a spouse or a child and another day to attend the funeral. Employees are entitled to 1 day’s paid leave to attend the funeral of a close relative (e.g., parent, sibling, parent or sibling or spouse or spouse or sibling). 

 

Employee shall be granted paid leave for the necessary period of time, not exceeding 1 day, to attend the funeral of the employee’s grandparent or grandson, or the grandparent of his spouse, or another person who does not belong to the said relatives but lived with the employee at the time of death in the household, and the next day if the employee arranges for the funeral of those persons. Labour Code Act No. 311/2001 Coll., § 141 (2) (d).

Other Leaves
      • An employee shall be granted paid leave for a maximum of 1 day if the weather makes it impossible to travel to work by individual means of transport used by an employee with a disability.
      • Unpaid leave shall be granted for unforeseen interruptions or delays in regular public transport; if the employee has not been able to reach the place of work by other appropriate means.
      • Unpaid leave for a maximum period of 1 day shall be granted for relocation of an employee who has his own home furnishings; in the event of moving to the same municipality, and unpaid leave for 2 days for moving to another municipality. If such relocation occurs due to the request, or need of the employer, such leave shall be compensated. 
      • Paid leave shall be granted for 1.5 days a week during the notice period for finding a new job before the end of the employment relationship. Leave with compensation of wages shall be provided upon termination of employment by notice given by the employer. 
      • Leave for personal sickness of an employee, for transferring the mother of a newborn child, and leave for escorting sick family members or disabled children to medical facilities may be combined with the consent of the employer. 

Labour Code Act No. 311/2001 Coll., § 141.

Last updated on: October 13th, 2021