Termination of Employment Convention, 1982 (No. 158) - Slovakia (Ratification: 2010)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2(4) and (6) of the Convention. Exclusions. Civil servants. The Committee notes the information provided by the Government in response to its comments regarding the provisions of the Act on the Civil Service affording protection to civil servants that is at least equivalent to the protection afforded under the Convention. The Government refers to sections 46–54 and 55–58 of Act No. 400/2009 governing the termination of civil servants, including their entitlement to compensation in case of unlawful termination. According to Act 400/2009, the employment contract can be terminated only where: an agreement exists; notice has been given (only when the employee is unable to perform his or her duties due to health reasons); the position has been cancelled and no alternative position is available or the employee does not agree to transfer to another position; if the employee does not fulfil his or her work obligations; if the employee has repeatedly violated discipline despite the employer’s warnings. Pursuant to section 51 of Act No. 400/2009, the contract may also be terminated with immediate effect if the employee has seriously violated discipline or has been convicted of a crime. The Committee requests the Government to provide information on the manner in which these provisions are applied in practice.

Articles 7, 9(3), 10 and 11. Procedures prior to or at the time of termination. Serious Misconduct. Application of the Convention in practice. The Government indicates that, pursuant to section 77 of the Labour Code, employees may challenge the validity of the termination of the employment relationship by filing a complaint with the court within a period of two months from the claimed date of the termination of the employment relationship. The Government indicates that, in order to better protect employees, an amendment to the Labour Code increased the amount of wage compensation awardable from 12 to 36 months. In regard to cases of serious misconduct, the Committee notes the Government’s reference to Supreme Court decisions issued in 2009 and 2011 in which the Supreme Court held that the termination for serious misconduct was invalid. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including copies of court rulings concerning questions of principle relating to the application of the Convention or summaries of those court rulings, as well as available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified terminations, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided upon) and on the number of terminations, for economic or similar reasons, in the country.

Article 12. Severance allowance. In response to the Committee’s previous comments, the Government indicates that workers whose contracts are terminated due to entire or partial dissolution of the employer, due to the employer’s relocation or because the employee is made redundant, are mandatorily entitled to severance pay under section 76(1) and (4) of the Labour Code. The Committee further notes that section 76(8) of the Labour Code provides that an employer may pay an employee a severance allowance in cases other than those laid down in section 76(1) and (4). The Government indicates that all workers, regardless of the reasons for termination, are entitled to social security benefits.

Articles 13 and 14. Consultation of workers’ representatives and notification of the competent authorities. The Committee notes the information provided by the Government on the support services provided by the offices of the Ministry of Labour, Social Affairs and the Family in relation to collective redundancies, including undertaking active communication with the employer to mitigate the adverse effects of the redundancies and assisting the workers concerned to find suitable alternative employment. The Government indicates that the Ministry is currently developing a new statistics system which will monitor labour-related statistics centrally. The Committee requests the Government to provide information on the manner in which Article 13(a) is applied, particularly what information the employer must provide to workers’ representatives and how far in advance of the contemplated terminations such information must be provided. Please also indicate whether and to what extent workers’ representatives are given an opportunity for consultations on measures to be taken to avert or to minimize the impact of the terminations.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Slovakia in its observations concerning the application of the Convention.

Article 2(4) and (6) of the Convention. Exclusions. Civil and public servants. The Committee notes the detailed information provided by the Government in reply to its 2012 direct request. With respect to exclusions, the Government indicates that civil and public servants are granted protection by virtue of Act No. 200/2009 on the Civil Service and are thereby excluded from the application of the Labour Code. The Committee requests the Government to provide information on the relevant provisions of the Act on the Civil Service affording protection to civil servants that is at least equivalent to the protection available under the Convention.

Article 7. Procedure prior to, or at the time of, termination. The Government indicates that the written notice required by section 63(1)(d)(4) of the Labour Code with respect to the employee’s performance is a precondition of termination and must contain concrete information illustrating how the employee does not fulfil the tasks which are directly related to the work responsibilities specified in the employment contract and why the employer considers it that way. It also indicates that the period given to the employee to rectify the insufficiencies has to be reasonable and the employee’s work results are required to be measurable, objective and recoverable. The Committee notes that if the employer sets a very short deadline, or none at all, the notice would be invalid. The Committee requests the Government to continue to provide information on the practical application of the Labour Code with regard to the workers’ opportunity to defend themselves against the allegations made prior to termination, including examples of the leading court decisions pertaining to this issue.

Article 9(3). Operational requirements of the undertaking. The Government refers to section 63(1)(b) of the Labour Code on the notice of redundancy given by the employer and indicates that a decision motivated by organizational changes must be done in writing. It adds that the entry into force of the organizational change should not occur after the notice has been given to the employee. Referring to Supreme Court decisions of 2003 and 2008, the Government further indicates that the causal link between the organizational change and the employee made redundant has to be proved by the employer in case of a trial. The Committee requests the Government to continue to provide information concerning this provision of the Convention, including court decisions examining the employer’s reasons for termination related to the operational requirement of the undertaking.

Article 10. Adequate compensation. The Committee notes that amendments made to the Labour Code in 2012 increased the period for which an employee could receive wage compensation. It notes from section 79(2) of the Labour Code that a court may reduce the employer’s obligation to pay wage compensation in excess of 12 months. Wage compensation cannot be awarded for a period over 36 months. The Committee requests the Government to provide practical information on the differences in compensation awarded by courts for unjustly dismissed workers.

Article 11. Serious misconduct. The Committee once again requests the Government to provide copies of the leading court decisions pertaining to serious misconduct.

Article 12. Severance allowance. The Government refers to section 76(7) of the Labour Code which stipulates that an employer may pay an employee a severance allowance in cases other than those provided for in section 76(1) and (2). These latter provisions relate to terminations for the reasons set out in section 63(1)(a) or (b), namely terminations for economic reasons, or for the long-term inability to perform work due to medically certified ill health. Noting that the wording of section 76(7) does not appear to create a legal entitlement to severance, the Committee requests the Government to provide specific information on whether a worker whose employment has been terminated for reasons due to conduct or performance is entitled to a severance allowance or other separation benefits (Article 12(a)) or benefits from unemployment insurance or assistance or other forms of social security (Article 12(b)), or a combination of such allowance and benefits (Article 12(c)).

Articles 13 and 14. Consultation of worker representatives. Notification to the competent authority. The Government refers to section 73(2) and (3) of the Labour Code which provides that the employer shall inform the Office of Labour, Social Affairs and Family at least one month before the commencement of the collective redundancies, including information on the reasons, the number, structure, the period of time of the redundancies, as well as the names and addresses of those affected. The Committee notes that section 73(7) of the Labour Code provides that the Office of Labour, Social Affairs and Family must seek solutions to the problems raised by the projected collective redundancies. The Committee requests the Government to provide information on the practical application of section 73 of the Labour Code, including examples of measures taken to mitigate the adverse effects of terminations of employment for economic, technological, structural or similar reasons.

Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, copies of court rulings concerning questions of principle relating to the application of the Convention and available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided upon) and on the number of terminations for economic or similar reasons in the country.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s first report on the application of the Convention received in August 2012. It also notes the observations made by the Trade Union Confederation of the Slovak Republic (KOZ SR) and the Government’s response in November 2011. It notes that the provisions of the Convention are given effect primarily through the Labour Code, Act No. 311/2001, as amended by later regulations. The Government indicates that court procedures relating to decisions on the validity of the termination of the employment relationship, questions of proof and the burden of proof are regulated by the Code of Civil Procedure. The Committee invites the Government to include in its next report information on the manner in which the Convention is applied in practice, including, for example, copies of court decisions with respect to questions on the burden of proof in cases of termination of employment (Article 9(2) of the Convention), and available information on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons in the country (Part V of the report form).

Article 2(4) and (6). Exclusions. Workers employed by temporary employment agencies. Civil and public servants. The Committee understands that the Government intends to exclude employees falling under section 58 of the Labour Code from the application of the Convention, that is, workers employed by temporary employment agencies. The Committee notes that Slovakia ratified the Private Employment Agencies Convention, 1997 (No. 181), on the same date as this Convention. The Committee further notes that a temporary employment agency may agree with an employee in writing to be temporarily assigned to perform work for another legal person or natural person (a using employer). It also notes the provisions of the Labour Code which apply to workers employed by temporary employment agencies. The Committee refers to its comments on Convention No. 181. With respect to other possible exclusions, section 2(1) and (2) of the Labour Code provides that this Act shall apply to legal relations in the civil service performance and public function performance only where so stipulated by special regulations. The Committee invites the Government to provide in its next report information on how civil and public servants are provided protection that is at least equivalent to the protection afforded under the Convention.

Article 7. Procedure prior to, or at the time of, termination. The Committee notes that section 63(6) of the Labour Code provides that, if the employer intends to give a notice to an employee on grounds of breach of labour discipline, it must acquaint the employee with the reasons and enable the employee to give a statement regarding the matter. With respect to the worker’s performance, section 63(d)(4) of the Labour Code states that an employer may give notice to an employee if the employee does not satisfactorily fulfil the work tasks after receiving a written notification in the preceding two months allowing the employee to rectify the insufficiencies within a reasonable period of time. The Committee invites the Government to provide information on the practical application of the Labour Code with regard to the workers’ opportunity to defend themselves against the allegations made prior to termination.

Article 9. Operational requirements of the undertaking. The Committee notes that section 77 of the Labour Code provides that an employee may claim in court the invalidity of termination of an employment relationship by notice, immediate termination, termination within a probationary period or by agreement. The Committee invites the Government to specify in its next report whether courts are empowered under section 77 of the Labour Code to determine whether the termination was based on the operational requirements of the undertaking and the extent to which courts are empowered to decide whether these reasons justify the termination.

Article 10. Adequate compensation. The Committee notes that section 79(2) of the Labour Code provides that, if the overall time for which an employee should be paid wage compensation exceeds nine months, the employee shall be entitled to wage compensation for a period of nine months. KOZ SR believes there should be no limitation to the period for which an employee can receive wage compensation. The Government indicates that wage compensation for nine months under section 79(2) of the Labour Code can be deemed appropriate relief. It adds that, under section 79(1), the court may also grant reinstatement unless it finds that the employer is not legally required to continue employing the worker. The Committee invites the Government to provide further information in its next report regarding the adequacy of compensation for unjustly dismissed workers.

Article 11. Serious misconduct. The Committee notes that, under section 68(1) of the Labour Code, an employer may terminate an employment relationship with immediate effect in exceptional cases, only if the employee has been lawfully convicted of a deliberate crime or has committed a serious breach of labour discipline. The Committee invites the Government to provide copies of the leading court decisions pertaining to this issue concerning Article 11 of the Convention.

Article 12. Severance payments. The Committee notes that section 76(1) of the Labour Code provides that an employer shall pay an employee a severance allowance if the employment relationship is terminated for the reasons set out in section 63(1)(a) or (b), which apply to terminations for economic reasons, or because the employee’s health condition has, according to a medical opinion, caused the long-term loss of the ability to perform the employee’s present work. The severance allowance referred to in section 76 does not appear to cover workers whose employment has been terminated for reasons other than those specifically mentioned in the provision, such as reasons due to conduct or performance. The Committee invites the Government to indicate whether severance payments are due to workers whose employment has been terminated for reasons due to conduct or performance.

Article 14(3). Minimum period of notification to the competent authority. The Government indicates in its report that the employer shall consult with the Office of Labour, Social Affairs and Family on measures that could help to avoid or reduce collective dismissals, in particular the conditions for maintaining employment, the possibility to place the released employees with other employers and the possibility for the released employees to find jobs if they undergo further training. The Committee invites the Government to indicate how the minimum period of time referred to by the provision is specified in national laws or regulations.

[The Government is asked to reply in detail to the present comments in 2014.]