Termination

Slovak Republic
Grounds
Grounds for termination of employment by the employer are strictly determined by the Slovak Labor Code. In other cases, it is possible to terminate the employment only on the basis of a mutual termination agreement.
Employees subject to termination laws
All.
Restricted or prohibited terminations
An employer cannot give termination notice to an employee during a protected period – that is, when:
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An employee has been recognized as incapable of work due to illness or injury
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An employee has been summoned to carry out an extraordinary duty during a crisis situation
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An employee is released to undergo voluntary military training
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An employee is pregnant, or on maternity, paternity or parental leave
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An employee who is a single (or lone) parent has been taking care of a child below 3 years of age
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An employee has been released to pursue public office or
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An employee carrying out night work has been medically certified as incapable of night work.
Third-party approval for termination/termination documents
Termination of employment with notice or with immediate effect by the employer must be pre-negotiated with the employee representatives (if any), otherwise it is invalid. In case of termination of a member of the employer's employee representative body, the prior consent of the employee representatives is required.
An employer may provide a termination notice to a disabled employee only with the prior consent of the competent Office of Labor, Social Affairs and Family, otherwise the termination notice is invalid. Such consent is not required if notice is given to an employee who has reached the determined age for eligibility to old-age pension, or the employer is being wound-up or relocated, or there are reasons based on which the employer could terminate the employment with immediate effect or due to a less serious breach of work discipline.
Mass layoff rules
Information and consultation rules apply where at least 10 employees in a business with at least 20 up to 100 employees are to be terminated within 30 days. In businesses with 100 to 300 employees, the threshold is 10 percent of the number of the employees and, in a business with more than 300 employees, at least 30 employees.
The employer must negotiate the mass layoff with the employee representatives, inform the Office of Labor, Social Affairs and Family and provide a list of the employees to be terminated. After negotiation, the employer must deliver written information about the negotiation outcome to both the Office of Labor, Social Affairs and Family and the employee representatives.
Termination Notice
An employer may give termination notice to an employee only due to reasons explicitly stipulated by the Slovak Labor Code. The reasons for termination include, for example, winding up or relocation of the employer, redundancy of the employee, lack of medical fitness, failure to satisfy the requirements of the agreed work and dissatisfactory performance of work tasks.
The length of the notice period depends on the length of the employment and the termination reason and varies between 1 and 3 months.
Statutory right to pay in lieu of notice or garden leave
No statutory right to pay in lieu of notice or garden leave.
Severance
An employee whose employment is terminated by the employer by means of termination notice, for organizational reasons (eg, redundancy, winding-up) or due to the employee´s health is entitled to severance pay amounting to 4 times their average monthly earnings, depending on the length of their employment.
Where the employment is terminated by mutual termination agreement for the same reasons as above, the employee is entitled to severance pay amounting to 1 to 5 times their average monthly earnings, depending on the length of their employment.
If an employee is terminated by termination notice or by mutual termination agreement due to a workplace injury, occupational disease or the threat of such disease, or if the maximum permissible exposure (eg, to hazardous substances) in the workplace has been reached, they are entitled to severance pay in the amount of at least 10 times their average monthly earnings.