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Amendment to the Slovak Labour Code effective on September 1 st, 2011

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Extension of the probation period It is possible to agree with the employee’s representatives on an extension of the probation period in a collective agreement: maximum six months for standard employees maximum nine months for managing employees

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Page 1: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Amendment to the Slovak Labour Code effective on

September 1st , 2011

Page 2: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Probation Period

• maximum three months for standard employees,

• maximum six months for managing employees

Page 3: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Extension of the probation period

It is possible to agree with the employee’s representatives on an extension of the probation period in a collective agreement:

• maximum six months for standard employees

• maximum nine months for managing employees

Page 4: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Employment agreement for a definite period

• can be agreed for maximum three years

• may be entered into again or extended a maximum of three times in three years

Page 5: Amendment to the Slovak Labour Code effective on September 1 st, 2011

•one month if employee has worked for less than one year•two months- more than one year.

If the employer terminates the employment on economic ground (e.g. organisational changes) or on health grounds, the notice period is•three months if employee has worked for at least five years.

Notice period

Page 6: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Participation of trade union in employment termination

In the amendment an employer is no more liable for negotiating with employee’s representatives about employees discharching.

Page 7: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Compensation

• If the employer terminates the employment on organizational or health grounds,the employee can choose:

• the notice period of 1, 2 or 3 monthsor• compensation of an average salary for 1, 2 or 3

months.

Page 8: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Proportional compensation

An employee is allowed to take part of their notice period and part of their compensation if they agree on it with their employer

Page 9: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Compensation

An employee can be provided compensation in other cases, too.

Page 10: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Working time

An employee’s average weekly working time including overtime may not exceed 48 hours in case of a health or a managing employee, if an employee agrees with such a working time,

the extend of the weekly working time may not exceed 56 hours on average.

Page 11: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Continuous weekly rest

Once in two weeks for 24 hours of continuous rest in the week based on agreement with employee’s representatives, that should fall on Sunday, additionally provide continuous rest in the week within 4 months

Page 12: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Overtime

the maximum extent of overtime

• 400 hours in a calendar year  • 550 hours for managing employees, if they agreed to

the working time of 56 hours

Page 13: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Work standardization, flexi-account

• Changes and implementation of labor-consumption standards can be done upon negotiation with employee’s representatives, it was upon agreement before.

• Flexi-account implementation upon negotiation with employee’s representatives, it was upon agreement before.

Page 14: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Absence not accounted for

With regard to whether an unjustified absence from work is constituted, such shall be decided by an employer upon negotiation with employee’s representatives, it was upon agreement before.

Page 15: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Trade Union and Employee council

Trade Union has the right to collective bargaining, obligations of collective agreement fulfillment control, to carry out monitoring (§ 149) and to information,

The council has the right to join decision making, negotiation, information and monitoring.

Page 16: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Trade Union

• will have to prove at its creation that it represents at least 30 percent of

employeesthe one that operates at an employer will have to

prove this with effect from January 1st 2013at the employer’s request.

Page 17: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Collective agreement

- CA regulates advantageous working conditions,

but - it is possible to agree on less advantageous

ones in qualified provisions

Page 18: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Agreement with employee council

The agreement can be made only if there operates no trade union at the employer.

The agreement regulates working conditions in the same way as it is possible to agree in a collective agreement

but they are necessary to be applied even in a labor contract.

Page 19: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Employee’s representatives

Employee’s representatives protection – during a discharge of the function

only for six months after expiration of the term of office (the protection period was for 12 months)

Page 20: Amendment to the Slovak Labour Code effective on September 1 st, 2011

Thank you for your attention.