Employment Contract.

  1. Establishment of Employment Contract.Employment relationships are established through a written employment contract between the employer and the employee. The employer is obligated to provide the employee with one written copy of the employment contract.The employment contract must include essential details agreed upon between the employer and the employee, including:
    • The nature of the work for which the employee is hired and its brief description.The place of work (municipality, part of a municipality, or otherwise designated place) or places of work if there are multiple, or a provision stating that the employee determines the place of work.The start date of employment (the employment relationship begins on the agreed-upon start date in the employment contract).Salary conditions, if not specified in a collective agreement (the salary must not be lower than the minimum wage established by specific regulations).
    Additionally, besides the essential details, the employer can also agree on other working conditions of mutual interest with the employee (payment terms, working hours, vacation duration, notice period). If these working conditions are covered by a collective agreement, a reference to the collective agreement is sufficient.The employer is required to provide written information to the employee about their working conditions and employment conditions, at least including the following data, if not already included in the employment contract:
    • Method of determining the place of work or specifying the main place of work if multiple places of work are agreed upon in the employment contract.Designated weekly working hours, information about the arrangement of working hours including anticipated working days and rest periods according to specific regulations, the scope and timing of breaks, uninterrupted daily rest, and uninterrupted weekly rest, rules for overtime work including salary benefits for overtime work.Vacation duration or the method of determining it.Salary due date and payment, including payment terms.Rules for terminating the employment relationship, notice period duration, or the method of determining it if unknown at the time of providing information, the deadline for filing a lawsuit to determine the invalidity of termination of the employment relationship.Right to professional training provided by the employer, if applicable, and its scope.
    If the place of work is outside the territory of the Slovak Republic, the employer must also agree with the employee on the place of work in the state or states outside the territory of the Slovak Republic and the duration of work in the state or states outside the territory of the Slovak Republic.
  2. Probationary Period. A probationary period, lasting up to three months, can be agreed upon in the employment contract. For leading employees under the direct authority of the statutory body or a member of the statutory body and leading employees under the direct authority of this leading employee, the probationary period can be up to six months. The probationary period must be agreed upon in writing; otherwise, it is invalid.According to the Labor Code, a probationary period longer than half of the agreed-upon duration of the employment relationship cannot be agreed upon for an employee with a fixed-term employment relationship. The probationary period cannot be extended. If the employee has not worked the entire work shift during the agreed-upon probationary period due to an obstacle on their side, the probationary period is extended by one day.
  3. Fixed-Term Employment Relationship. A fixed-term employment relationship can be agreed upon for a maximum of two years. The fixed-term employment relationship can be extended or re-agreed upon within two years, a maximum of twice.Further extension or re-agreement of the fixed-term employment relationship is only possible for the following reasons:a) Replacement of an employee during maternity leave, paternity leave, parental leave, leave immediately following maternity leave, paternity leave, or parental leave, temporary incapacity to work, or an employee who has been long-term released for the performance of public or trade union functions.b) Performance of work where it is necessary to substantially increase the number of employees for a temporary period not exceeding eight months in a calendar year.c) Performance of work dependent on the rotation of seasons, repeated every year and not exceeding 8 months in a calendar year (seasonal work).d) Performance of work agreed upon in a collective agreement.
  4. Concurrent Employment Relationships. According to the Labor Code, it is possible to conclude several employment relationships for a specified weekly working time. However, there are specific rules when entering into multiple employment relationships simultaneously:
    • If the employer agrees to several employment relationships with the same employee, they can only be concluded for activities involving different types of work; the rights and obligations from these employment relationships are assessed separately.
    • An employee, while employed in a job under an employment relationship, may engage in other gainful activities of a competitive nature to the subject of the employer’s business only with the prior written consent of the employer.
    • Juvenile employees under 16 years old have a maximum weekly working time of 30 hours, even if they work for multiple employers. The maximum working time for all employers together.
  5. Questions and Answers. What obligations does an employer have when employing a foreigner (in the territory of the Slovak Republic)?An employer with its registered office in the territory of the Slovak Republic, hiring a citizen of the EU, or an employer established in the territory of another Member State who sends its employee to work in the territory of the Slovak Republic, is obliged to inform the relevant labor, social affairs, and family office about the creation of an employment relationship or posting to work. This obligation must be fulfilled in person or by mail no later than seven working days from the employee’s start of work.The competent labor offices will be the offices according to the place of work, even in the case of multiple workplaces. Therefore, a separate form should be submitted for each place of work.The same obligation applies to the employer when terminating the employment relationship or posting to work.Under what conditions can an employer hire a foreigner (a third-country national)?An employer can employ only a third-country national who:
    • Holds a Blue Card of the European Union.Has been granted temporary residence for the purpose of employment based on a certificate of the possibility of filling a vacant job.Has been granted a work permit and temporary residence for the purpose of employment.Has been granted a work permit and temporary residence for the purpose of family reunification.Has been granted a work permit and temporary residence for a third-country national who has been granted the status of a long-term resident in the European Union member state.Meets the conditions according to ยง 23a of Act No. 5/2004 Coll. – no certificate of the possibility of filling a vacant job or work permit is required.
    A third-country national under letters a) to e) can be employed only under an employment contract.