Template for a work performance agreement and a work activity agreement
Work performance, work activity or student work agreement under the Slovak Labour Code
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Dohoda o vykonaní práce
- I. Zmluvné strany
- II. Pracovná úloha
- III. Miesto výkonu práce
- IV. Doba, na ktorú sa dohoda uzatvára
- V. Rozsah práce
- VI. Odmena a jej splatnosť
The Slovak Labour Code recognises three agreements on work performed outside an employment relationship: the work performance agreement, the work activity agreement and the student work agreement. Small companies use them more often than an employment contract, because they cover work that is short, irregular or seasonal.
The difference between the first one and the other two lies in how the work is defined. A work performance agreement is defined by a result, that is by a specific task to be completed. A work activity agreement and a student work agreement are defined by the type of work and cover occasional activity.
Everything else follows from that: the cap on hours worked, when the remuneration falls due and how the agreement ends. All three must be in writing or they are invalid, and none of them can be concluded for an indefinite period.
Who needs this document
- Companies that need a specific one-off job done, such as clearing a warehouse or taking stock
- Businesses with a fluctuating need for help at weekends, on public holidays or during a season
- Employers taking on secondary school pupils and full-time university students for holiday work
- Farms and businesses with seasonal work under Annex 1b to the Labour Code
- Anyone currently paying for irregular help without a written agreement
What the document must contain
- Identification of the employer and of the employee
- The work task for a work performance agreement, or the agreed type of work for the other two
- The agreed remuneration for the work performed
- The period for which the agreement is concluded; it cannot be concluded for an indefinite period
- The scope of the work or the agreed scope of working time
- For a student work agreement, confirmation of pupil or student status, which forms an inseparable part of it
- Written information on the days and time slots in which the employer may require work, and the notice period for announcing it
Legal basis
Labour Code
The agreements are governed by § 223 to § 228a. The duties of both parties, the ban on overtime and on-call time, the minimum predictability of work and the cap on damages are common to all three. Each agreement sets its own scope, payment date and method of termination.
Copyright Act
It determines what cannot be covered by these agreements: activities protected under the Copyright Act are excluded from them.
Most common mistakes
An agreement for design, copywriting or programming
§ 223(5) of the Labour Code states that these agreements cannot be concluded for activities protected under the Copyright Act. A logo, a photograph, an article and a computer program all fall within that. Such work belongs in a licence agreement or a contract for work instead.
An agreement used instead of an employment contract
Under § 223(1) of the Labour Code an employer may conclude these agreements exceptionally, and only for work defined by a result or for occasional activity. Regular full-time work every day is neither, and calling it an agreement does not make it one.
Exceeding the cap on hours
A work performance agreement is capped at 350 hours per calendar year and, under § 226(1) of the Labour Code, work done for the same employer under another work performance agreement counts towards that cap. A work activity agreement is capped at 10 hours per week, a student work agreement at 20 hours per week on average.
An oral agreement
All three agreements must be concluded in writing or they are invalid. The employer must also give the employee one copy.
No information on when work will take place
Under § 223a of the Labour Code the employer must give the employee written information on the days and time slots in which work may be required, and on the notice period for announcing it, which cannot be shorter than 24 hours. If work is then cancelled at shorter notice, the employee is entitled to at least 30 % of the remuneration.
Ordered overtime and on-call time
On-call time and overtime can neither be ordered nor agreed with an employee working under one of these agreements. Working time cannot exceed 12 hours within 24 hours, or 8 hours for a juvenile employee.
An agreement with no end date
An agreement can be concluded for at most 12 months, or at most 8 months for a work activity agreement covering seasonal work. The period is a required element, so it cannot be left out to be settled later.
Frequently asked questions
How many hours can be worked under a work performance agreement?
At most 350 hours per calendar year. Work done for the same employer under another work performance agreement counts towards that figure, so splitting the work across two agreements does not get around the cap. The agreement itself can be concluded for at most 12 months.
What is the difference between a work performance agreement and a work activity agreement?
A work performance agreement is defined by a result, that is by a specific task, is capped at 350 hours per calendar year, and the remuneration falls due once the work is completed and handed over. A work activity agreement is defined by the type of work, is capped at 10 hours per week, and the remuneration must be paid by the end of the month following the month in which the work was done.
Can I hire a designer, a copywriter or a programmer under one of these agreements?
No. The Labour Code excludes activities protected under the Copyright Act from these agreements. Such work belongs in a licence agreement or a contract for work, where the scope of use of the result can also be agreed.
Who can be engaged under a student work agreement?
A secondary school pupil or a full-time university student who has not reached the age of 26. Work can be performed until the end of the calendar year in which they turn 26. Confirmation of that status forms an inseparable part of the agreement.
How does the agreement end?
Under a work performance agreement the task must be completed within the agreed period, otherwise the employer may withdraw from the agreement; the employee may withdraw if the task cannot be performed because the employer failed to create the agreed working conditions. A work activity agreement and a student work agreement can be ended by agreement of the parties or by notice without stating a reason, with a 15-day notice period.
How much does an employee pay for damage they cause?
For damage caused by negligence, compensation cannot exceed one third of the actual damage and at the same time cannot exceed one third of the remuneration agreed for performing the work. The employer is liable to the employee for damage suffered while performing the work in the same way as towards an employee in an employment relationship.
Is work on a public holiday paid more?
Yes. For every hour worked on a public holiday the employee is entitled to the agreed remuneration increased by at least the hourly minimum wage under separate legislation.
Agreement on work outside employment for your business
You fill in your company details and the document is ready in under a minute.
Generate the document