Template for a notice and an agreement terminating employment
Agreement, notice or termination during probation, with the notice period calculated
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 skončení pracovného pomeru
- I. Strany
- II. Pracovný pomer, o ktorý ide
- III. Dohoda strán
- IV. Deň skončenia pracovného pomeru
- V. Odstupné
- VI. Vyrovnanie záväzkov
The Slovak Labour Code recognises four ways an employment relationship ends: by agreement, by notice, by immediate termination and by termination during the probation period. A fixed-term relationship also ends when the agreed period expires.
An employee may give notice for any reason or without stating one. An employer may not: it may give notice only on the grounds the Act lists, and it must describe the ground so that it cannot be confused with another one. If it fails to do so the notice is invalid, and the ground cannot be changed afterwards.
Two figures are tables: the notice period, set by the length of employment and by the ground, and severance, set by the same. On an agreement, severance for the same ground is one average monthly earning higher than on a notice.
Who needs this document
- Employers abolishing a post because of an organisational change
- Companies that can agree terms with the employee and want them in writing
- Employees leaving for another job who need a notice with a defined notice period
- Employers ending employment during the probation period
- Anyone who needs to check exactly when the employment ends and whether severance is due
What the document must contain
- Identification of the employer and the employee, and of the employment relationship concerned
- For an employer's notice, a ground under the Labour Code and its factual description
- For an agreement, the day on which the employment ends
- For a notice, the length of the notice period and the date of delivery
- The entitlement to severance, or an express statement that none is due
- Settlement of obligations: return of entrusted items, wages and compensation for untaken leave
- One copy for the employee, both for an agreement and for a notice
Legal basis
Labour Code
The methods of termination are in § 59, agreement in § 60, notice in § 61, the notice period in § 62, the employer's grounds in § 63, the protection period in § 64, the employee's notice in § 67, the probation period in § 72 and severance in § 76.
Most common mistakes
A ground described in general terms
Under § 61(2) of the Labour Code the ground must be described factually so that it cannot be confused with another one, otherwise the notice is invalid. A sentence about a breach of work discipline, with no account of what happened and when, does not meet that. The ground also cannot be changed later, so it cannot be put right after delivery.
The notice period counted from delivery
The notice period starts running on the first day of the calendar month following delivery and ends on the last day of the relevant month. A two-month notice period on a notice delivered on 15 October therefore ends on 31 December, not on 15 December.
Notice given without having nowhere to place the employee
Where the employer or a part of it is being wound up or relocated, on redundancy, on health grounds and where the employee fails to meet requirements, § 63(2) allows the employer to give notice only if it has no possibility of continuing to employ the person, not even on shorter working time, or if the employee is unwilling to move to another suitable job it has offered. Without that the notice is invalid.
Severance overlooked on an agreement
Where employment ends by agreement on organisational or health grounds, severance is due under § 76(2) and in every band it is one average monthly earning higher than on a notice for the same ground. For employment shorter than two years an agreement carries one earning; a notice carries none.
Notice during the protection period
An employer may not give notice during temporary incapacity for work, during pregnancy, maternity, paternity and parental leave, or while a single employee is caring for a child under three. The exceptions are listed in § 64(3).
A missed deadline on a breach of discipline
Notice for a breach of work discipline can be given within two months of the day the employer learned of the ground, and at the latest within one year of the day it arose. For a less serious breach the employee must have been warned in writing of the possibility of notice in the preceding six months.
The abolished post filled again
After notice on redundancy the employer may not, under § 61(3), recreate the abolished post and hire another employee for it within two months. A fresh advertisement for the same position is the first thing produced in a dispute over the validity of the notice.
Frequently asked questions
How long is the notice period?
At least one month. If the employment had lasted at least a year on the day the notice was delivered, at least two months. Where the employer gives notice because it or a part of it is being wound up or relocated, on redundancy or for a long-term loss of capacity, it is at least three months once the employment has lasted at least five years.
When does the notice period start running?
On the first day of the calendar month following delivery of the notice, and it ends on the last day of the relevant calendar month. The day of delivery within the month therefore makes no difference to the outcome.
When is severance due and how much?
Where employment ends because the employer or a part of it is being wound up or relocated, on redundancy, or for a long-term loss of capacity under a medical assessment. On a notice, § 76(1) gives one average monthly earning for employment of two to five years, two for five to ten, three for ten to twenty and four from twenty years. Where the employee must not perform the work because of an occupational disease or the threat of one, § 76(3) gives at least ten times.
Is severance higher on an agreement than on a notice?
Yes, for the same ground it is one average monthly earning higher. Under § 76(2) an agreement carries one earning even where the employment lasted less than two years, and five from twenty years.
Does an employee have to state a reason when giving notice?
No. An employee may give notice for any reason or without stating one. The notice must still be in writing and delivered, or it is invalid.
Can a delivered notice be withdrawn?
Only with the other party's consent. Both the withdrawal and the consent to it must be in writing.
How does employment end during the probation period?
In writing, for any reason or without stating one. The notification should reach the other party at least three days before the day of termination as a rule. With a pregnant woman, a mother until the end of the ninth month after giving birth, a breastfeeding woman and a man on paternity leave it can be done only in exceptional cases unrelated to pregnancy or motherhood, and the termination has to be properly reasoned in writing.
Termination of employment for your business
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