What an employer needs under Slovak law
For sole traders and companies hiring their first employee, a student worker or someone on a work agreement, and for those who have employed people for longer and want to check they have everything.
The law as at
The Labour Code wants most steps in writing, and when the employer does not keep to that the act is often invalid: the probationary period, the work agreement and the notice alike.
The first obligation is not in the Labour Code at all. The employer has to register in the register of employers of the Social Insurance Agency and register the employee there before they start work.
Checklist of obligations
10 items. Each gives the provision it comes from and, where we have a template for it, a link to it.
Registration with the Social Insurance Agency
The employer registers in the register of employers no later than the day before the day it starts employing its first employee. It registers the employee in the register of insured persons no later than before the employee starts the activity, including for work on an agreement.
§ 231(1)(a) and (b) and § 4 of Act 461/2003 Coll.
A written employment contract
An employment relationship is established by a written employment contract, and the employee receives one copy. The contract has to contain the type of work and a short description of it, the place of work, the start date and the pay conditions.
§ 42(1) and § 43(1) of the Labour Code
Written information on working conditions
Whatever is not in the employment contract, the employee receives in separate written information: working time and when pay is due within seven days of the start of employment, the amount of leave and the rules for ending employment including the notice period within four weeks.
§ 47a(1) and (2) of the Labour Code
A probationary period only in writing
A probationary period can only be agreed in the employment contract and only in writing, otherwise it is invalid. It is at most three months, and six for managers reporting directly to the statutory body. In a fixed-term employment it may not be longer than half of its agreed duration.
§ 45(1), (2) and (4) of the Labour Code
Agreements on work outside employment
A work performance agreement, a work activity agreement and a student work agreement all have to be concluded in writing, otherwise they are invalid, and for at most 12 months. A work performance agreement is capped at 350 hours in a calendar year, a work activity agreement as a rule at 10 hours a week. These agreements may not be concluded for activities protected by the Copyright Act.
§ 223(5) and § 226(1) and (2) of the Labour Code, § 228(1) and (2) and § 228a(1), (3) and (4) of the Labour Code
Agreement on material liability
If an employee is to be liable for a shortfall in entrusted cash, goods or stock without the employer having to prove their fault, a written agreement on material liability is needed; a verbal one is invalid. The employee is released from liability if they prove the shortfall arose through no fault of theirs.
§ 182(1) to (3) of the Labour Code
Non-compete after employment ends
It can only be agreed in the employment contract, for at most one year, and only if the employee can obtain information or knowledge that is not commonly available and whose use could cause the employer substantial harm. For each month of the restriction the employer pays at least 50 % of the employee's average monthly earnings.
§ 83a(1), (2), (4) and (8) of the Labour Code
Notice only on statutory grounds and in writing
An employer may give notice only on the grounds listed in the Labour Code, and has to describe the ground in the notice in factual terms so that it cannot be confused with another. The notice has to be in writing and delivered, otherwise it is invalid, and the ground cannot be changed afterwards.
§ 61(1) and (2) and § 63(1) of the Labour Code
Employment certificate and work reference
When employment ends the employer issues an employment certificate stating how long the employment lasted, the type of work performed and whether deductions are being made from pay, even if the employee does not ask for it. A work reference is issued within 15 days of the employee's request.
§ 75(1) and (2) of the Labour Code
Information on the processing of personal data
An employer processes a great deal of data about employees and therefore has to tell them, when it obtains the data, for what purposes, on what legal basis and for how long it processes it and to whom it discloses it, for example an accounting firm or the Social Insurance Agency.
Article 13 of Regulation (EU) 2016/679
Document templates
All templatesFill in each template with your own details and get a document under Slovak law.
What this list does not cover
The list is built on legislation whose wording we have verified against the Slov-Lex register. The areas below fall outside it and have to be dealt with elsewhere.
- Registration with the health insurer, calculating contributions and payroll
- Income tax on wages and the annual tax settlement
- Health and safety at work and the occupational health service
- Employing foreign nationals and posting employees abroad
Common misconceptions
A probationary period agreed verbally
A probationary period has to be agreed in writing, otherwise it is invalid. The employer then cannot end the employment during a probationary period and has to proceed as with an ordinary termination.
An agreement instead of an employment contract
Work agreements are for work defined by a result or for occasional activity, and an employer may conclude them only exceptionally. Regular full-time work every day does not belong in them, and calling the contract something else does not change that.
An agreement for a logo or a program
Work agreements cannot be concluded for activities protected by the Copyright Act, such as graphic design, an article or a computer program. Creative work belongs in a licence agreement or a contract for work.
Notice with a vaguely described ground
The sentence “for breach of work discipline” without saying what happened and when does not describe the ground in factual terms, and the notice is invalid. It cannot be added to or changed afterwards.
Registering the employee after they start
The employee has to be registered with the Social Insurance Agency no later than before they start the activity, not in the afternoon of the first day or at the end of the month.
Frequently asked questions
Do I need an employment contract for a student worker too?
Not necessarily. A secondary school pupil or a full-time university student can work on a student work agreement, others on a work activity agreement or a work performance agreement. These agreements also have to be in writing, and an employee on an agreement has to be registered with the Social Insurance Agency.
By when must an employee receive the information on working conditions?
Details of working time and of when and how pay is paid within seven days of the start of employment, details of leave and of ending employment within four weeks. If they are already in the employment contract, they do not have to be stated separately.
Can I extend the probationary period?
No, the Labour Code prohibits extending the probationary period. It extends only by itself, by one day, when the employee did not work a whole shift because of an obstacle on their side.