Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Termination of Employment Convention, 1982 (No. 158) - Slovakia (Ratification: 2010)

The Committee notes the Government’s first report on the application of the Convention received in August 2012. It also notes the observations made by the Trade Union Confederation of the Slovak Republic (KOZ SR) and the Government’s response in November 2011. It notes that the provisions of the Convention are given effect primarily through the Labour Code, Act No. 311/2001, as amended by later regulations. The Government indicates that court procedures relating to decisions on the validity of the termination of the employment relationship, questions of proof and the burden of proof are regulated by the Code of Civil Procedure. The Committee invites the Government to include in its next report information on the manner in which the Convention is applied in practice, including, for example, copies of court decisions with respect to questions on the burden of proof in cases of termination of employment (Article 9(2) of the Convention), and available information on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons in the country (Part V of the report form).

Article 2(4) and (6). Exclusions. Workers employed by temporary employment agencies. Civil and public servants. The Committee understands that the Government intends to exclude employees falling under section 58 of the Labour Code from the application of the Convention, that is, workers employed by temporary employment agencies. The Committee notes that Slovakia ratified the Private Employment Agencies Convention, 1997 (No. 181), on the same date as this Convention. The Committee further notes that a temporary employment agency may agree with an employee in writing to be temporarily assigned to perform work for another legal person or natural person (a using employer). It also notes the provisions of the Labour Code which apply to workers employed by temporary employment agencies. The Committee refers to its comments on Convention No. 181. With respect to other possible exclusions, section 2(1) and (2) of the Labour Code provides that this Act shall apply to legal relations in the civil service performance and public function performance only where so stipulated by special regulations. The Committee invites the Government to provide in its next report information on how civil and public servants are provided protection that is at least equivalent to the protection afforded under the Convention.

Article 7. Procedure prior to, or at the time of, termination. The Committee notes that section 63(6) of the Labour Code provides that, if the employer intends to give a notice to an employee on grounds of breach of labour discipline, it must acquaint the employee with the reasons and enable the employee to give a statement regarding the matter. With respect to the worker’s performance, section 63(d)(4) of the Labour Code states that an employer may give notice to an employee if the employee does not satisfactorily fulfil the work tasks after receiving a written notification in the preceding two months allowing the employee to rectify the insufficiencies within a reasonable period of time. The Committee invites the Government to provide information on the practical application of the Labour Code with regard to the workers’ opportunity to defend themselves against the allegations made prior to termination.

Article 9. Operational requirements of the undertaking. The Committee notes that section 77 of the Labour Code provides that an employee may claim in court the invalidity of termination of an employment relationship by notice, immediate termination, termination within a probationary period or by agreement. The Committee invites the Government to specify in its next report whether courts are empowered under section 77 of the Labour Code to determine whether the termination was based on the operational requirements of the undertaking and the extent to which courts are empowered to decide whether these reasons justify the termination.

Article 10. Adequate compensation. The Committee notes that section 79(2) of the Labour Code provides that, if the overall time for which an employee should be paid wage compensation exceeds nine months, the employee shall be entitled to wage compensation for a period of nine months. KOZ SR believes there should be no limitation to the period for which an employee can receive wage compensation. The Government indicates that wage compensation for nine months under section 79(2) of the Labour Code can be deemed appropriate relief. It adds that, under section 79(1), the court may also grant reinstatement unless it finds that the employer is not legally required to continue employing the worker. The Committee invites the Government to provide further information in its next report regarding the adequacy of compensation for unjustly dismissed workers.

Article 11. Serious misconduct. The Committee notes that, under section 68(1) of the Labour Code, an employer may terminate an employment relationship with immediate effect in exceptional cases, only if the employee has been lawfully convicted of a deliberate crime or has committed a serious breach of labour discipline. The Committee invites the Government to provide copies of the leading court decisions pertaining to this issue concerning Article 11 of the Convention.

Article 12. Severance payments. The Committee notes that section 76(1) of the Labour Code provides that an employer shall pay an employee a severance allowance if the employment relationship is terminated for the reasons set out in section 63(1)(a) or (b), which apply to terminations for economic reasons, or because the employee’s health condition has, according to a medical opinion, caused the long-term loss of the ability to perform the employee’s present work. The severance allowance referred to in section 76 does not appear to cover workers whose employment has been terminated for reasons other than those specifically mentioned in the provision, such as reasons due to conduct or performance. The Committee invites the Government to indicate whether severance payments are due to workers whose employment has been terminated for reasons due to conduct or performance.

Article 14(3). Minimum period of notification to the competent authority. The Government indicates in its report that the employer shall consult with the Office of Labour, Social Affairs and Family on measures that could help to avoid or reduce collective dismissals, in particular the conditions for maintaining employment, the possibility to place the released employees with other employers and the possibility for the released employees to find jobs if they undergo further training. The Committee invites the Government to indicate how the minimum period of time referred to by the provision is specified in national laws or regulations.

[The Government is asked to reply in detail to the present comments in 2014.]