Yesterday (31.03.2020), the Government of the Slovak Republic approved an amendment to the Labor Code (and other labor related regulations), which should be subject to approval by the National Council of the Slovak Republic in the coming days. It cannot be ruled out that some adjustments will still be made, but we consider the new norm so important that we are bringing you a brief summary of the planned changes already at this stage so that you can take them into account when planning your near future business activities. The anticipated effectiveness of the changes is the date of publication of the amendment in the Collection of Laws.

The most important changes, all of which are introduced exclusively for the so-called extraordinary-situation / emergency situation, state of emergency and within two months of their end:

1. New home office rules

During the time when measures to prevent and spread transmissible diseases or measures to protect public health are in place (ergo in the current situation):

a)  the employer shall be entitled to impose the home office work, if the agreed type of work so permits;

b)  the employee has the right to request the home office work; if the agreed type of work permits and there are no serious operational reasons on the part of the employer that do not allow it.

2. Imposing time spent on obstacles

If an employee is provided wage compensation due to obstacles pursuant to § 142 of the Labor Code or as specified in point 6 below, the employer may request the employee to work for the time for which the employee was entitled to such wage compensation. Work duty may be imposed up to a maximum of 400 hours per calendar year and it must happen no later than 12 months from the date on which the obstacle to work occurred. This time is not included in the average weekly working time. The employee is entitled to the wage for this work.

From the Explanatory Notes to the Amendment: Employees will be paid the wage they earn during this time, but they will not be granted wage benefits for overtime work or compensatory leave (which was "granted" earlier).

3. Notification of working time schedule

The period is reduced to 2 days in advance (currently one week in advance), it is possible to agree on a shorter period.

4. Imposing vacation

The period is reduced to 7 days in advance; in case of unused vacation form the last year - 2 days in advance

5. Quarantine, isolation, caring for family member = incapacity for work (sick leave) from the perspective of the Labor Code

6. Compensation of wages in case of obstacles at work

In case of the following obstacles on the part of the employer which result in employees unable to work

a)  stop or restriction of the employer's activities based on decision of the competent authority; or

b)  stop or restriction of the employer's activity as a result of a declared extraordinary situation/state of emergency

the employee is entitled to a wage compensation amounting to 80% of his average salary, but at least to the minimum wage.

From the Explanatory Notes to the Amendment: The provision is also linked to the employment support mechanisms (subsidies) and therefore the lowest limit of the employee's wage compensation is set to 80% of the employee's average monthly salary.