May 2018 – If your company publicly advertises available job positions or considers the employment of non-EU nationals in Slovakia, the below overview may be helpful. This article provides information on changes to the Slovak Labour Code that you should keep in mind after 1 May 2018. The new rules not only apply to vacancy advertisements or the employment of non-EU nationals, but also affect remuneration for work performed by employees during weekends, public holidays and night shifts.
Advertisement of job positions
In order to make the recruitment process more transparent, the amended Labour Code introduces a new requirement for the advertising of job positions. As of 1 May 2018, advertisements of vacancy shall include information about the base salary offered. Such requirement applies to all forms of advertisement including online advertising, posters or billboards.
When signing an employment agreement with a successful candidate, the agreed base salary must not be lower than the one advertised.
Employers may be fined up to approximately EUR 33,000 if the advertisement of a job position does not include information about the base salary offered. If the base salary agreed in the labour contract is lower than the one advertised for the vacant position, the fine may reach up to EUR 100,000.
Remuneration for work on weekends, holidays and at night
Under the previous version of the Labour Code, employers did not have to pay wage supplements for work performed during weekends. Employees were entitled to a supplement of 50% of the average wage for the work performed during public holidays and 20% of the minimal hourly rate for work performed at night.
Parliament took a somewhat political and paternalistic view that the necessity to work during weekends interferes with family life and thus should be awarded by with salary supplements. The intent appears to be to try and lower the volume of work performed during weekends and public holidays.
As per the new Labour Code, wage supplements shall increase gradually in two phases. In the first phase - as of 1 May 2018 - wage supplements shall be as follows:
(i) at least 25% of minimum hourly wage for work during Saturdays;
(ii) at least 50% of minimum hourly wage for work during Sundays;
(iii) at least 30% of minimum hourly wage for work during night shifts, (i.e. work shifts between 10 p.m. and 6 a.m.);
(iv) at least 35% of minimum hourly wage for work during night shifts in case of high-risk jobs.
In the second phase - as of 1 May 2019 - wage supplements shall increase as follows:
(i) at least 50% of minimum hourly wage for work during Saturdays;
(ii) at least 100% of minimum hourly wage for work during Sundays;
(iii) at least 40% of minimum hourly wage for work during night shifts;
(iv) at least 50% of minimum hourly wage for work during night shifts in case of high-risk jobs.
If work must be performed during Saturdays, Sundays or during night due to its very nature or inevitable operating conditions, employers may agree on lower supplements in (i) a collective agreement or (ii) directly in employment agreements, if the employer has less than 20 employees and does not have a trade union organisation.
Such reduced wage supplements as of 1 May 2018 must be at least as follows:
(i) 20% of minimum hourly wage for work during Saturdays;
(ii) 40% of minimum hourly wage for work during Sundays;
(iii) 25% of minimum hourly wage for work during night shifts (possibility to agree on reduction of wage supplement for night shifts will not be possible for high-risk jobs).
In case of work during public holiday, the ‘old’ wage supplement of at least 50% of the average wage has been increased to at least 100% of the average wage of the respective employee.
Employment of non-EU nationals
As of 1 May 2018, new rules on employment of non-EU nationals apply. To compensate the shortage of a qualified workforce in Slovakia, parliament has decided to liberalise the rather strict conditions for the employment of non-EU nationals, which were in many cases impossible to meet. Employment of non-EU nationals remains conditional upon consent of the local labour office. However, under the new rules, obtaining such consent should be easier and quicker, provided that the relevant job is listed within the job positions that face workforce shortages identified by the Central Labour Office and is to be created in a district where the unemployment rate is below 5%.
These liberalised rules do not apply to employers who breached the ban on illegal employment within the past two years of an application for the employment of a non-EU national.
For more information please contact Adam Hodoň, Partner, at , Roman Oleksik, Partner, at , or Dáša Labašová, Associate, at .