Termination of employment by employer (Výpoveď daná zamestnávateľom)

What

1. The employment can be terminated by the employer:

• by agreement;
• by giving notice;
• by immediate dismissal;
• by termination during the probationary period.

2. The employment established for a definite period of time terminates upon expiry of the agreed period.
3. Unless otherwise terminated, the employment of a foreigner or a stateless person shall terminate

• upon cessation of his/her residence in Slovakia under an enforceable decision on withdrawal of the residence permit;
• upon entry into force of a court decision ordering the expulsion of the person from the Slovak Republic;
• upon expiry of the period for which the permit for residence in the country was issued.

4. The employment ceases upon the death of the employee.

Who

The employer may dismiss an employee only for the following reasons:

a) if the employer or part thereof is wound up or relocated;

b) if the employee becomes redundant by virtue of the employer or competent body issuing a written resolution on change in duties, technical equipment or reduction in the number of employees with the aim of securing work efficiency, or on other organisational change;

c) a medical opinion states that the employee’s health condition has caused the long-term loss of his/her ability to perform his/her previous work or if he/she can no longer perform such work as a result of an occupational disease or the risk of such disease, or if he/she has already reached the maximum permitted level of exposure in the work place as determined by a decision of a competent public health body;

d) the employee 1. fails to meet the preconditions set by legal regulations for the performance of the agreed work; 2. ceases to fulfil the requirements under Article 42(2); 3. fails to fulfil due to no fault of the employer, the requirements for the proper performance of the agreed work determined by the employer in internal regulations; or 4. does not satisfactorily fulfil the work tasks, and the employer has in the preceding six months challenged him in writing to rectify the insufficiencies, and the employee failed to do so within a reasonable period of time;

e) if there are reasons on the part of the employee, for which the employer might immediately terminate the employment relationship with him/her, or by virtue of less grave breaches of labour discipline; for less grave breaches of labour discipline, the employee may be given a notice if, with respect to breach of labour discipline, he/she has been cautioned in writing within the previous six months as to the possibility of notice.

An employer may give an employee notice, unless given on grounds of unsatisfactory fulfilment of working tasks, for less serious breach of labour discipline or for reasons for which immediate termination of employment relationship is applicable, only in case where

a) the employer does not have the possibility to further employ the employee, not even for a reduced working time, at the place which was agreed as the place of work performance;

b) the employee is not willing to shift to other work suitable for him offered to him/her by the employer at the place of work agreed as the place of work performance or undertake the necessary training for this other work.

An employer, due to breach of labour discipline or for a reason for immediate termination of employment relationship, may give notice to the employee only within a period of two months from the day the employer learnt about the reason for notice, and, in the case of a breach of labour discipline abroad, within two months from the employee´s return from abroad, this always within one year from the day when the reason for notice occurred.

Where, within the period of two months stipulated in paragraph (3), the employee´s conduct in which breach of labour discipline may be witnessed becomes the subject of proceedings of another body, notice may still be given within two months from the day when the employer learnt about the outcome of such proceedings.

If the employer intends to give a notice to an employee on the ground of breaching the labour discipline, he/she shall be obliged to acquaint the employee with the reason and enable him/her to give his/her statement on this.