CORONAVIRUS / Rights of the Employees in Slovakia - FAQ

07 April, 2020 

Author: Xenia K. / Proofread by: Sherry R. -  www.iproofing.net 

This article is supervised by Gabriela Čičmancová - HR Manager in VGD Slovakia

 

Q1: Can my employer send me home pre-emptively?

Yes, they can. It is considered a barrier on the employer´s side and therefore the employee is entitled to get the full salary. In companies, where the employees´ representatives are elected, the paycheck can be reduced to 60% of the wage assessment basis.

If your company is closed as a result of governmental measures, the state will reimburse your employer at 80% of your salary - this has been approved by the government recently. The technicalities are still to be defined.

Q2: Does my employer have the right to reassign me to other work?

Yes, the employer has the right to reassign an employee to other work than that agreed upon, without the employee´s consent, if it is necessary to avert an emergency or to mitigate the immediate consequences,  for the time that is necessary.

Q3: Can my employer force me to go on holiday?

Employees should agree on when they take holidays. Your employer can order you to take up to 2 weeks of your vacation allowance, but you need to be informed of this at least 7 days beforehand, unless you agree on a different arrangement with your employer.

Q4: Can I be forced to use my overtime hours?

No, your employer cannot force you to use overtime hours to compensate for an absence at work due to lockdown or quarantine.

Q5: What should I do if I need to stay at home to take care of my child?

In that case, you can claim the so-called ´OCR´ and receive compensation from the social insurance. You will be paid 55% of your wage assessment basis by the state,  until the schools are closed. You are eligible for this compensation up to 11 years of your child´s age (10 Y + 364 days).  There is no need to ask your child´s doctor to confirm the documents, you can arrange everything yourself at the Social Insurance Agency (Socialna poistovna). You just need to fill in the form available on their webpage:

https://www.socpoist.sk/opatrenia-socialnej-poistovne-v-suvislosti-s-novym-koronavirusom/68337s

Q6: What should I do when being in quarantine?

Individuals, who are on a temporary sick-leave (PN) due to coronavirus quarantine, do not need to visit a doctor or deliver the confirmation of the illness to the Social Insurance Agency. Just notify your doctor that you are in quarantine and they will deliver the documents to the Social Insurance Agency for you.

For other persons, who are not diagnosed as being temporarily sick due to coronavirus quarantine, but are ill with an unrelated diagnosis - e.g. flu, bronchitis etc., the process remains unchanged. You need to visit a doctor.

 Q7: Is the economic crisis caused by Covid-19 a valid reason to lay off employees?

Yes, it is, as business restructuring is a valid reason to lay off employees.  But, the rules governing this process and stated in either, the Collective Bargaining Agreement (if a Trade Union exists in your company) or the Labor Code, must be followed, even during a pandemic.

Q8:  What can I get from the employer when laid off?

It depends a lot on the reason for the dismissal and how long you have been working for this employer.  It can add up to as much as a 3 months notice period and 3 months severance payment.