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How will the new posted workers’ rules affect those living and working in Slovakia?

Written by
NITSCHNEIDER & PARTNERS largest boutique firm focusing on HR law.
Authors
Danica Valentová
NITSCHNEIDER & PARTNERS
Slovakia
09.02.21
3
New working rules apply to posted workers in Slovakia since 30 July 2020. This article provides details
Core mandatory national rules

The ‘core’ of Slovak law that will always apply to employment conditions, regardless of the length of posting, was expanded. However, the application of more favorable employment conditions according to the law of a different Member State or EEA Member is not excluded.

Long-term posting rules

After 12 months, Slovak Labour Code, labour laws, including collective agreements automatically apply to all posted workers. There are exceptions for: 

The establishment, creation and termination of an employment relationship;performance of other earning activities after the termination of employment; andlimits on earning activity after the termination of employment. 

The 12-month period can be extended to 18 months on submission of a reasoned notification by the service provider addressed to the National Labour Inspectorate before the end of the 12-month period.

 

In addition to already existing mandatory conditions (e.g. relating to vacation and maximum working time), the following new major mandatory conditions were adopted: minimum wage, minimum wage claims, wage benefits for overtime work, work on holidays, weekend work, night work, other obligatory components of wages and vacation payments;working conditions for pregnant women, mothers until the end of the ninth month after childbirth, breastfeeding women and adolescent employees;temporary assignment of employees, wage conditions and conditions of employment of a temporarily assigned employee; accommodation provided by the employer;reimbursement of travel expenses, accommodation and meal expenses during business trips or trips to the regular workplace in Slovakia. 

Calculating time periods

If another posted employee performs the same task at the same place, the cumulative duration of the two postings periods will be considered for calculating the 12 or 18-month period. ‘The same task at the same place’ will be considered taking into account, inter alia, the nature of the service provided, the nature of the work performed, and the address of the workplace.

 

If posting started prior to 30 July 2020, it will be deemed as started on 30 July 2020. Information requirements: A new information requirement related to posted workers from abroad to Slovakia is introduced. The Slovak user company must inform the service provider (from a Member State or the EEA) of the employment conditions, including wages, and the conditions for employing an employee comparable to the posted worker. 

Information requirements

A new information duty related to posted workers from abroad to Slovakia is introduced. The Slovak user company must inform the service provider (from a Member State or the EEA) whether the posted worker will be working in another Member State or in the EEA.

 

Allowances and expenses

If a Slovak employee is posted to a Member State, he or she is entitled to compensation to the extent and in the same amount as during a business trip abroad, unless he or she is entitled to more favorable compensation under the law of the Member State to which he or she is posted.

Penalties: Non-compliance with the new obligations described above may lead to a fine of up to EUR 100,000 and if breached seriously up to EUR 200,000.



Mitigating circumstances

A service provider can invoke mitigating circumstances in the context of a breach of the posting rules if the posting conditions are not set out on the official websites of Slovak state authorities, however, this is not explicitly implemented in the Slovak laws.