Employment law update – Slovakia
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Minimum wage to increase in 2015
Subject to Government agreement, from 1 January 2015 the minimum wage will increase to:
- monthly minimum wage - EUR 380 (currently EUR 352)
- hourly minimum wage - EUR 2.184 (currently EUR 2.023).
Minimum wage rates for more complex jobs will also be increased.
Improved regulation of seconded (agency) workers
Subject to approval by Parliament, from 1 January 2015 the regulation of seconded (agency) workers will become stricter:
- The secondment period may be no longer than 24 months, during which it may be prolonged or renewed up to five times;
- Failure to comply with the above limits will automatically result in an unlimited contract of employment between the seconded employee and the employer, subject to the conditions set out in the original secondment agreement. A seconded employee may be made redundant if his or her secondment ends before the expiry of the agreed secondment period;
- Employers (apart from employment agencies dealing with temporary workers) may only second employees to end users after they have completed three months’ continuous service;
- Secondment may not be used to carry out ”4th category” (hazardous) work;
- Seconded employees who do not receive a salary comparable to that of a permanent employee in the company to which he or she is seconded will be entitled to receive a supplementary payment.
Commentary
The new rules should prevent the abuse of agency employees and ensure they receive standard employment conditions during their secondment. Most significant is the introduction of a minimum payment for the seconded employee, to ensure they are not unfavourably treated. Companies will need to ensure that they keep full and accurate records of all seconded staff to manage their liabilities under these new regulations.
Resources
Draft amendment to Act No. 311/2001 Coll., the Labour Code
Draft government regulation stipulating the amount of minimum salary for 2015
For further information or to discuss any of the issues raised, please contact Andrea Olšovská on +421 (0) 232 333 232 or Veronika Hrušovská on +421 (0) 232 333 232 at PRK Partners – www.prkpartners.com.
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