Legal Q&A · 08

Employment Law & HR — questions and answers.

42 answered questions on a subject we work on. Find related services in the catalogue: Employment Law & HR.

Answered by , Czech and Slovak attorney, admitted to the Slovak and Czech Bars (SAK 300422 · ČAK 19654).

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Questions about Employment Law & HR

  1. We engage self-employed tradespeople for projects in Czechia, where they work alongside our employees. Does this constitute disguised employment? Working with self-employed tradespeople on the same project does not in itself constitute disguised employment. It becomes illegal work when a tradesperson actually works as an employee: personally, under your company's instructions, in its name and in a subordinate position. What matters is how the arrangement operates in practice, rather than the contract for work or the trade licence. In Czechia, a company that allows such work faces a fine ranging from 50 000 Kč to 10 000 000 Kč.
  2. What may we ask a job applicant at an interview, and what questions are prohibited? You may ask about matters related to the work the applicant would perform, such as education, experience, skills and availability. Slovak law expressly prohibits requesting information about pregnancy, family circumstances, or political, trade union or religious affiliation. Czech law contains similar prohibitions. You may ask about a criminal record only where the law or the nature of the work requires a clean criminal record. If a rejected applicant presents facts to a court from which discrimination may reasonably be inferred, in Slovakia the company must prove that it did not breach the principle of equal treatment.
  3. How many times can we extend an employee's fixed-term contract? In Slovakia, you may extend or renew a fixed-term employment relationship no more than twice, and the total period must not exceed 2 years. Any further extension is possible only on statutory grounds, for example to cover an employee on maternity leave, and the reason must be stated in the employment contract. If you do not meet these conditions, the employment relationship is for an indefinite term. In Czechia, the limit is 3 years for each employment relationship and no more than two renewals, up to a total of 9 years.
  4. An employee is on long-term sick leave. Can we give them notice of termination? You generally cannot give an employee notice of termination while they are on sick leave. This is a protected period in both Slovakia and Czechia. The exceptions mainly concern the closure of the employer and breaches of the employee's duties, rather than the illness itself. Long-term sick leave is not a ground for giving notice. Options include an agreement to terminate employment or notice on health grounds after sick leave ends, if supported by a medical assessment.
  5. An employee in Czechia was not at home during sick leave when we checked. Can we give them notice of termination? You can, but only under strict conditions. The Czech Labour Code permits notice of termination if, during the first 14 calendar days of sick leave, an employee commits a particularly gross breach of the obligation to remain at their place of residence or comply with permitted outing times; the courts also require fault. Absence during a check does not necessarily mean that a breach has occurred. The employee must inform you of the reason for their absence no later than the working day after the check or after the day on which they learned of it. Instead of giving notice, you may reduce or withhold wage compensation, but you cannot impose both sanctions for the same breach.
  6. A doctor has prohibited an employee from continuing their current work. Must we reassign them, and what if they refuse other work? Yes. If a medical assessment finds that an employee has lost the capacity to perform their current work on a long-term basis, you must reassign them to other work and must no longer assign them their current duties. Without their consent, you may only reassign them to work that falls within the type of work agreed in their employment contract. Reassignment to a different type of work requires agreement. An employee who refuses a different type of work does not thereby breach workplace discipline. If they refuse suitable work offered to them, or you have no other work available, you may give them notice of termination on medical grounds, with severance pay if their employment has lasted at least 2 years.
  7. An employee reported an accident at work several days later, and we doubt that it happened at work. Must we record it? You cannot disregard the report simply because it was made late or you do not believe it. You must establish the cause and circumstances of the accident with the employee's involvement, enter the accident at work in your register and, if the incapacity for work lasts longer than 3 days, draw up a record of a registered accident at work within 8 days of learning of it. Support your doubts with the facts established. The Social Insurance Agency decides on accident benefits and is not bound by your statement that the incident was not an accident at work.
  8. How much overtime can we order employees to work, and what if they refuse? In Slovakia, you may order an employee to work no more than 150 hours of overtime in a calendar year. With their consent, they may work a total of no more than 400 hours of overtime, and overtime must not exceed an average of 8 hours per week over the reference period. In Czechia, no more than 8 hours per week and 150 hours per year may be ordered; further overtime requires agreement, and total overtime must average no more than 8 hours per week. Employees cannot refuse overtime ordered within the limits of the law. If the law does not permit it in the particular case, for example for a part-time employee or a pregnant employee, refusing it does not constitute a breach of duty.
  9. Is it enough to record how many hours an employee has worked in the attendance records? No. Both the Slovak and Czech Labour Codes require records showing the start and end of each period of work, with overtime, night work and on-call duty recorded separately. The Supreme Court of the Slovak Republic confirmed that neither an arrival and departure log that fails to distinguish overtime and night work nor a payslip can replace these records. You may choose the format yourself: paper or electronic. However, the records must be complete, clear and verifiable.
  10. What is written information on working conditions, and must we provide it in addition to the employment contract? Yes, if the employment contract does not already contain the prescribed information on working conditions. This is a written overview covering matters such as working hours, leave and the notice period. Information on the place of work, working hours and payment of wages must be provided within 7 days of the start of the employment relationship; information on leave, termination of employment and vocational training must be provided within 4 weeks. If the information changes, the employee must be informed in writing no later than the day the change takes effect, unless the change concerns only legislation or a collective agreement referred to in the information.
  11. We are sending employees to a project in Czechia. What must we arrange before they leave? Before departure, conclude a posting agreement with the employee and give them written information on the conditions applicable during the posting. Apply to the Social Insurance Agency for portable document A1; from July 2026, applications must be submitted exclusively electronically. Notify the Czech State Labour Inspection Office of the posting no later than the day work starts, and ensure that pay, working hours and annual leave comply with Czech minimum requirements.
  12. An employee wants to work from home in Czechia for our Slovak company. Where will we pay social security and health insurance contributions? Contributions are paid in one state, and the deciding factor is the proportion of work the employee performs from home in Czechia. If they work exclusively from home, Czech social security and health insurance contributions are payable, even though the company is based in Slovakia. If they work partly at home and partly in the Slovak office, they remain covered by the Slovak system where the proportion of work in Czechia is below 25 %, and generally move to the Czech system from 25 % upwards. Where they work from home for 25 % to less than 50 % of their working time, you and the employee may jointly apply for Slovak coverage under the Framework Agreement on cross-border telework.
  13. Our employees work from home. Must we reimburse their electricity and internet costs? In Slovakia, the law does not provide for flat-rate reimbursement of electricity and internet costs. For regular work from home, the employer reimburses demonstrably increased expenses associated with the employee’s own equipment if the conditions are agreed in the employment contract or a collective agreement. In Czechia, an employee in an employment relationship is entitled by law to reimbursement of remote-working costs, either in the amount substantiated or at a flat rate for each hour or part of an hour, if the flat rate is agreed or laid down in an internal policy. This entitlement may be excluded only by a prior written agreement.
  14. We employ Ukrainians with temporary protection. What happens when that protection ends? While temporary protection remains in force, you may employ a Ukrainian national without a work permit. After temporary protection ends, you may continue to employ them for up to one year if they were employed in Slovakia for at least six months immediately before it ended and their employment continues without interruption. From 15 July 2026, an employee with temporary protection may apply for temporary residence for employment purposes under a special procedure if they have been employed for at least six months. With that residence status, you may continue to employ them without a work permit.
  15. An employee is returning from parental leave, but her position no longer exists. What must we offer her? In Slovakia, you must assign her to her original job and workplace or, if that is not possible, to other work consistent with her employment contract, preserving all her rights. In Czechia, the obligation to assign an employee to their original job and workplace applies when they return from parental leave before the child's second birthday; otherwise, they are assigned work under their employment contract. If no work is available under the contract, the remaining options are an agreed amendment to the contract or notice of termination on grounds of redundancy, but only after parental leave has ended, provided no other protected period applies, and only where there is a genuine organisational change.
  16. How long is the notice period, and when does it start? The notice period is at least one month. If employment has lasted at least one year when notice is served, it increases to at least two months; for notice on organisational or health grounds after at least five years of employment, it is at least three months. The notice period always starts on the first day of the calendar month following service of notice.
  17. When am I entitled to severance pay, and how much? Statutory severance pay mainly applies when the employer terminates employment on organisational grounds (closure, relocation or redundancy) or health grounds. The amount increases with years of service, from one to four times average monthly earnings for termination by notice, or up to five times for termination by agreement. There is no statutory severance entitlement for dismissal for misconduct.
  18. How long can probation last, and how can employment end during it? Probation may last up to three months, or six for managerial employees directly reporting to the statutory body, and must be agreed in writing or is invalid. It cannot be extended. During probation, either employer or employee may terminate employment in writing for any reason or without giving a reason; notification should generally be served at least three days in advance.
  19. When may an employer terminate employment immediately? An employer may terminate employment immediately only exceptionally: where the employee has been finally convicted of an intentional criminal offence or seriously breached work discipline. It must act within two months of learning of the grounds and no later than one year after they arose. Protected employees, such as those on maternity or parental leave, cannot be dismissed immediately.
  20. Is a post-employment non-compete clause valid, and must compensation be paid? Yes, but under strict conditions. A post-employment restriction may be agreed for a maximum of one year and only with an employee who could have acquired sensitive knowledge. The employer must pay at least 50% of average monthly earnings for each restricted month; without compensation, the clause is invalid. Any contractual penalty must not exceed the total compensation.
  21. What limits apply to work agreements outside an employment relationship? The Labour Code recognises three agreements outside an employment relationship. An agreement to perform a task is limited to 350 hours per calendar year, a work activity agreement to no more than 10 hours per week, and a student temporary work agreement to an average of 20 hours per week. Each must be in writing or is invalid. Ordinary agreements may be concluded for a maximum of 12 months; a special work activity agreement for seasonal work is limited to 520 hours per calendar year and may last no more than 8 months.
  22. Can my wife or son help in the business without an employment contract? Yes, but only within a narrow exception. A direct-line relative, sibling or spouse may help an individual entrepreneur or a family s.r.o. with no more than two related members without a contract. The helper must also have pension insurance, receive a pension, or be a pupil or student under 26. Outside these conditions, the work is illegal employment carrying a fine from EUR 4,000.
  23. We registered an employee with the Social Insurance Agency late. Is this illegal employment? Not necessarily. Illegal employment arises only if you fail to register the employee within seven days after the deadline; registration before an inspection starts protects the company from this consequence. If the inspection precedes registration, the inspectorate must impose a fine. The delay itself may attract a less severe Social Insurance Agency fine.
  24. Are we liable if our supplier employs people illegally? You may be, in two ways. The law prohibits accepting work or services supplied through illegally employed people, for all supplies of labour and longer cross-border service provision; the customer faces a fine of up to EUR 200,000. If a statutory representative or managerial employee is proved to have known of the supplier's practices, a fine that could not be recovered from the supplier may also pass to the company. Protection comes from documents the supplier must provide by law and a properly drafted contract.
  25. We hired a third-country national. What must we report to the labour office, and when? Notify the labour office for the place of work in writing when employment starts and ends, each within seven working days; attach a copy of the employment contract when reporting the start. You must also report that the foreign national did not start on the agreed date, which companies most often forget. Breach of reporting duties may attract a fine of up to EUR 100,000.
  26. We employ an EU citizen. Do we have any obligations towards the labour office? Yes, although an EU citizen needs no work permit. You must notify the labour office for the place of work when employment starts and ends, using an electronic information card with a qualified electronic signature, each time within seven working days. The same duty applies to family members. Failure to file the card may attract a fine of up to EUR 100,000.
  27. An employee has challenged dismissal in court. What deadlines apply and what should we prepare? The invalidity of termination must generally be claimed in court within two months of the date employment was due to end. If employment is extended under Section 64(2) because of a protected period under Section 64(1)(a), a special deadline applies: two months after the final day of that protection, but no later than six months after the original termination date. The court examines both the grounds and the statutory dismissal procedure. If the employee insists on continued employment, wage compensation is at risk; the option to reduce compensation beyond 12 months and the 36-month cap do not apply to termination during whistleblower protection under Section 79(3).
  28. An employee repeatedly breaches work discipline. When can we dismiss them? For serious misconduct, you may give notice straight away or terminate immediately. For less serious misconduct, notice is possible only if the employee received a written warning of possible dismissal in connection with misconduct within the last six months. Give notice within two months of learning of the breach and no later than one year after it occurred; before service, inform the employee of the grounds and allow a response. The warning must describe specific conduct, expressly mention possible dismissal and be provably served.
  29. My former employer is not paying the compensation for the non-compete clause. Must I continue to observe it? Until you have validly terminated the clause it binds you, and breaching it may cost you the agreed monetary penalty. If the employer has not paid you the compensation within 15 days of its due date, the Labour Code allows you to terminate the clause in writing, and the obligation ends on the day the notice is delivered. Compensation for the months in which you observed the clause may still be recovered after termination.
  30. An employee is leaving and we no longer need the non-compete clause. May we withdraw from it? Yes, but only while the employment still lasts. The withdrawal must be in writing and the employee must receive it no later than the last day of the employment; the obligation then ends on the first day of the following month, at the latest on the last day of the employment. Once the employment has ended you can no longer withdraw unilaterally, and you must pay compensation of at least 50% of average monthly earnings for every month in which the employee observes the clause.
  31. An employee has caused us loss. Can we deduct it from their wages? Not unilaterally. Deductions from wages towards compensation for loss may be made only on the basis of a written deduction agreement signed by the employee. Beforehand, the compensation sought must be discussed with the employee and notified to them within one month of discovering the loss and their liability; where negligence is involved, the compensation is capped at four times their average monthly earnings. If the employee does not acknowledge the obligation, court action remains.
  32. An employee is requesting information about their own pay and the average pay of colleagues. What must we provide, and by when? On an employee’s request you must provide them in writing, within two months, with information on the level of their own pay and on the average pay levels of men and women in the category of employees performing the same work or work of equal value. You provide the average levels for the first time for 2027, and you do not provide them where the pay of a particular colleague could be derived from them. For a supplementary request for an explanation you have 30 days.
  33. How should we group employees into categories, and what is work of equal value? A category comprises employees performing the same work or work of equal value, grouped by the employer according to the criteria of its pay structure. The value of work is assessed against objective criteria independent of sex, in particular complexity, responsibility, effort, working conditions and soft skills, not by job title or department. Where employee representatives operate at your workplace, you agree the criteria with them and consult them on the categories.
  34. Do bonuses, benefits and a company car count towards equal pay? Bonuses and benefits, yes. The Equal Pay Act treats as pay not only basic wages but also other monetary and in-kind benefits the employer provides to the employee, which it calls supplementary pay components. In our view a company car also used privately falls within that definition, although there is no practice on the point yet. The pay report tracks these components separately and they also feed into the pay level an employee may request. Remuneration under agreements on work performed outside an employment relationship also counts as pay.
  35. Can a manager be removed from office without notice, or must we serve notice of termination? In Czechia yes, if you agreed it with the manager in advance: removal from a senior post directly subordinate to the statutory body (or one level below) is permissible, the employment does not end by it and the company must offer other suitable work. The Slovak Labour Code has no such institution: a change of position must be agreed, and where the employment relationship was established only after appointment under an internal regulation, removal is merely a ground for notice. In both countries, what was set out in the management contract on joining is decisive.
  36. A manager gave notice and has stopped coming to work. Can we claim compensation for the notice period? In Slovakia, only if you agreed monetary compensation for failure to remain during the notice period in writing in the employment contract. It may not exceed the employee's average monthly earnings multiplied by the length of the notice period, and if the manager does not pay voluntarily, the court determines the amount in the light of the circumstances. In Czechia such a sanction cannot be agreed, because the Labour Code permits a contractual penalty only where it expressly so provides.
  37. May our manager run a business or serve on the body of another company alongside their employment? They may; the law does not generally prohibit outside activity. If, however, it is competing in character with the employer’s business activity (the Czech statute speaks of activity identical to the employer’s business activity), the manager needs the company’s prior written consent in both Slovakia and Czechia. Slovak law also treats consent as granted if the employer does not respond to the request within 15 days; Czech law contains no such deeming provision. Where the manager is also a managing director, the stricter non-competition prohibition under company law applies as well.
  38. Can a temporary employment agency assign us workers from outside the EU? In Slovakia, generally not: a third-country national working on the basis of a Blue Card, a confirmation of a vacant post or a work permit may not be temporarily assigned to a user undertaking by an agency or any other employer. An exception applies to an agency operating for at least three years, where the national holds temporary residence for the purpose of employment based on a confirmation of a vacant post, the post is a shortage occupation in the region, the user undertaking consents to the assignment in writing and the labour office issues a confirmation for it. The prohibition does not cover nationals who need neither a permit nor a confirmation, such as holders of permanent residence.
  39. How long may an agency assign the same employee to one business? In Slovakia, a temporary assignment to the same user undertaking may be agreed for a maximum of 24 months and, within that period, extended or agreed again no more than four times, including where another agency assigns the employee. If the limit is exceeded, employment with the agency ceases and indefinite employment arises directly with the user undertaking. In Czechia, an agency may not assign the same employee to the same user for more than 12 consecutive calendar months, unless the employee so requests or the assignment covers a user's employee on maternity, paternity or parental leave.
  40. My employer has not paid my wages. Can I terminate the employment immediately, and what am I entitled to? Yes, if the employer has not paid you your wages or part of them within 15 days of their due date. The immediate termination must be in writing, must describe the ground in factual terms and must be delivered to the employer within one month of the day on which you learned of the ground. On a valid immediate termination you are entitled, besides the wages owed, to wage compensation in the amount of your average monthly earnings for a notice period of two months.
  41. An employee has not come to work for several days and is not responding. Can we terminate the employment immediately? You can, if the absence is unexcused and of an intensity that the court will accept as a serious breach of work discipline; an isolated one-day absence by an otherwise trouble-free employee may not be enough. First check whether the employee is not on sick leave or facing another obstacle to work that they will demonstrate later. The immediate termination must be delivered into their own hands within two months of the day on which you learned of the absence, and with an employee who is not responding you need a carefully considered delivery plan.
  42. We are abolishing a post. What must a redundancy notice satisfy in order to stand? You need a written decision on an organisational change adopted before the notice, an employee who became redundant precisely as a result of it, and the duty to offer other work discharged. The burden of proof lies with the employer, and the court also examines whether the change was not merely feigned. On top of that you must watch the protected period, discussion with the employee representatives, the notice period and severance pay; and you may not recreate the abolished post for two months.

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