Employees and employment law · Slovakia
Invalid termination of employment
Are you challenging the termination of your employment or defending a claim as an employer? If you believe notice, immediate termination or termination during probation was invalid, you generally have two months from the date employment was due to end to bring an action (§ 77 of the Labour Code). We assess your prospects, claim invalidity in time and pursue compensation for lost pay and, where appropriate, a return to work.
- Generally a 2-month deadline
- Compensation for lost pay and a return to work
- Prospects assessed in advance
What we'll do for you
Handling a dispute over invalid termination of employment, from assessing prospects to the court's decision.
Select an item to see the details.
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Initial assessment
We review the reason and method of termination and explain frankly your prospects and what you can achieve.
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Claiming invalidity in time
We monitor the deadline under § 77 of the Labour Code, including the special rule where employment is extended due to temporary incapacity for work, and assert invalidity so your right is not lost by missing it.
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Court action and representation
We prepare an action for a declaration that the termination was invalid and represent you throughout the court proceedings.
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Compensation for lost pay
We claim compensation for the time you could not work because of invalid termination, and notify the employer that you insist on continued employment.
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Settlement negotiations
Where appropriate, we negotiate an out-of-court settlement and compensation instead of a lengthy dispute.
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Next steps
Depending on the outcome, we advise on returning to work or settling claims.
Deliverablean action challenging termination filed and claims asserted
How it works
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- Assessmentday 0
We review the documents and explain your prospects and possible outcome before filing a claim.
- Assertion and court action
We assert invalidity within the deadline and file an action for a declaration together with a claim for compensation for lost pay.
- Proceedings and outcomedepending on the court
We represent you in court and explore an out-of-court settlement in parallel if it is more advantageous for you.
No-obligation enquiry
Ready to start?
Send us an enquiry. We usually reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.
- 1Send your enquiry via this form
- 2Usually within 24 h you get a price confirmation and plan
- 3We start work only after your approval
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What clients ask
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By when must I file an action challenging the validity of termination?
Invalid termination of employment may generally be challenged in court within two months from the date employment was due to end (§ 77 of the Labour Code). A special rule applies where employment is extended due to temporary incapacity for work; we calculate the deadline from the specific dates. This is a strict time limit extinguishing the right — once it expires, invalidity can no longer be claimed, so contact us as soon as possible.
What can I achieve through a court action?
The court may declare the termination invalid, meaning employment continues. If you notify the employer that you insist on continued employment, you are also entitled to compensation for lost pay during the dispute. Financial compensation can also be agreed instead of returning.
How much compensation for lost pay can I receive?
Compensation is payable at your average earnings from the day you notify the employer that you insist on continued employment until the employer lets you resume work or the court decides on termination of employment. If the total period exceeds twelve months, the court may, at the employer's request, reasonably reduce compensation for the period beyond twelve months or not award it at all for that period; compensation may be awarded for no more than 36 months (§ 79(2) of the Labour Code). If you do not insist on continued employment, after an invalid summary dismissal or termination during the probationary period you are entitled to two months' compensation (§ 79(5)). We assess the specific outlook according to your situation.
Is a claim worthwhile if I already have another job?
It can still make sense. The law does not expressly address this situation; a new job does not in itself mean you lose the claim for lost pay, but it may affect the litigation strategy and the assessment of the claim in the specific case. Together, we consider whether the aim is returning to work or a financial settlement, and choose the strategy accordingly.
I am an employer facing a claim — what should I do?
We also represent employers. We assess the risk, prepare a defence and, above all, take steps to prevent unnecessary growth in compensation for lost pay — for example, by taking the correct approach after service of the claim. Where appropriate, we negotiate a settlement.
Legal Q&A
Common questions on this topic
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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.
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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.
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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.
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Further reading
Agreement terminating employment: when it is safer than notice and what belongs in it
An agreement terminating employment requires no ground for notice, no notice period and no consultation with employee representatives. Even so, it has statutory requirements and can be challenged in court. This article shows when an agreement is the best route, what to put in it and what it may later founder on.
Read more →
Notice during sick leave, pregnancy or parental leave: what Section 64 of the Labour Code prohibits
An employer may not give notice to an employee during a protected period, for instance while on sick leave, pregnant or on parental leave. The Act does, however, recognise exceptions and deals separately with notice served just before sick leave begins. The article explains when notice is invalid, when employment is merely extended, and by when notice can be challenged in court.
Read more →
A former employee has joined a competitor and taken clients with him: what the employer can claim
When a key employee leaves for a competitor and clients or company data follow, the employer has a non-compete clause, protection of trade secrets, unfair competition and damages at its disposal. Each instrument has different conditions and calls for different evidence. This article shows how to assess the situation and in what order to proceed.
Read more →