10.6092/issn.1561-8048/10957
As Slovakia is one of the least affected countries in terms of the spread of the disease, except for doctors and employees in social services facilities, there was no serious threat to the health of employees. However, this is not due to the economic consequences of the pandemic, which threaten the competitiveness of employers. The new government tried to respond to the situation with legislative measures, which were adopted in quick succession, without discussion with the social partners and often in the form of indirect amendments, which in turn it makes it more difficult in orientation in the legislation. However, thanks to the intervention of the social partners, no measures have been taken that would worsen the position of employees in employment relations. The promised financial assistance for job retention is running very slowly.
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Viktor Križan
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COVID-19 and Labour Law: Slovakia
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ILLeJ
Viktor Križan
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10.6092/issn.1561-8048/10957
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Employment Services Act
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COVID-19 and Labour Law: Slovakia
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COVID-19 and Labour Law: Slovakia                                                   Italian Labour Law e-Journal
Viktor Križan                                                                      Special Issue 1, Vol. 13 (2020)
viktor.krizan@truni.sk                                               Covid-19 and Labour Law. A Global Review
                                                                                                 ISSN 1561-8048
                                                                  https://doi.org/10.6092/issn.1561-8048/10957




                  COVID-19 and Labour Law: Slovakia
                          Viktor Križan*

                                                  Abstract
     As Slovakia is one of the least affected countries in terms of the spread of the disease, except
     for doctors and employees in social services facilities, there was no serious threat to the health
     of employees. However, this is not due to the economic consequences of the pandemic, which
     threaten the competitiveness of employers. The new government tried to respond to the
     situation with legislative measures, which were adopted in quick succession, without discussion
     with the social partners and often in the form of indirect amendments, which in turn it makes it
     more difficult in orientation in the legislation. However, thanks to the intervention of the social
     partners, no measures have been taken that would worsen the position of employees in
     employment relations. The promised financial assistance for job retention is running very slowly.

     Keywords: Covid-19; Labour Law; Sickness benefit; Nursing benefit; Projects to support job
     retention; Labour Code; Social Insurance Act; Employment Services Act.




 1. General Framework.

    COVID-19 was first reported in the Slovak Republic on 6th March 2020, just days after
 the elections, which were won by the previous opposition. The outgoing government
 therefore focused mainly on preventive measures to prevent the spread of the virus. The
 adoption of economic measures was thus influenced by waiting for the formation of a new
 coalition, a new government and the holding of the inaugural meeting of the National
 Council.
    The outgoing government responded to the situation for the first time on 11th March 2020
 by declaring an emergency situation in connection with the threat to public health1 and
 subsequently declaring a state of emergency pursuant to Art. 5 of the Constitutional Act no.
 227/2002 Coll. on the security of the state in time of war, state of war, and state of
 emergency, as amended2. By declaring a state of emergency, a work obligation was imposed


 *
   Associate professor, Trnava University in Trnava, Trnava, Slovak republic
 1 The Government of The Slovak Republic: Resolution on the proposal to declare an emergency in relation to
 threats to public health II. degree due to COVID-19 disease caused by the corona virus SARS-CoV-2 in the
 territory of the Slovak Republic. https://rokovania.gov.sk/RVL/Resolution/18249.
 2 Resolution of the Government of the Slovak Republic on the proposal for the declaration of a state of

 emergency pursuant to Art. 5 of the Constitutional Act no. 227/2002 Coll. on the security of the state in time
 of war, state of war, state of emergency and state of emergency, as amended, to impose work duties on ensuring
 Viktor Križan                                                                      Italian Labour Law e-Journal
                                                                                   Special Issue 1, Vol. 13 (2020)
                                                                      Covid-19 and Labour Law. A Global Review
                                                                                        Section: National Reports




to ensure the provision of health care and the exercise of the right to strike in selected
professions was prohibited.
    Prior to that, the Central Crisis Staff, which is the coordinating body of the Government
of the Slovak Republic for resolving crisis situations outside the time of war and state of war,
banned from organizing mass events, sports, cultural, social or other with effect from 10th
March 20203. Shortly afterwards, the Public Health Office banned the operation of facilities
where people could meet and endanger themselves, including schools4. As of 16th March
2020, a measure by the Public Health Office closed all retail establishments and all
establishments providing services, except those necessary, such as grocery stores,
pharmacies, drugstores, petrol stations or online shops and delivery services5. The retail and
services sector is dependent on the purchasing power of the population, it often employs
people with lower incomes, lower savings and often unable to work through a home office,
and therefore, although these measures persist to this day, they are gradually being released.
    Likewise, all persons who come from abroad are obliged to enter the state quarantine.
Exceptions apply to some groups - for example, pregnant women, people over 75, people
with serious health problems, drivers and crews of freight transport in order to supply the
Slovak Republic and the like6. The measure also does not apply to persons who have
permanent residence or temporary residence in the Slovak Republic or in the border zone
up to 30 km from the state border of the Slovak Republic, and have an employment
relationship or similar employment relationship in border areas within 30 km from the Slovak
border and are holders of a certificate from the employer on such performance.
    Although these measures directly affected only two groups of workers, namely parents
with compulsory school children, who had to take care of their children and employees and
the self-employed in retail and services, the coronavirus crisis affected the entire Slovak
economy7. Employers have taken measures to protect employees, including working from
home, where possible8, while others, including all four automakers, have temporarily


the provision of health care and prohibiting the exercise of the right to strike by certain workers, published in
the Collection of Laws as no. 45/2020 Coll.
3 Office of Public Health: Information on the prohibition to organize and organize mass events, sports, cultural,

social or other nature.
http://www.uvzsr.sk/docs/info/covid19/informacia_HH_SR_hromadne_podujatia.pdf
4 Public Health Office: Measure of the Public Health Office of the Slovak Republic in case of threat to public

health no. OLP/2576/2020.
http://www.uvzsr.sk/docs/info/covid19/Opatrenie_UVZSR_pri_ohrozeni_verejneho_zdravia_12.03.2020_
prevadzky.pdf
5 Public Health Office: Measure of the Public Health Office of the Slovak Republic in case of threat to public

health no. OLP/2595/2020.
www.uvzsr.sk/docs/info/covid19/Opatrenie_UVZ_SR_o_zakaze_a_obmedzeni_prevazdok_15032020.pdf
6 Public Health Office: Measure of the Public Health Office of the Slovak Republic in case of threat to public

health no. OLP/3172/2020.
http://www.uvzsr.sk/docs/info/covid19/opatrenie_statna_karantena_16_4_2020.pdf
7 Compared to January 2020, people bought about 20% less in retail in the second half of March. Revenues in

hotels and restaurants were minimal, although at restaurants can see gradual growth and efforts to adjust to the
constraints probably by delivery sale.
8 The measures taken include a ban on business trips, the distribution and mandatory use of protective veils on

the employer's premises, increased disinfection of common areas or temperature measurement in case of
suspicion of illness.

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    Viktor Križan                                                                   Italian Labour Law e-Journal
                                                                                   Special Issue 1, Vol. 13 (2020)
                                                                      Covid-19 and Labour Law. A Global Review
                                                                                        Section: National Reports




suspended production or operate on a restrictive basis due to the failure of employees with
children as well as concerns for the health of their employees.
    Last but not least, employers' decision to suspend production can also be attributed to a
drop in sales or a problem in the supply chain. Slovakia is the country that is probably most
dependent on exports to other member states of the European Union, as a result of which
the Slovak economy is currently experiencing a 30% decline in performance, which is caused
by weak foreign sales and not closed retail and services, which have only a negligible impact.
The other 70% of the economy appear healthy and thanks to government measures, people
do not have to be afraid to go to work.
    According to available data, the economic downturn due to the coronavirus directly
affects 15,660 companies, which together generate annual revenues of approximately € 8.8
billion. Entrepreneurs in the accommodation and catering sector (82% of entrepreneurs),
other services (73% of entrepreneurs) and trade (66%) had to interrupt operations to the
greatest extent. At the same time, about 1/5 of industrial companies (20%) and construction
companies (18.2%) claim that they had to suspend their activities because they lack inputs9.
Many were caught in wage cuts or lost contracts, and although the registered unemployment
rate rose only slightly to 5.19 percent during the month of March10, several employers have
already reported mass redundancies in connection with the coronavirus11. That's why
economists' forecasts expect unemployment to rise to 8.8 percent, or worse, to 11 percent.


2. Possibilities for employers before adopting changes in the field of labour law and
social security law

    According to § 5 of Act no. 124/2006 Coll. on safety and health at work every employer
is obliged to apply the general principles of prevention in the implementation of measures
necessary to ensure safety and health at work. The general principles of prevention also
include the exclusion of hazards and the resulting risk, as well as the assessment of risks that
cannot be ruled out, therefore the employer is obliged to assess the risk at the workplace and
is entitled to take and implement appropriate measures to protect workers' health. This
provision can also be applied to the COVID-19 situation. The adoption of appropriate
measures depends on the risk assessment of the employer on a case-by-case basis (e.g. the
country from which the employee returns) and may be subject to measures taken by the
relevant public authorities. E.g. persons returning from the COVID-19 disease zone who
did not show signs of the disease were required to monitor their health for 14 days from

9 Association of Young Entrepreneurs of Slovakia: Two thirds of small companies will last a maximum of a
month without taking measures. https://zmps.sk/aktuality/tlacove-spravy/dve-tretiny-malych-firiem-vydrzia-
bez-prijatia-opatreni-najviac-mesiac
10 Central Office of Labour, Social Affairs and the Family: Registered unemployment rate in March 2020 at

5.19%. https://www.upsvr.gov.sk/media/medialne-spravy/miera-evidovanej-nezamestnanosti-v-marci-2020-
na-urovni-519.html?page_id=996472
11 As of 17th April 2020, Offices of Labour, Social Affairs and Family registered 18 collective redundancies that

could affect more than 3,500 employees. Compared to last year, this is a significant increase, when only 67
people were collectively redundant in the same period.

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 Viktor Križan                                                          Italian Labour Law e-Journal
                                                                       Special Issue 1, Vol. 13 (2020)
                                                          Covid-19 and Labour Law. A Global Review
                                                                            Section: National Reports




arrival in the COVID-19 affected area prior to the introduction of compulsory state
quarantine. Based on this recommendation, the employer could consider requesting the
employee to work from home, or an obstacle at work for 14 days.
   Among the preventive measures that the employer could take are:
       • justified absence from work - the procedure is based on the provisions of Act no.
           311/2001 Coll. Of the Labour Code (hereinafter referred to as the “Labour
           Code”) on important personal obstacles at work (§ 141 par. 1 of the Labour Code),
           where the employer justifies the employee's absence from work for specific
           reasons. The employer shall justify the employee's absence from work during his
           temporary incapacity for work in case of quarantine, treatment of a sick family
           member and care of a child under ten years of age who cannot be in the care of a
           childcare establishment or school for serious reasons.
       • work from home - the employer and the employee had the opportunity to agree
           on a temporary performance of work from the employee's residence. If the
           employment contract does not contain such a place of work, it was necessary to
           negotiate a change. Working from home is not only possible for employees where
           there is a certain risk that they may have been infected or who are already in
           isolation, but also with the aim of reducing the number of employees at work - e.g.
           increasing the protection of employees who travel long distances and use public
           transport, the protection of employees caring for the elderly, for employees with
           children when schools are closed, for employees in "open space" workplaces
           where there is a higher concentration of people in one workplace.
       • taking of annual leave - the employer may determine the taking of leave to the
           employee under the conditions stipulated by the Labour Code. According to § 111
           par. 1 of the Labour Code, when determining leave, it is necessary to consider the
           tasks of the employer and the legitimate interests of the employee. According to §
           111 par. 4 of the Labour Code, the employer is obliged to notify the employee of
           the drawing of leave at least 14 days in advance. This period may exceptionally be
           shortened with the consent of the employee. In the case of preventing the spread
           of COVID-19, this is undoubtedly an exceptional situation, but the employer is
           dependent on the consent of the employee, who is not obliged to grant it.
       • taking of compensatory leave - if the employee has untaken compensatory leave
           for overtime or holiday work, it is also possible to determine the use of
           compensatory leave (according to the conditions set out in § 121 and § 122 of the
           Labour Code).
       • a change in the work schedule - a change in the work schedule is also possible, but
           according to § 90 par. 9 of the Labour Code, the employer is obliged to notify the
           employee of the schedule of working hours at least one week in advance and it
           must be valid for at least one week.
       • other obstacles in the work on the part of the employee - according to § 141 par.
           3 of the Labour Code, the employer may also provide the employee with paid
           leave, which the employee will work on later.

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     Viktor Križan                                                                   Italian Labour Law e-Journal
                                                                                    Special Issue 1, Vol. 13 (2020)
                                                                       Covid-19 and Labour Law. A Global Review
                                                                                         Section: National Reports




           •
          non-assignment of work to the employee - an obstacle to work on the part of the
          employer - in a special case, such as preventing the spread of COVID-19, the
          employer may not allow at-risk employees to perform work at the workplace for
          prevention. In this case, the employee is entitled to compensation of wages in the
          amount of his average earnings (§ 142 para. 3 of the Labour Code). The Labour
          Code does not contain a time limit on the duration of this obstacle at work, and
          thus it is up to the employer to decide to what extent this measure will be applied
          in this case, it is practically limited only by his economic situation.
      • temporary assignment of an employee - the employer may agree in writing with
          the employee on temporarily assignation him to perform work for the user
          employer (§ 58 of the Labour Code, e.g. employees of the bookstore network were
          assigned to a network of grocery stores).
   In the field of social security, two situations were considered, depending on the
circumstances:
    • if there is a closure of a pre-school or social services facility in which the child is
       provided with care, or a school in connection with the coronavirus, insured persons
       have the opportunity to claim nursing benefit12, regardless of whether it is a state or
       non-state facility13,
    • if the insured person is recognized as temporarily unable to work, he or she can claim
       sickness benefits14.


3. Measures adopted in the field of labour law and social security law

   As the above options put a significant burden on employers, who had to reduce or close
their operations, the newly formed government and parliament were forced to deal with the
looming economic consequences shortly after accession. Therefore, several changes to
labour and social security regulations have been adopted in a truly short time.
   The first change that was adopted was an amendment to the Act no. 461/2003 Coll. on
Social Insurance (hereinafter referred to as the “Social Insurance Act”) no. 63/2020 Coll.,
which amended the conditions for entitlement to nursing and sickness benefits. The
intention of the legislator was to improve the financial situation of sickness and nursing
recipients and to help partially mitigate the negative financial impact on employers. In cases
of quarantine measure and isolation ordered in connection with the spread of COVID-19

12 The nursing benefit is a sickness benefit that is provided on the grounds of personal and all-day nursing of a
sick child (own one, adopted or placed in the care by a decision of the competent authority), for a sick husband,
sick wife, sick parent or sick parent of the spouse. It shall be provided also on the grounds of the personal and
all-day nursing of a healthy baby up to ten years of age.
13 In view of the coronavirus emergency situation, the Social Insurance Agency, as a social insurance provider,

stated that, following the announcement of emergency measures and in accordance with the competent
authorities' decision to close schools, it would grant nursing care for personal and full-time care (10 + 364 days)
during the whole 14-day period during which schools and pre-school facilities were to be closed.
14 The sickness benefit shall be provided to the insuree who has been recognized as temporarily incapacitated

for work as a result of his or her sickness or accident or is obliged to respect a quarantine measure.

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     Viktor Križan                                                                Italian Labour Law e-Journal
                                                                                 Special Issue 1, Vol. 13 (2020)
                                                                    Covid-19 and Labour Law. A Global Review
                                                                                      Section: National Reports




disease, the employee's right to sickness benefits paid by the Social Insurance Agency was
established from the 1st day of temporary incapacity for work15. It was therefore a matter of
relieving employers of the payment of income compensation in the event of temporary
incapacity for work. At the same time, it was stipulated that in times of crisis related to
COVID - 19, in cases where the insured is ordered quarantine or isolation, the amount of
sickness benefit is 55% of the daily assessment base from the first day of incapacity for
work16.
    In relation to nursing benefit, the group of insured persons who are entitled to nursing
benefit has been changed. The benefit is now granted in cases where a child is ordered to
take quarantine and isolation measures, in cases of closure of the facility visited by the child,
or in cases where the person caring for the child cannot provide this care for objective
reasons, to insurees who are taking care of a child under 11 years of age, respectively 18 years
in the case of a child with a long-term adverse health condition. At the time of the COVID-
19 crisis, in these cases and if the insured person treats the child personally and on a full-day
basis until the age of sixteen, whose medical condition, as confirmed by the doctor concerned
necessarily requires treatment by another natural person, nursing benefit is paid for the entire
duration of the need for care/treatment17.
    The above-mentioned amendment to the Social Insurance Act also amended other legal
regulations. By amending Act no. 5/2004 Coll. on employment services (hereinafter as
“Employment Services Act”), employment services instruments have been strengthened to
mitigate the negative effects of quarantine measures. In order to support the elimination of
the effects of this situation on employment and the labour market, under active labour
market measures were included projects to support job retention, including self-employed
jobs and to support the retention of employees during a declared emergency, state of
emergency or exceptional situation and in the period after their end. They started to
implement projects to compensate employers and the self-employed who retain jobs despite
the obligation to suspend or reduce their activities by a resolution of the Central Crisis Staff,
respectively who have had to do so as a result of protecting their employees' health, declining
orders or lapse of subcontractors. On this basis, the employer is entitled to compensation
for damages in the following form:
     • the state will reimburse 80% of the employee's salary to companies whose operations
         are compulsorily closed,
     • if the establishments have not been compulsorily closed, the state will provide
         contributions for self-employed persons and employees according to the decrease in
         the company's revenues:
              o by more than 20% - 180 €
              o by more than 40% - 300 €

15 According to the previous legal status, the employee's entitlement to sickness benefits arose only from the
11th day of incapacity for work, while for the first 10 days the employee was entitled to compensation for
income in the event of temporary incapacity for work, which was paid by the employer.
16 According to the previous regulation, it was during the first three days of drawing sickness or income

compensation for temporary incapacity for work only 25%.
17 According to the previous legislation, it was only 10 days.


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     Viktor Križan                                                                    Italian Labour Law e-Journal
                                                                                     Special Issue 1, Vol. 13 (2020)
                                                                        Covid-19 and Labour Law. A Global Review
                                                                                          Section: National Reports




                 o by more than 60% - 420 €
                 o by more than 80% - 540 €.

    This was soon followed by an amendment to the Labour Code (and at the same time the
second amendment to the Social Insurance Act) no. 66/2020 Coll., which adopted certain
amendments in the field of work organization18, protection of employees' rights19, annual
leave20 and obstacles to work21. The government approved the proposed changes in the
Labour Code without communicating or discussing them with the social partners at all, which
was also blamed on it by the employees' representatives22. Intervention and media coverage
by the unions eventually succeeded when the most controversial provision23 was deleted
from the government's proposal and was not finally adopted by parliament.
    The amendment to the Social Insurance Act extended the unemployment benefit period
by one month for insured persons who were unable to find work until the end of the original
support period during the crisis, especially due to the labour market situation caused by the
spread of Covid-19. In view of the dynamically changing situation and unpredictable
developments on the labour market, the Government of the Slovak Republic has been, if
necessary, authorized to issue government regulations for the period of the crisis situation
related to the spread of Covid-19 and period of two months after its end and temporarily
adjust the conditions for entitlement to unemployment benefit, the conditions for the


18 A rule has been introduced on the possibility for an employer to order work from the employee's house if
such activity is possible and if work at the workplace is not possible, necessary or it is risky in order to prevent
the spread of a communicable disease and the employee may unreasonably refuse such work from the
household (agreement of the parties is not excluded by this provision).
The right of an employee to perform work from a household was also established, provided that the nature of
the work allows it and that this is not prevented by serious operational reasons (e.g. the need for some
employees to be present at the workplace).
The notification of work shifts to employees in advance has also been regulated, where the employer is obliged
to notify the employee of the schedule of working hours at least two days in advance (previously it was a week),
unless a shorter agreement is agreed with the employee.
19 An employee who, during a crisis, uses an important personal obstacle at work to treat a sick family member

or care for a child, or is subject to a quarantine measure or an obligation of isolation, on termination of
employment and on return to employment, he is entitled to protection equal to an employee who is temporarily
unable to work.
20 The conditions for ordering the taking of annual leave have been modified in terms of the employer's

notification obligation, which was reduced to at least seven days in advance and, in the case of leave carried
over from the previous year, to at least two days in advance.
21 According to the new regulation, if an employee is unable to perform work in whole or in part for the

cessation or restriction of the employer's activity by decision of the competent authority or for the cessation or
restriction of the employer's activity as a result of a declaration of a state of emergency, state of emergency or
state of emergency, the employee is entitled to compensation of wages only in the amount of 80% of his average
earnings, but at least in the amount of the minimum wage.
In a specific situation where the employer has defined in a written agreement with the employees'
representatives serious operational reasons why the employer cannot assign work to the employee, the
employee is entitled to wage compensation in the amount specified in the agreement, but at least 60% of his
average earnings.
22 Confederation of Trade Unions: The story "about us without us" continues and bears the first bitter fruit.

https://www.kozsr.sk/2020/03/31/pribeh-o-nas-bez-nas-pokracuje-a-prinasa-prve-trpke-ovocie/
23 According to the proposed change, the employee would have to work up to an additional 400 hours in 12

months if the employer had ordered him to declare a state of emergency, state of emergency or state of
emergency and could not assign work to the employee and provide him with compensation.

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     Viktor Križan                                                                 Italian Labour Law e-Journal
                                                                                  Special Issue 1, Vol. 13 (2020)
                                                                     Covid-19 and Labour Law. A Global Review
                                                                                       Section: National Reports




payment of unemployment benefit, the length of the unemployment benefit period and the
amount of unemployment benefit.
    The amendment to the Labour Code also changed the Employment Services Act again,
when the fulfilment of the conditions for granting a contribution to projects to support the
maintenance of employment during an emergency, state of emergency or state of emergency
and in the period after their termination24 the applicant proves only by a solemn declaration.
At the same time, due to the accelerated administration of assistance to employers and self-
employed persons affected by the effects of the current pandemic crisis at the time of the
declared emergency, state of emergency or state of emergency implementation, an exemption
was granted from the obligation to register with public sector partners no. 315/2016 Coll.
on the register of public sector partners.
    Subsequent, a second direct amendment to the Social Insurance Act no. 68/2020 Coll.
aimed to mitigate the economic impact on social security contributions and compulsory old-
age pension contributions. A postponement of the payment of insurance premiums for
compulsory sickness insurance and compulsory pension insurance self-employed persons
and insurance premiums paid by the employer for March 2020, or for another period that
may be established by the Government of the Slovak Republic by its regulation, was
accepted. Premiums paid by the employee and deducted by the employer are not covered by
the change. On the other hand, this exception also applies to employers and compulsorily
insured self-employed persons who show a decrease in net turnover or income from business
and other self-employed activity by 40% or more.
    So far, the last amendment to the Social Insurance Act no. 95/2020 Coll. removes the
obligation to pay premiums to employers or compulsorily insured and compulsorily insured
self-employed persons for April 2020, or for another period that may be established by the
Government of the Slovak Republic by its regulation. This exception applies to employers
or compulsorily insured self-employed persons who, in April 2020, closed operations for at
least 15 days because of the Measures of the Public Health Office of the Slovak Republic.
    Again, the Employment Services Act is also indirectly amended, when is expanded the
group of applicants for the allowance within a project to support the maintenance of jobs,
including jobs in which self-employment is or is being carried out, and to support the
retention of employees in connection with the declaration of a state of emergency, emergency
or state of emergency and the elimination of their consequences, also about those applicants
who have their tax and contribution obligations, respectively receivables towards the Labour,
Social Affairs and Family Office are fulfilled through the repayment schedule, or due to the
loss of sales in March 2020, they were not able to meet these obligations for the month of
February 2020.




24 Such as compliance with tax obligations, obligations to pay social insurance premiums and compulsory
contributions to old-age pension savings, payment of an advance on public health insurance premiums, non-
violation of the prohibition of illegal employment at least two years before applying for the contribution, etc.

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 Viktor Križan                                                           Italian Labour Law e-Journal
                                                                        Special Issue 1, Vol. 13 (2020)
                                                           Covid-19 and Labour Law. A Global Review
                                                                             Section: National Reports




4. Conclusion

   As the Slovak Republic is not one of the countries at greater risk of Covid-19, most
measures focus on maintaining jobs and helping employers affected by the adverse economic
consequences of the protection measures taken. Measures have been taken in rapid
succession many times through indirect amendments, which does not contribute to legal
certainty. In addition, the promised state aid is running very slowly, as three weeks after the
approval of the scheme, 43021 aid applications were registered at the time the contribution
was submitted, but only 9523 applicants received aid.




Copyright © 2020 Viktor Križan. This article is released under a Creative Commons
Attribution 4.0 International License




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