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Ban on Notice in Employment Relationships

In case the employer wishes to terminate the employment relationship with the employee by notice, they should be aware of the so-called ban on notice. According to Section 64 of the Slovak Labour Code, the employer may not (with certain exceptions) give notice to the employee during the so-called protected period.

The protected period refers (in particular) to a period:

  • during which the employee has been recognised as incapable of work due to illness or injury,
  • during which an employee is pregnant, on maternity leave or parental leave, or when an lone employee (i.e. an employee who lives alone and is a single, widowed or divorced man or woman) is taking care of a child below three years of age or a any period
  • for which an employee has been released for an extended period to pursue public office.

If the employer wishes to give notice to the employee during such protected period, it is possible to do so only in the exceptional cases specified by the Labour Code (e.g. if the employer or its part is being wound up or in case the employee has lost his/her capacity to carry out the agreed work due to his/her own fault).

If the employer violates the ban on notice and gives notice to the employee during the protected period, such notice shall be considered invalid. The employee may then turn to the court and seek to have such termination of employment ruled invalid.