While the creation of an employment relationship is usually a relatively simple and straightforward matter, the termination of an employment relationship, on the other hand, is often a demanding administrative and evidentiary process. That is why we have decided to bring a series of articles that will focus on the essentials of termination of employment.
The employer-employee relationship is one of the most important relationships in the state. It is natural that entrepreneurs need to hire people who have the necessary qualifications to perform their tasks in order to fulfill their plans. For natural economic reasons, the initiative is in the hands of the entrepreneur in particular, who has a business plan, as well as significantly greater economic strength and freedom. The Labor Code takes this reality into account and therefore requires more obligations and a higher degree of responsibility from employers than from employees. At the end of the employment relationship, it, therefore, tries to balance the weaker position of the employee and sets the employer stricter conditions that need to be met if he wants to give notice to the employee.
Termination Agreement
This is the least complex and therefore the most ideal way to end an employment relationship. Simply put, both the employer and the employee have the same opinion that they will be better off.
This agreement should be in writing and must state the date on which the employment ends.
In some cases, this agreement must also include written reasons for the termination of the employment relationship (for example, because the employer is relocating or has ceased to exist).
Termination
Termination is a less ideal way to terminate an employment relationship because in this case, only one party wants to terminate the employment relationship. Depending on which party wishes to terminate the employment, we distinguish:
- Dismissal by the employee
The employee must submit the notice in writing and deliver it to the employer (either by post or, for example, bring it to work and hand it over to his superior). The employee may or may not state the reasons for the dismissal.
Such notice is subject to a notice period of one or two months, depending on certain conditions.
- Termination by the employer
The Labor Code takes the most into account the unequal position of the employee and the employer. While an employee may dismiss for any reason, he may not even have to give them, the employer does not have such freedom. The law defines the exact reasons when he can fire an employee.
The most common reason is organizational changes (the company is closed down, relocated, or changed technological procedures and the employee has become redundant). However, the reasons for dismissal may also be on the part of the employee, for example, if he repeatedly violates work discipline, ceases to be medically fit to perform work or ceases to meet the requirements for the performance of work.
Even in such cases, however, the employer must take into account whether the employee is not in the so-called protection period. It includes, for example, pregnant mothers and parents on parental leave, incapacitated employees, or, for example, employees performing special service (for example, if they are drafted into the army). In such cases, the employment shall end only after the expiry of the term of protection.
Immediate termination
Under certain circumstances, an employer or employee may terminate their employment immediately.
In short, this institute serves mainly for protection. Either the protected party is the employer, who may terminate his employment with the employee in the event of an intentional criminal offense or a very serious breach of work discipline.
Or the protected party is an employee who may terminate his employment immediately, for example, if he is unable to continue to perform his work without seriously endangering his life or health. Another possibility is that the employer will not pay the employee the money to which the employee is entitled.
Other ways to terminate an employment
Other ways are less common, and most employees are unlikely to ever encounter them. The employment relationship may end, for example, after the expiry of the period for which it was concluded, or the death of the employee.
Another possibility is that an alien working in Slovakia will have his or her residence permit or employment permit expired. Where appropriate, such authorization shall be withdrawn by a decision of the competent authority.
Termination claims
If an employee does not leave the employer through no fault of his own, he will be entitled to severance pay. The amount of severance pay depends on the duration of the employment relationship and is affected by whether the employee leaves by agreement (then the amount of severance pay is usually higher, in the amount of one average salary up to five times, depending on the duration of employment) or after dismissal usually lower, entitlement will not arise until after two years).
A special case is the so-called severance grant and concerns people who are retiring or disabled.