May 2011 – An amendment to the Slovak Labour Code was recently passed and published in the Collection of Laws No. 48/2011 on 1 March 2011 (the “Amendment”). The amendment relates to improvements in the area of (i) equal opportunities and (ii) the implementation of Directive 2009/38/EC on the establishment of a European Works Council (the “Directive”), in particular, introducing a new procedure for informing and consulting employees in Community-scale undertakings and Community-scale groups of undertakings.
Equal Opportunities
The Amendment was triggered by the Commission’s formal notification for incomplete and/or incorrect implementation of Directive 2002/73/EC in Slovakia. Accordingly, the Labour Code has been amended, in particular, the initial articles on fundamental principles of the Labour Code have been amended so as to cross-refer to the Slovak Anti-discrimination Act and to expressly provide for the prohibition against discrimination. Also, the Labour Code will now embody the principle of equal treatment of men and women in connection with the care of children and the protection of pregnant women and women taking care of small children.
In addition, the Amendment incorporates into the Labour Code the principle that an employee after returning from parental leave will have the right to be assigned to work on the same terms as at the time of leaving for the parental leave. Also, such employees will have the right to the benefits/improvements to their work position that they would have been entitled to had they not left for the parental leave (which includes, for example, that the time on parental leave must be included in the calculation of the time required for reaching a certain level of ‘seniority’ within the firm). Finally, the Amendment fosters the right of the employee, after returning from parental leave (after three or even six years), to require that the employer assigns the employee back to his/her position held at the time of parental leave without prejudice to the rights which the employee had at the time of the parental leave.
The Amendment will take effect on 1 April 2011.
European Works Council and Right to Information
With respect to the Employee Works Council and the right to information, the Amendment implements the Directive. The Amendment incorporated into the Labour Code the definition of
(a) Community-scale undertaking (which means any undertaking with at least 1000 employees within the Member States and at least 150 employees in each of at least two Member States); and
(b) Community-scale group of undertakings (which means a group of undertakings employing, in the aggregate, at least 1000 employees within the Member States, with at least two group undertakings in different Member States and at least 150 employees in each of such two group undertakings in two different Member States)
and other definitions that are necessary to implement the Directive as set out in Article 2 of the Directive.
Community-scale undertakings and Community-scale groups of undertakings will be obliged to create European Works Councils or a procedure for informing/consulting employees of such undertakings. The management of each of the undertakings will have the duty to provide employees with information necessary to establish whether it is possible, within the respective undertaking, to create a European Works Council or to implement a procedure for informing/consulting employees.
Creation of European Works Council
The management of the Community-scale undertakings and Community-scale groups of undertakings will be under a duty to launch negotiations with the employees on the creation of European Works Council or the procedure for informing and consulting employees if at least 100 employees in at least two undertakings or establishments in at least two Member States require so in writing. The outcome of such negotiations should be an agreement on the creation of a European Works Council or procedure for informing and consulting employees. If the Community-scale undertakings or Community-scale groups of undertakings fail to initiate negotiations within six months from request or fail to conclude an agreement within three years, or if the parties so agree, the European Works Council or procedure for informing and consulting employees will be implemented by operation of law.
The Amendment (to the extent it relates to the European Works Council and right to Information) will take effect on 6 June 2011.
For further information, please contact Viliam Mysicka, Counsel, at .