LABOR LAW NEWS IN 2023

#65Labor law news in 2023

Act 311/2022 (Labor Code) is the most frequently amended legal regulation in the legislation of the Slovak Republic. Currently, two amendments have been adopted, which will enter the force on 1st January 2023, namely:

1. Act No. 222/2022Coll. on state support for rental housing and on amendments to certain laws.
2. Act No. 248/2022 Coll. amending Act no. 311/2001 Coll. Labor Code as amended and which amends some laws.

The news in the Labor law shall be as follows:

1. The employer´s contribution to state-subsidized housing (state rental apartments) is being introduced

   The employer may provide the employee with a contribution in the amount of 4 euros/m2. The amount of the contribution cannot be more than €360 €. An employee can receive a contribution from the employer if two conditions are met:

   1. existence of an employment relationship between the employee and the employer.
   2. existence of the Lease Agreement concluded pursuant to Act 222/2022 Coll.
2. Protection of an employee who requests a contribution

The employer is not obliged to provide the employee with such a contribution, as this contribution is voluntary. Furthermore, the employer cannot favor an employee to whom he has provided a contribution in any way over an employee to whom he has not provided such a contribution.

3. Statutory restriction on the provision of a contribution to an employee

An employee who is in an employment relationship with several employers can apply for a contribution from only one of them in one calendar month. All employees living together cannot apply for the allowance individually, only one of them is authorized to apply for the allowance. In the case of family relationships, only one family member is authorized to apply.

4. Agreement on work activity for the performance of seasonal work

The conclusion of agreements on work performed outside the employment relationship must be of an exceptional nature, as they are atypical forms of employment relations. A certain subtype of agreement on work activity is created, namely an agreement for the performance of seasonal work.

5. Scope of seasonal work performed

Seasonal work can be performed for a maximum of 40 hours per week. Thus, seasonal work can be performed in the range of 520 hours in a given year. Seasonal work is a work activity that depends on the change of seasons, does not exceed eight months in a given year and is repeated every year.

6. Form and scope of the agreement on work activities for the performance of seasonal work

Such work is subject to the same conditions as an employment agreement. These are the conditions:

1. The agreement must be in writing.
2. The period for which the agreement is concluded.
3. Agreed range of working hours.
4. Agreed remuneration for work performed.
5. Defined work performed.