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published on 15 September 2022 | reading time approx. 3 minutes
The Labour Code as well as the special Act on Equal Treatment in Certain Fields and on Protection against Discrimination and on Amendments to Certain Acts (the Anti-Discrimination Act) introduce the principle of equal treatment provided for in the field of employment relations.
Employees are entitled to the rights arising from employment relationships without any restrictions or discrimination.
Natural persons have the right, in particular, to:
They are entitled to these rights without any restriction or discrimination on the grounds of sex, marital or family status, sexual orientation, race, colour, language, age, disability or handicap, genetic features, belief, religion, political or other opinion, trade union activity, national or social origin, membership of a nationality or ethnic group, property, lineage or other status, except where the difference in treatment is justified by the nature of the activities carried out in the employment or the circumstances in which those activities are carried out, where that ground constitutes a genuine and overriding requirement for employment, provided that the aim is legitimate and the requirement proportionate.
Women and men have the right to equal treatment with regard to access to employment, remuneration and promotion, training and working conditions. Women and men shall be provided with working conditions which enable them to perform their social function in bringing up and caring for children.
The prohibition of discrimination must already apply during the recruitment of a natural person. The principle of equal treatment must be respected when it comes to access to employment. During job interviews and in pre-contractual relations, it is not possible to ask a job applicant for information
The prohibition of discrimination also applies, of course, during implementation in employment relationships, when employees are treated in accordance with the principle of equal treatment. The exercise of rights and obligations arising from employment relationships must be in accordance with good morals. No one may abuse those rights and obligations to the detriment of the other party to the employment relationship or of fellow employees.
In accordance with the Constitution of the Slovak Republic, citizens of the Slovak Republic are guaranteed the right to material security during old age or incapacity for work. Benefits during incapacity for work due to temporary incapacity for work are covered by the Social Insurance Act. In the event of incapacity for work, every citizen is entitled to a benefit on the basis of the contributions paid to the Social Insurance Institution. The law imposes a number of obligations on the employer, but one of the most basic ones is to register the employee in the social insurance system. Breach of this obligation may be sanctioned by a fine and has other consequences. Breach of the obligation to register an employee with the Social Insurance Institution is considered illegal employment. In the event of a sanction for illegal employment, the employer loses the possibility to participate in public procurement for several years or loses the possibility to apply for subsidies from the state budget or European funds.There is also a cross-border dimension to liability for illegal employment. Businesses in general are obliged to refuse to accept a service if an employer providing the service from abroad commits illegal employment. Illegal employment is also committed by an employer if the posted employee does not have a social security certificate (A1) or in the case of a temporary assignment in breach of the law.
The system of whistleblowing consists in introducing a whistleblowing process so that the whistleblower is not penalised in any way for his or her actions. Every employer who employs at least 50 persons shall take measures to protect persons who, in connection with the performance of their employment, profession or office, learn facts concerning anti-corporate activity. These persons must be protected from any negative sanctions imposed by the employer in connection with the reporting of anti-social activities.In addition to these obligations, for all employers, i.e. regardless of the number of employees, the effect of legal actions against whistleblowers is limited, i.e. the employer must request the consent of the Office for the Protection of Whistleblowers for such actions, otherwise they are legally ineffective.
In general, this is a system adopted by the employer that enables the company's employees to anonymously report facts that they have become aware of in connection with the exercise of their employment, profession, position or office.When setting up the internal system and ensuring its operability, the employer shall in particular ensure the following tasks.The employer shall appoint a person in charge who meets the professional requirements for the performance of the tasks specified by the Act, who performs the tasks arising for the employer from the Act and who, at the same time, is independent in the performance of the tasks and is bound only by the instructions of the statutory body of the employer. The person in charge may, but need not, be an employee of the company. If he/she is not an employee of the company, he/she must have concluded a contract with the company.The adoption and issuance of an internal regulation is directly related to the determination of the person in charge. An internal regulation means an internal policy of the employer.
Zuzana Bzdúšková
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