Authors: Jan Koval, Štěpán Štarha, Zuzana Hargašová
Due to the declaration of an emergency situation in the territory of the Slovak Republic, the Public Health Authority of the Slovak Republic has issued several measures concerning the prohibition of organizing and arranging mass sports, cultural, social or other events, restrictions on Slovak border-crossing points, mass transportation, and prohibiting the operation of various facilities such as swimming pools, cinemas, ski resorts, etc., and only pharmacies, grocery stores, restaurants, fast food stalls, drugstores, and newsstands are allowed in shopping centres over the weekend. The measures will have a significant impact on employment. How specifically? [1]
In our opinion, the employers concerned can be divided into two groups:
Employers where employees' representatives are active have the possibility to conclude a written agreement with employees' representatives defining the serious operational reasons due to which the employer will not be able to assign work. In such a case, the employer can then apply the agreement and refer to obstacles on the part of the employer, where the employee is entitled to wage compensation of at least 60% of his/her average earnings (or as agreed with employees' representatives, however at least 60%).
However, such an agreement with employees’ representatives cannot be replaced by a unilateral decision of the employer (for example, as is the case in the Czech Republic).
Serious operational reasons may include, for example, a situation in which in one shift more than half of the employees do not commence the shift for a variety of reasons (e.g. leave to take care of a sick relative, sick leave, mandated quarantine, etc.) and the rest of the shift due to the small number of employees will not be able to operate various equipment, the employer will thus not be able to assign work to the employees present and may apply the agreement with the employees’ representatives. Similarly, a situation in which the closure of operations is ordered directly by the State may be considered a serious operational reason.
Employers where employees'
representatives are not active cannot assign work due to other obstacles on the part of the
employer, but they have the right to send their employees home, providing them
with wage compensation equal to 100% of their average earnings.
[1] Z dôvodu časovej tiesne tento text nie je komplexným ani detailne odôvodneným posúdením právnej úpravy prekážok v práci. Zamerali sme sa výlučne na praktické dopady situácie pre zamestnávateľov a zamestnancov.
