Legal Alert | The Constitutional Court of the Slovak Republic suspended the legal effectiveness of the new reason for termination of employment

• Slovakia

03-01-2022

As of 1 January 2022, the amendment to Act no. 311/2001 Coll. Labor Code, introducing a new reason for termination of employment, should have come into effect.

In concreto, it should have introduced a new reason for termination of employment under Section 63 (1) letter f) of Slovak Labour Code, applicable for cases where the employee has reached the age of 65 and the age determined for entitlement to a retirement pension.

The Constitutional Court of the Slovak Republic suspended, by Resolution no. PL. ÚS 12 / 2021-79 issued on 15 December 2021, the effectiveness of the said provision of the Labor Code with effect from the annoucement of this resolution in the Collection of Laws (29 December 2021):
https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2021/539/20211229

The Government of the Slovak Republic has decided on the possibility of issuing national visas to selected categories of third-country nationals with effect from 1 April 2022:

By the Regulation no. 520/2021 Coll. The Government of the Slovak Republic has decided that it is in the interest of the Slovak Republic to issue a national visa in the year 2022 to citizens of the Republic of Belarus, the Republic of Serbia and Ukraine who will be employed as bus drivers (max. 150 national visas issued) or as drivers of heavy trucks (international transport) and driver of heavy truck (domestic transport), max. in the number of issued 1,770 national visas. National visas issued will be issued for the duration of the employment, but for a period of one year in maximum.

By the Regulation no. 521/2021 Coll. The Government of the Slovak Republic has decided that it is in the interest of the Slovak Republic to issue a national visa in the year 2022 to third-country nationals who are graduates of:

• second degree of Slovak or Czech universities,

• university studies of foreign universities listed in Annex no. 1 of this Regulation or equivalent education according to the European Qualifications Framework,

• university studies of the second or third degree study of a university and will be employed by an employer in the Slovak Republic within the jobs as listed in Annex no. 2 of that Regulation (managers, IT specialists, medical doctors, scientists and researchers and technicians).

Issued national visas will be issued in a total number of max. 3000. National visas will be issued for the purpose of seeking new employment for a period of 90 days and for the duration of employment, but for a period of one year in maximum.

As of 1 April 2022, the employer will have an option to employ the above-mentioned person, on the basis of Act no. 5/2004 Coll. on employment services: "An employer may employ a third-country national who has been granted a national visa and ii is defined as the interest of the Slovak Republic, which has been approved by the Government of the Slovak Republic" (Section 23a (1) (g), third point, of this Act).

• Jana Sapáková
• Counsel
• +421 232 786 411
• +421 232 786 411

< Go back