Legal Alert | Amendment of the Labour Code – Employers and Covid Pass Inspecting

• Slovakia

16-11-2021

Act no. 421/2021 Coll. amending certain laws in connection with the third wave of the COVID-19 pandemic. Act is effective from 15. 11. 2021.

• It is a framework law.

• Refers to measures / decrees which will be issued by Public Health Authority.

• Provisions are effective only to a limited extend, and that up to 30. 4. 2021.

I. In which situations is the employer obliged to control the vaccination status and employees are not entitled to a salary compensation?

• Public Health Authority is by issuing a measure / decree, entitled to temporarily condition entry of the employees to the workplace by presenting of the COVID pass, in that case employer will be obliged to verify if employee is vaccinated or overcame COVID-19 disease.

• If the employee has not presented COVID pass with proof of full vaccination or overcoming of COVID-19 disease and

• rejected the option of free testing offered by the employer and the employer therefore did not allow him to enter the workplace and perform work,

it is considered as an obstacle to work on the side of the employee without provision of the salary compensation unless the employer and the employee agree otherwise.

II. Verification of the COVID pass by the employer without existence of a measure / decree of the Public Health Authority

• Only if it is necessary for the purpose of ensuring protection of health and safety at work in accordance with special regulations, including such a way of organizing work that eliminates or reduces the risk of the spread of a communicable disease. Should the employee who is not vaccinated or overcame Covid-19 not present the negative test and the employer will not allow him to enter the workplace, it is not considered as an obstacle to work on the side of the employee and the employee is entitled to salary compensation.

III. Additional costs for employers?

• Employers are still kept in uncertainty regarding provision of the free COVID-19 testing for employees who are not vaccinated nor overcame COVID-19 disease. The conditions for ensuring the free delivery of tests will be determined by the Government of the Slovak Republic.

Abolition of the pandemic sick pay

• Sick pay of 100% of the daily assessment base in the event of temporary incapacity to work due to the ordering of a quarantine measure is abolished.

• The entitlement to sick pay is claimed from the employer - the employer pays sick pay for the first 10 days of the employee's incapacity for work.

For more information please contact

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

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