Article

Government approves changes to Labour Code

Published: 14 July 2011

An intensive debate on changes in the Labour Code began in October 2010. The Ministry of Labour, Social Affairs and Family (MPSVR SR [1]) suggested changes to increase the flexibility of employment conditions, after employers claimed the creation of new jobs was being hindered by the code that had been in force since 2007. However trade unions opposed the changes, and organised a nationwide petition and regional protest actions (*SK1101019I* [2]). In December 2010, trade union representatives showed their opposition by walking out of a consultation meeting. Nevertheless, consultations continued on a bipartite basis.[1] http://www.employment.gov.sk/[2] www.eurofound.europa.eu/ef/observatories/eurwork/articles/industrial-relations-undefined/dispute-over-changes-in-the-labour-code

An amended Labour Code has been voted through by the government in Slovakia, although by only one vote. Changes to the code were thrashed out after intense debate over almost 90 suggestions, between social partners and at sectoral level. It was even submitted to the International Labour Organization in Geneva. However, a last minute amendment on the minimum wage, not approved by the unions, was agreed at the government meeting. Unions are now threatening a protest campaign.

Long-lasting consultations

An intensive debate on changes in the Labour Code began in October 2010. The Ministry of Labour, Social Affairs and Family (MPSVR SR) suggested changes to increase the flexibility of employment conditions, after employers claimed the creation of new jobs was being hindered by the code that had been in force since 2007. However trade unions opposed the changes, and organised a nationwide petition and regional protest actions (SK1101019I). In December 2010, trade union representatives showed their opposition by walking out of a consultation meeting. Nevertheless, consultations continued on a bipartite basis.

Tripartite consultations did not gain any consent

Gradually, the proposals were clarified, with representatives of the social partners, MPSVR SR and research experts submitting amendments, which were then published by MPSVR SR for multi-sectoral consultation. MPSVR SR obtained and processed nearly 90 comments from individual sectors. Representatives of MPSVR SR, trade unions and employers also discussed the proposed changes with International Labour Organization (ILO) experts on 13–14 April 2011, in Geneva. MPSVR SR say that the proposed changes do not conflict with respective ILO Conventions. Negotiations between representatives of MPSVR SR and social partners then took place at the tripartite Economic and Social Council (HSR) on 18 April. Nevertheless, although MPSVR SR was happy with the changes, the social partners were not. Labour Minister Jozef Mihál said the Labour Code would increase flexibility and would help to create new jobs (SME, 20 April 2011). However, the trade unions, although dissatisfied, did not organise any significant protests to push through their demands during negotiations.

Government approved proposed changes

MPSVR SR submitted the final version of the amendments to the Labour Code to a government meeting on 28 April 2011. The main proposals cover:

  • cancellation of the overlap of notice period with receiving severance pay;

  • differentiation of notice period and probationary period;

  • repetition of fixed-term employment contracts;

  • use of parental leave over a five-year period;

  • rules for the use of agency workers;

  • limits for overtime with the consent of the employee;

  • creation of new jobs after a mass redundancy;

  • implementation of job sharing;

  • rules for collective bargaining.

During the government meeting, Juraj Miškov, the Minister of Economy (MH SR), submitted several new proposals on behalf of employers, including one abolishing minimum wage entitlements. (During the tripartite consultations, MPSVR SR had accepted trade union objections and maintained the minimum wage entitlements). The government agreed the amendment by a majority of one vote, with Prime Minister Iveta Radicova voting against.

Trade unions protest again

Trade unions are planning to protest about the minimum wage amendment. Miroslav Gazdík, President of the Confederation of Trade Unions (KOZ SR), said the Prime Minister had promised them that the government would approve only the changes to the code agreed before its meeting. On 29 April 2011, trade unions organised a protest meeting in Košice about the changes, the worsening situation of salaried employees and price increases. Trade unions also plan to protest during the IIHF Ice Hockey World Championship in Slovakia in April and May.

Ludovít Cziria, Institute for Labour and Family Research

Eurofound recommends citing this publication in the following way.

Eurofound (2011), Government approves changes to Labour Code, article.

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