27. April 2018

New wages benefits for work on weekend, bank holidays and work at night

Amendment to the Labor Code introduced by Act No. 63/2018 Coll. and adopted on February 14, 2018. The main aim of the amendment is to introduce a special wages benefit for work on Saturday (new Section 122a), on Sunday (new Section 122b), and the increase of benefit for night work (revised of Section 123) and for work during bank holidays (revised Section 122). Regarding the work on Saturday and Sunday, the employee shall be entitled to
• wages benefit in the amount of at least 50% of the statutory minimum wages per hour for every Saturday working hour. If the nature of work or operation conditions requires the work to be regularly done on Saturday, a lower sum of such wages benefit may be agreed upon (in collective agreement or labor contract), however the percentage must not be lower than 45%.
• for every Sunday working hour wages benefit in the amount of at least 100% of the statutory minimum wages per hour. If the nature of work or operation conditions requires the work to be regularly done on Sunday, a lower sum of such wages benefit may be agreed upon (in collective agreement or labor contract), however the percentage must not be lower than 90%.

Employer and top employee may agree in the labor contract that top employee‘s wages already cover eventual work on Saturday and Sunday (in such case the top employee is not entitled to the above stated wages benefit for work on Saturday and Sunday).

As mentioned above, the Amendment also increases wages benefit for night work (currently the benefit is in the amount of at least 20% of the statutory minimum wages per hour for every night working hour) – employee shall be entitled to
• wages benefit in the amount of at least 40% of the statutory minimum wages per hour for every night working hour.
• wages benefit in the amount of at least 50% of the statutory minimum wages per hour for every night working hour, provided that the employee conducts risky work.

If the nature of work or operation conditions requires that the prevalent part of the work is conducted in night, and it is not the risky work, a lower sum of such wages benefit may be agreed upon (in collective agreement or labor contract), however the percentage must not be lower than 35%. Employer and top employee may agree in the labor contract that top employee‘s wages already cover eventual night work (in such case the top employee is not entitled to the above stated wages benefit for night work).

As mentioned above, the Amendment also increases wages benefit for work during bank holidays. Currently, for work during bank holidays the employee shall be entitled to his normal wage, plus wages benefit of at least 50% of his average earnings; the Amendment increases the percentage to at least 100%.

The above mentioned new rules on wages benefits shall apply also to employees conducting work under extra-employment agreements, and in case of work conducted on bank holidays the employee shall be entitled for every working hour to his normal wage increased by at least the sum of the sum of statutory minimum wages per hour.

The Amendment also introduces intertemporal provisions regarding the new rules on wages benefit for night work and work on Saturday and Sunday – from May 1, 2018 to April 30, 2019 the percentage of above mentioned wages benefits is:
• at least 25% regarding the work on Saturday; and the agreed lower percentage must not be lower than 20%;
• at least 50% regarding the work on Sunday; and the agreed lower percentage must not be lower than 40%;
• at least 30% (and 35% in case of employee conducting risky work) regarding the night work; and the agreed lower percentage must not be lower than 25%.

Other changes to the Labor Code include e.g.
• Basic component of the wages agreed upon in the labor agreement between the employer and the employee must not be in a lower sum than the sum advertised by the employer in the work/job offer. The Amendment amends also the Act on Employment Services and introduces new obligation of employers – when advertising a work/job offer the employer shall include the information on the sum of basic wages‘component.
• Labor law relations of employees whose employer is seated outside EU and its employees are posted to Slovakia shall be accordingly subject to some rules of Slovak law on posting the employees during their temporary work conduct within the provision of services at the territory of the Slovak Republic (such as minimum wages, working hours, length of holiday, security rules, terms for women, juveniles, etc.).

The Amendment becomes effective on May 1, 2018.