Dismissal in Slovakia: notice periods and severance pay
Legal status as of November 1, 2026
When leaving employment, the content of the document, the reason for termination, and the length of employment are decisive. Signing a termination agreement can change both the date employment ends and the financial outcome. Before signing, you should therefore compare what the employer is offering with what you would be entitled to upon termination. If the notice has already been served, the period for judicial protection may also be decisive.
First distinguish notice of termination from termination by agreement
Termination is a unilateral act. The employer does not need the employee's consent for it, but must comply with the legal conditions, written form and delivery. The agreement will only be concluded with the consent of both parties and the employment relationship will end on the agreed date. Calling a document ‘termination by notice by agreement’ does not remove these distinctions. What matters is whether the document gives notice of termination or proposes an agreement for the employee to accept. [1] [2]
Confirmation of receipt of a notice of termination generally does not constitute consent to its legality. Conversely, signing an agreement may express agreement with its content. Therefore, before signing, request the full text of the document, record the date of delivery, and check whether you are only signing the receipt or the agreement itself. Refusal to accept a shipment may not prevent the effects of delivery. [1]
The reason for the termination must correspond to the facts
An employer may only terminate an employment contract for a lawful reason. In the case of redundancy, both the organizational decision and the connection between the change and the specific job must be examined. In cases subject to the obligation to offer, it is also important whether the employer could continue to employ the employee and whether he offered him a suitable job. A general statement about reorganization alone may not be enough. [1]
The conditions are different for violations of work discipline or unsatisfactory performance of tasks. Prior written warnings, calls to eliminate deficiencies, time limits, and negotiations with employee representatives, if they work for the employer, may be important. The protection period, for example in the event of incapacity for work, also requires special consideration, including statutory exceptions. [1]
The notice period does not count from the signature
The notice period begins on the first day of the calendar month following the delivery of the notice. Its minimum length depends on the reason for the notice, who gives it, and the duration of the employment relationship. For organisational reasons or legally defined long-term medical unfitness, the minimum notice period is two months where employment has lasted at least one but less than five years, and three months where it has lasted at least five years. [1]
The employment relationship continues during the notice period. Therefore, an employee does not automatically have time off just because they have already been dismissed. If the employer does not assign work, the rules on work obstacles and wage compensation need to be assessed. With termination by agreement, no notice period runs; employment ends on the date agreed by the parties. [1]
Severance pay depends on the reason and method of termination
Statutory severance pay is not due for every departure. For organizational and other reasons listed in Section 76 of the Labor Code, its amount depends on the average monthly earnings and years of service. In the case of termination of employment, the statutory scale begins with an employment relationship lasting at least two years; by agreement for the same statutory reasons, the claim may arise earlier. A collective agreement or contract may provide more favorable performance. [1]
Model example: an employee has worked for six years and his position is actually being eliminated due to organizational change. When terminating an employment contract, he is generally entitled to at least three months' notice and severance pay in the amount of two average monthly earnings. In the case of an agreement for the same reason, at least three times the average monthly earnings are included. However, leaving early by agreement may mean losing the income that would have been earned during the notice period. [1]
There is a short period of time to challenge the termination
The invalidity of the termination of an employment relationship is usually claimed in court within two months of the date on which the employment relationship should have ended. When extending an employment relationship by a protection period for reasons pursuant to Section 64, paragraph 1, letter a), a special rule applies: two months from the end of the protection period, no later than six months from the originally expected end of the employment relationship. The specific last day should be determined according to the circumstances. [1]
A complaint to the labor inspectorate or negotiation of an agreement does not replace a lawsuit. If an employee wants to continue working and request related wage compensation, it is also important to notify the employer that they insist on continued employment. Entitlement to compensation for wages has its own conditions and does not arise automatically from every defect in a document. [1] [3]
Prepare the context for assessment
The legal assessment will be expedited by the employment contract with amendments, notice or draft agreement, proof of delivery, the last payslips and the relevant collective agreement. Communication about reorganization or reservations about work is also useful. The documents should make it clear how long the relationship has been going on, what work was done, and what has changed.
When negotiating an agreement, it is worth resolving the reason for termination, departure date, severance pay, vacation, and issuance of work documents all at once. An unclear sentence about the full settlement of all claims may provoke further controversy. The practical goal is a document that makes it clear who will provide what and by when.
Frequently Asked Questions
Do I have to sign the agreement my employer presented to me?
No. The agreement requires the consent of both parties. However, rejection of the agreement does not preclude the employer from later using another legal method of termination. [1] [2]
Am I entitled to severance pay if I resign on my own?
An employee’s own resignation does not generally create a statutory entitlement to severance pay. However, more favorable performance may result from an agreement, employment contract or collective agreement. [1]
Is a complaint to the labor inspectorate enough?
To determine the invalidity of the termination of an employment relationship, a claim must be filed in court in a timely manner. The Inspectorate does not replace such a judgment. [1] [3]
If you have received a notice of termination or a draft agreement, please send us the document along with the date of delivery. We will assess the legal claims, the period for defense, and the terms of any negotiation.
Legal sources
[1] Labour Code No. 311/2001 Z. z. — § 38, § 60 to 64, § 74, § 76, § 77 to 80 and § 142; version effective 1.9.2026 to 1.12.2026
https://static.slov-lex.sk/static/SK/ZZ/2001/311/20260901.html
[2] National Labour Inspectorate: Questions and answers on refusing a termination agreement — Distinguishing notice of termination from termination by agreement
https://www.ip.gov.sk/inspektorat-prace-bratislava/domov/otazky-odpovede/
[3] National Labour Inspectorate – Negotiation of dismissal with employee representatives — Judicial protection and deadline under Section 77
https://www.ip.gov.sk/inspektorat-prace-b-bystrica/domov/otazky-odpovede/ppv/prerokovanie-vypovede-so-zastupcami-zamestnancov/