New secondment procedures now in effect

IMPACT – MEDIUM

What is the change? Slovakia has imposed new notification and documentation requirements for companies in other European Union states sending employees to work in Slovakia.

What does the change mean? Affected companies are now required to notify Slovakia’s National Labour Inspectorate of the secondment of any employees no later than the employee’s start date. Companies are also required to adhere to new documentation requirements, including keeping copies of the employment contract or other document confirming the employment relationship and records related to the employee’s hours and wages.

• Implementation time frame: The changes took effect Saturday.
• Who is affected: Companies in the EU sending employees to work in Slovakia.
• Business impact: The change adds administrative steps and document retention requirements to the process of sending employees to work in Slovakia.
• Next steps: Affected businesses should become familiar with the new rules immediately and be sure they are in compliance with all new requirements.

Background: The changes are part of Slovakia’s Act on Cross-border Cooperation, a law that was passed in 2015 to move the country into compliance with Directive 2014/67/EU of the European Parliament. Under the law’s notification provisions, sending companies can provide notice of secondment to the National Labour Inspectorate either electronically or via a hard copy form.

Details are available on this NLI website.

The law also amends a law on illegal work and employment so that the definition of illegal employment will be met if the new rules on secondment are not followed. Penalties may range from € 2,000 to € 200,000, depending on the infraction and number of employees involved.

BAL Analysis: Affected employers should make sure they follow Slovakia’s new secondment procedures and documentation requirements. Contact your BAL professional with any questions about the changes or steps required to stay in compliance.

This alert has been provided by the BAL Global Practice group and our network provider located in Slovakia. For additional information, please contact your BAL attorney.

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