Constitutional Court: The change to the Labour Code is suspended

As we informed you in our previous Article, as of 1 January 2022 the amendment in accordance with the Article 63 (1f) of Labour Code should entitle employers to terminate their employment with an employee if the employee reaches the age of 65 and at the same time this age will be determined for entitlement to a retirement, i.e. both conditions must be met simultaneously. In this respect, the employee would also be entitled to compensation.

With effect from 29 December 2021, the Resolution was published in the Collection of Laws under No. 539/2021 Coll., by which the Slovak Constitutional Court decided on a temporary suspension of the effectiveness of the Labour Code's provision.

It is currently unknown what will be the final conclusion with respect to adopted wording. Accordingly, the original wording of the law remains in force until the Constitutional Court's decision.

The main purpose of this parliamentary amendment was to enable inter-generational staff exchange and improve the employment of high school and university graduates. There is also another view, which consider such conditions defined by law to be unacceptable and discriminatory.

We will keep you informed on further update of the Constitutional Court proceeding.