AKMV Employee absence from work
QUESTION
If the employer does not want to agree to the termination of the employment relationship by mutual agreement on a specific date, can I resolve the termination by being absent from work?
ANSWER:
In the strict sense, employee absence refers to an employee’s physical non-presence in the workplace. Such absence may be classified by the employer as either excused or unexcused. The Slovak Labour Code (Act No. 311/2001 Coll.) defines when absence is considered excused and when it is not.
An excused absence is acknowledged by the employer and, in some cases, may even be paid.
An unexcused absence, on the other hand, is not accepted by the employer and is considered a violation of work discipline. As a result of unexcused absence, the employer may, for example, reduce the employee’s vacation entitlement, terminate the employment relationship, or even, in justified cases, claim compensation for damages caused by the breach of discipline – i.e., the employee’s absence from work.
If the employee commits a serious breach of work discipline, the employer may choose whether to give the employee notice of termination or to terminate the employment immediately.
The employer is legally required to inform the employee of the reason for termination and to give the employee the opportunity to respond.
An unexcused absence of more than one work shift is typically considered a serious violation of work discipline. In such a case, the employer may:
Immediately terminate the employment relationship under Section 68(1)(b) of the Labour Code, or
Give notice of termination due to serious breach of work discipline under Section 63(1)(e) of the Labour Code.
The employer may also demand compensation for any damages caused by the employee’s conduct (or failure to act), such as expenses related to finding a replacement to fulfill the tasks originally assigned to the absent employee.
Please note that immediate termination of employment is not permitted in the case of: a pregnant employee, an employee on maternity leave, an employee on parental leave, a single parent caring for a child under the age of three, or an employee personally caring for a close relative with a severe disability. However, termination by notice is still permitted in most of these cases, except for employees on maternity or parental leave.
JUDr. Veronika Michalíková, MBA QUESTION
Hello, if I can’t agree with my supervisor on immediate termination, but I need to end my employment right away, can I handle it by simply not coming to work? And how many days of absence would it take to get fired?
ANSWER:
Hello,
If you are unable to reach an agreement with your supervisor regarding immediate termination of your employment, please be advised that there are specific legal procedures you must follow. Being absent from work is not an appropriate way to initiate termination and may have negative consequences for you. Below are the key points to be aware of:
- Unauthorized Absence: If you do not show up for work without a valid excuse or prior agreement with your supervisor, this is considered a breach of work discipline. In such a case, your employer is entitled to issue a warning or initiate termination proceedings, but this decision is solely at the discretion of the employer.
- Immediate Termination by the Employer: According to the Slovak Labour Code, the employer can terminate the employment relationship immediately only in certain cases, such as if the employee has grossly violated work discipline. Multiple unexcused absences may be considered a sufficient reason for such termination, but there is no specific number of absences defined by law. Each situation is assessed individually, and again, the decision lies with the employer.
- Negative Consequences:
Choosing not to attend work without justification may negatively affect your future job references. We also recommend reviewing the related materials on our website.
The best solution in this situation is to try to reach an agreement with your supervisor regarding a mutual termination of employment. If that is not possible, you can submit a standard resignation with notice, which is typically one or two months, depending on the length of your employment.
If you have further questions, we are happy to assist you. Please contact us at recepcia@akmv.sk.
JUDr. Veronika Michalíková, MBA