LABOR WARS: Job Complexity Levels vs. Collective Bargaining Agreement

LABOR WARS: Job Complexity Levels vs. Collective Bargaining Agreement

Every employer is required to assign a complexity level to their job positions. However, if employee remuneration is regulated by a collective bargaining agreement, the employer is exempt from this obligation.

LABOUR WARS: Can an employee claim two wage compensations from a single employment relationship?

LABOUR WARS: Can an employee claim two wage compensations from a single employment relationship?

Every employee is entitled to wages for their work. In cases where the termination of employment is deemed invalid, the employee is entitled to compensation for lost wages. However, in our opinion, one employment relationship should warrant only one compensation. One former employee of our client disagreed and claimed two wage compensations - one for the invalid immediate termination of their employment and another for the invalid termination by notice - for the same period.

LABOR WARS: Can the labor inspectorate order the employer to pay the outstanding wages?

LABOR WARS: Can the labor inspectorate order the employer to pay the outstanding wages?

It is not an everyday occurrence for a business employing workers in office positions to undergo an inspection by the labor inspectorate. Inspections are much more common in industrial and manufacturing environments, where there is a higher likelihood of violations that could potentially endanger employees' health. However, a paradoxical situation may arise when the labor inspectorate imposes measures to address the identified shortcomings.

New building laws should take politics out of development, says expert Peter Bartošík

New building laws should take politics out of development, says expert Peter Bartošík

Slovak real estate legislation differs from that of many other countries. Current legislation and processes around the granting of construction permits for new buildings has been far from optimal for some time, according to lawyer Peter Bartošík.

The Issue of Statutory (Legal) Easements

The Issue of Statutory (Legal) Easements

The purpose of this article is to present an analysis of the fundamental starting postulates of the legal regulation of statutory (legal) easements (hereinafter referred to as "SLEs") in a very concise and simplified conceptual and substantive construction, particularly concerning SLEs regulated by Act No. 351/2011 Coll. on Electronic Communications (hereinafter referred to as the "ECA").

Claims from Unjust Enrichment in the Event of Early Termination of a Lease Relationship

Claims from Unjust Enrichment in the Event of Early Termination of a Lease Relationship

Lease agreements concluded for a fixed term often include provisions obligating the tenant to pay the landlord a portion of the rent in advance for the entire anticipated lease period. This serves as a form of guarantee, signaling the tenant's commitment to maintaining the lease relationship with the landlord for a certain period. However, what happens if the lease relationship ends earlier than initially anticipated, particularly when this termination occurs after the ownership of the leased property has been transferred from the original landlord to their legal successor?

Fraud Objection as an Exception to the Principle of Independence of Documentary Letters of Credit under Slovak Law

Fraud Objection as an Exception to the Principle of Independence of Documentary Letters of Credit under Slovak Law

A letter of credit can be broadly defined as an irrevocable obligation of a bank, as the issuer of the letter of credit, derived from the letter of credit (letter of credit) to pay the beneficiary of the letter of credit a specific amount upon meeting the terms outlined in the letter of credit. A documentary letter of credit is, in essence, a letter of credit where the conditions are based on presenting documents to the issuing bank.

Termination of Employment Due to Organizational Reasons in Light of Case Law

Termination of Employment Due to Organizational Reasons in Light of Case Law

The Labour Code is relatively brief in determining the conditions for termination of employment due to organizational reasons. However, Slovak court case law complements and often expands the statutory requirements in numerous diverse and unsettled cases. In practice, issuing a valid notice of termination becomes a challenging process full of formal and substantive constraints.

Abuse of Rights in Employment Relationships

Abuse of Rights in Employment Relationships

In real life, every healthy individual becomes a direct participant in an employment relationship, initially as an employee and, in many cases, later as an employer. These legal relationships are among the most common contractual relationships, which we aim to address in this article.

Decision on Profit Distribution

Decision on Profit Distribution

The article addresses the possibility of adopting a decision by the general meeting regarding the distribution of profit after the general meeting has previously decided in the given calendar year that the profit from the last accounting period reported in the regular individual financial statements will not be distributed. The article concerns the distribution of profits among the partners of a limited liability company and the shareholders of a joint-stock company.