[Slovakia] Severance pay according to the Labor Code, § 76 a.

Since the number of applications for early old-age pension has increased in the Social Insurance Company, we bring to your attention a summary of the entitlement, calculation and payment of severance pay.

• The employee is entitled to severance pay at the first termination of the employment relationship after he became entitled to a retirement pension, early retirement pension or disability pension but he needs to request the pension before the termination of the employment relationship or within ten days after its end.

The employee submits to the employer a confirmation of the application or a decision on a pension from the Social Insurance Company /a decision is preferred – as the Social Insurance Company does not have to recognize the employee’s entitlement to an old-age or early old-age or disability pension/.

• The employee is entitled to severance pay at least in the amount of his average monthly earnings.

According to the Labor Code, severance pay belongs to the employee at least in the amount of his average monthly earnings (the employment contract or collective agreement can adjust the amount of severance pay more favorably for the employee). Therefore, the average for labor law purposes is used for the calculation /as for the calculation, e.g., compensation for taking leave/.

• If the employee first draws unemployment benefit and only then applies for old-age pension or early old-age pension, he will not meet the conditions for awarding severance pay.
  
• Severance pay can be paid out to the employee from only one employer. The employer is not obliged to provide the employee with severance pay if the employment relationship has ended in accordance with § 68 par. 1 of the Labor Code, i.e., by immediate termination of employment.

The Labor Code in the provision § 68 par. 1 of the Labor Code enshrines that the employer can immediately terminate the employment relationship exceptionally, and only if the employee has been legally convicted of an intentional crime, or has seriously violated work discipline.

• The payment of severance pay depends on the employee’s submission of a document on the application for a pension or a decision of the Social Insurance Office to the employer. If the employee submits a document /the conditions as stated above, the employer will pay him the severance pay in the last paycheck.

If the employee submits a document after the end of the employment relationship /the conditions stated above must be met/, the employer will pay him severance pay even after the end of the employment relationship using the average for labor and legal purposes that was valid on the last day of the end of the employment relationship.

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