Rights and obligations of employees and employers in relation to national COVID-19 testing

In recent weeks, Slovakia has been hit by the second wave of the pandemic. Therefore, the government has decided to take important steps to help stop the further spread of COVID-19. On whole area of Slovak republic on 31.10.2020 and 01.11.2020, will be a nationwide testing of the population of Slovakia (hereinafter referred to as "testing"). Because testing is based on a voluntary basis, different situations may arise in relation to employees that employers encounter.

1. THE EMPLOYEE WILL ATTEND THE TESTING

A. An employee has a negative test result - such an employee does not have limited freedom of movement and can perform work without restriction.

B. An employee has a positive test result - such an employee has limited freedom of movement and cannot perform work without restriction. This is an obstacle to work on the side of the employee and he is entitled to the following:

• to draw a pandemic sickness benefit;

• working from home if the agreed type of work allows it and there are no serious operational reasons on the part of the employer that do not allow the performance of work from home;

• to take leave (after agreement with the employer);

• for taking paid leave with compensation of wages, so-called free paid at the average hourly wage (after agreement with the employer);

• leave without compensation of salary, so-called unpaid leave (after agreement with the employer).

2. THE EMPLOYEE WILL NOT ATTEND THE TESTING

Such an employee has limited freedom of movement and cannot perform work without restriction. This is an obstacle to work on the side of the employee. The employer has the following options:

• order the home-office if the agreed type of work allows it;

• order the use of leave - here it is necessary to comply with the 7 - day information obligation, ie. the employer is obliged to notify the use of leave 7 days in advance, resp. in the case of unexhausted leave, the so-called old holiday, information period is shortened 2 days in advance;

• to provide the employee with the use of paid leave, so-called free paid at the average hourly wage;

• provide the employee without paid leave, so-called unpaid leave.

We are constantly monitoring the situation related to government measures in connection with the coronavirus. If you need more information about the state's assistance in drawing contributions to maintain employment, do not hesitate to contact our specialists and write us your question at support.covid19@vgd.eu. Further useful information can be found on our website, Facebook and Linked-In.