Equal treatment

Employment

Rights, obligations and other rules concerning equal treatment for EU citizens living and working in Slovakia or looking for a job here.

Discrimination and the job market
What exactly does equal treatment mean?
Equal treatment at work and in the workplace
What to do if you suspect discrimination
Complaint, mediation and court proceedings
An employee’s right to be heard
Who to turn to for assistance
Applicable legislation

As an EU citizen working in another EU country, you and your family are entitled to the same treatment as nationals in your new country (access to work, labour conditions, remuneration and promotion, access to guidance, trade union membership, etc.). If you suspect you are being treated unequally, perhaps due to your sex, age, ethnicity or other characteristics, you may address and investigate this condition with the support of specialised entities.

1. Discrimination and the job market

In Slovakia, discrimination is prohibited by law. On the job market, the Labour Code (only in Slovak) guarantees women and men the right to equal treatment in access to employment, remuneration and promotion, training and working conditions.

As an EU citizen working in another EU country, you and your family are entitled to the same treatment as nationals in your new country. Your rights and benefits in your host country may differ from what you are used to in your home country. The right to equal treatment applies to jobseekers as much as to employees.

If you are employed, discrimination is banned on grounds of:

- sex, marital status and family status, sexual orientation, race, colour, language, age, ill health or disability, genetic characteristics, belief, religion, political or other opinion, trade-union activity, national or social origin, nationality or ethnic origin, property, birth or other status, or because you have reported a crime or other antisocial activity.

EU citizens in Slovakia are also protected under the Anti-discrimination Act (only in Slovak), which applies equally to ‘citizens of a Member State of the European Union, a State party to the Agreement on the European Economic Area and the Swiss Confederation, stateless persons and their family members’.

2. What exactly does equal treatment mean?

If you work in another Member State, you and your family have the right to the same treatment as your colleagues who are nationals of that country. This applies in particular to:

your right to seek work and your right to assistance from local employment offices;
working conditions (your pay, redundancy conditions, etc.);
benefits and tax credits;
training;
trade-union membership and the exercise of related rights.

The principle of equal treatment prohibits not only direct discrimination, but also bans rules that indirectly place you at a disadvantage (e.g. measures restricting free movement).

Any rule requiring you to live in a country for an extended period before you can access a particular public service is against the law.

3. Equal treatment at work and in the workplace

As a citizen of the EU, you must be treated in exactly the same way as your colleagues who are nationals of the host country. Among others, this applies to the following areas:

your pay, other conditions of employment, your working conditions, and health and safety at work;
access to training, vocational schools and retraining centres for you and your children;
access to housing, including social housing, or simplified access to residential ownership;
your right to join a trade union, to vote and to stand for election to administrative or management positions in the EU;
welfare and tax benefits;
dismissal and re-employment.

4. What to do if you suspect discrimination

If you think a rule or decision that concerns you conflicts with EU rules on the right to work in another Member State, you should first contact the authorities in the country where you work.

Under the Anti-discrimination Act (only in Slovak), you have the right to equal treatment and protection against discrimination, and to claim your rights in court. In particular, you can demand that a person discriminating against you:

refrain from such conduct;
remedy the unlawful situation (if possible); or
provide reasonable satisfaction;
if non-compliance with the principle of equal treatment has robbed you of your dignity, you may also claim compensation for non-material damage.

You can claim your rights to equal pay and equal treatment directly from your employer, in cooperation with public and non-governmental institutions and, in extreme cases, through the courts.

5. Complaint, mediation and court proceedings

Complaint

You can address a complaint directly to your employer. In the complaint, describe the discriminatory conduct and identify the persons or groups of persons who you believe are responsible. You may lodge a complaint in person as either a victim or witness of discrimination.

In your complaint, ask for redress (e.g. the corresponding adjustment to your pay, and compensation to make up for any outstanding disparities). An employer is obliged to deal with employee complaints immediately.

Mediation

You can use mediation or trade-union assistance in talks with your employer (only in Slovak).

A public institution set up to protect rights relating to anti-discrimination and equal treatment may also be able to help (see below).

If you experience discrimination at the hands of a public institution, one avenue open to you is the Ombudsman. In other cases, the Slovak National Centre for Human Rights could be approached. Your complaint may also be investigated by a labour inspectorate. This is a body that monitors compliance with employment laws and regulations in matters such as equal pay, the application of the principle of equal treatment, and the reconciliation of family and working life.

Court proceedings

As a last resort, you can take legal action (only in Slovak) with the help of a lawyer. People in need of material assistance can seek legal representation and support from the Legal Aid Centre. Other bodies you can approach for legal aid are trade unions and a non-governmental organisation specialising in this area.

The Slovak National Centre for Human Rights (‘the Centre’), which also provides mediation services, may represent you in cases where the principle of equal treatment has been violated. In either case – whether you are interested in legal aid or in having your discrimination dispute heard in mediation procedure – please contact the Centre (only in Slovak) or one of its regional offices with a written request.

The Centre acts as a national ‘equality institution’. It provides free legal assistance to victims of discrimination and intolerance, and has the authority to represent parties in court proceedings free of charge in cases relating to breaches of the principle of equal treatment (non-discrimination).

Depending on the specific problem, EU assistance services may also be able to help you.

6. An employee’s right to be heard

Employees have the right to be heard (to express themselves) in the workplace:

directly;
indirectly – through employee representatives.

Indirect representation

Indirect representation may be provided by a trade-union organisation (established by registering at the Ministry of the Interior) or by a higher-level trade-union body. Employees may also be represented by works trustee or works council. The ‘plurality principle’ means that multiple types of employee representation can be in place at a single employer.

In other words, a trade union and a works council, or a trade union and a works trustee, may be active at the same employer at the same time. The activities of a works council and a works trustee are mutually exclusive. A works council or a works trustee is subject to election.

A trade union’s main task is to engage in collective bargaining, which is aimed at striking a collective agreement (a document covering all of an employer’s employees, not just members of the trade union).

The representation of employees is a voluntary role. The competence of a works council, a works trustee and a trade union is governed by the Labour Code.

7. Who to turn to for assistance

The Slovak National Centre for Human Rights (‘the Centre’) acts as a national ‘equality institution’. It provides free legal assistance to victims of discrimination and intolerance, and has the authority to represent parties in court proceedings free of charge in cases relating to breaches of the principle of equal treatment.

The Ombudsman handles cases of discrimination by a public institution.

A labour inspectorate monitors compliance with employment laws and regulations in matters such as equal pay, the application of the principle of equal treatment, and the reconciliation of family and working life.

The Legal Aid Centre helps people in need of assistance.

Non-governmental organisations such as the Centre for Civil and Human Rights and the Citizen, Democracy and Responsibility Association specialise in this area.

Depending on the specific problem, EU assistance services may also be able to help you.