12 February 2025
roadmap
slovakia
Dismissing non-performing managers in Slovakia
Slovak law recognises unsatisfactory performance of work tasks as grounds for unilateral termination by the employer, but this is rarely applied to employees outside of blue-collar positions. For managers, failing to meet targets does not automatically signify unsatisfactory performance, as goal achievement may depend on external factors beyond their control, such as market conditions.
The use of this dismissal reason is further complicated by unclear job descriptions, insufficient task documentation, and overly positive annual performance evaluations that often do not reflect actual performance. Additionally, dismissal can only occur if the employer has issued a written warning to the employee within the last six months, and the employee has failed to address the deficiencies within a reasonable timeframe.
In practice, this issue is often resolved through termination by mutual agreement, usually accompanied by a substantial severance package. Another option is for the employer to issue an organisational change decision aimed at increasing work efficiency, resulting in redundancy. However, this poses a risk if the dismissal is found not to be genuinely aimed at increasing efficiency but merely at eliminating the underperforming employee's position.
For a valid dismissal due to unsatisfactory performance, it is crucial to differentiate whether the failure to meet targets results from the employee's actions or external factors. A clear job description and thorough documentation of task performance are essential for substantiating the legitimacy of the termination. In the case of senior managers, these issues can be avoided by using a specific type of managerial employment contract that permits dismissal if the employee is removed from their position.
author: Peter Devínsky
