In our last webinar, we informed you about the amendment to the Labor Code. Since several questions and concerns arose, we are providing answers to the questions posed by webinar participants.
I am a self-employed taxi driver and am interested in a position as a civil servant (public service). Can I maintain my self-employment while applying for a civil service position? Thank you.
In this case, no changes have been adopted that would restrict the concurrent performance of public service with other gainful activities (employment, business)—unless there are statutory exceptions under the Civil Service Act.
As an employer, how do I prove that an employee violated the workplace smoking ban? He received a warning, which he signed; is that sufficient?
If an employee has violated the smoking ban, the employer may impose sanctions in accordance with the Labor Code. A violation of the workplace smoking ban may be assessed as a serious or less serious breach of work discipline if the employer has a uniform procedure established in an internal policy for assessing violations of this ban, including the imposition of sanctions on the employee. A single violation of the smoking ban by an employee constitutes a minor breach of work discipline, in which case a written warning to the employee regarding the breach of work discipline may be issued, with a reference to the possibility of termination of employment by notice pursuant to Section 63(1)(e) of the Labor Code.
In the event of a repeated violation of the smoking ban by the same employee, the employer may terminate the employment relationship for a minor violation of work discipline. However, this is conditional on the employee having been warned in writing within the last six months regarding the possibility of termination in connection with a violation of work discipline. Repeated violations of the smoking ban in the workplace may, subject to the fulfillment of legal conditions, constitute grounds for termination of employment.
In this case, a signed warning will suffice to prove the violation of the ban.
Will this change—shifting the burden of proof to the employer—apply only to lawsuits filed after November 1, 2023? Or will it also apply to ongoing cases?
In our opinion, the court’s approach described above would also apply to proceedings already initiated, as the employer’s burden of proof can generally be inferred from the very nature of proceedings concerning labor disputes between an employer and an employee, in which the employee acts as the weaker party to the dispute.
Although the “reversed burden of proof” was explicitly regulated only by the amendment to the Labor Code, pursuant to the general procedural provisions governing labor disputes, this change will also apply to currently pending proceedings, i.e., proceedings initiated before the amendment to the Labor Code took effect.
If we are required to respond in writing to an employee’s request regarding whether we can extend their employment contract for an indefinite period, how should we justify our decision if we do not wish to extend it?
Pursuant to Section 49b of the Labor Code, and in accordance with the employee’s interests, it is necessary to respond to the request with a written, reasoned reply; however, the Labor Code does not specify the extent to which the employer’s response must be justified. This will therefore always depend on individual circumstances, which may vary and will be assessed on a case-by-case basis. However, the reason should be objective, such as unsatisfactory performance of job duties, the temporary nature of the employment agreement given that it was concluded solely for the purpose of substituting for another employee, and so on.
The fundamental idea behind the introduction of this legal provision is precisely to provide increased protection for the employee, as well as predictability in employment. The reason should therefore always be verifiable, objective, and justified to at least the extent that the employee is aware of why the employer does not wish to continue the employment relationship for an indefinite period.
The reason is always assessed based on the situation prevailing at the time the employee requests an extension of the employment relationship.
What is the best way to negotiate a probationary period in a fixed-term contract for an employee on sick leave, or as a substitute for an employee on parental leave?
An amendment to the Labor Code established that for an employee with a fixed-term employment contract, the probationary period may not exceed half of the agreed duration of the employment contract. In addition to the above, when agreeing on a probationary period, the rule that the probationary period may be agreed upon for a maximum of three months—and for a managerial employee, a maximum of six months—continues to apply.
In your case, since we assume that the fixed-term employment contract will last two years (or, pursuant to the exception applied when substituting for an employee on parental leave or an employee who is temporarily unable to work, the fixed-term employment contract may be extended beyond two years), and therefore we expect it to last longer than six months, in which case the probationary period may be agreed upon for a maximum of three months. Of course, if you know in advance that the substitution for an employee on parental leave or due to temporary incapacity for work will last less than six months (e.g., the employee is expected to return from parental leave sooner than six months), the probationary period for the substitute employee should be agreed upon in such a way that it does not exceed half the duration of the employment relationship. Of course, if a situation arises where the employee returns to work earlier than could have been anticipated when the fixed-term employment contract was concluded, the probationary period for the substitute employee will be shortened proportionally.
Hello, despite the mandatory requirements of the employment contract, our employment contract does not contain a brief description of the job duties. This is listed on a separate form—an attachment. Is this acceptable?
Pursuant to Section 43(1)(a) of the Labor Code: “The employment contract shall contain the identification details of the employer and the employee. In the employment contract, the employer is required to agree with the employee on the essential terms, which are:
a) the type of work and its brief description…”
A brief description is a mandatory element of the employment contract; therefore, it is necessary for the brief description to be included directly in the employment contract. However, as a legal act, an employment contract need not consist of a single document but may also include annexes to the employment contract, which form an integral part of it. The brief description of the type of work may therefore also be included in such an annex.
Hello, can the brief description of the type of work be replaced by a job description?
The terms "brief description of the type of work" and "job description" are not identical. When referring to a job description, we assume you mean the job duties, i.e., a detailed description of the specific activities that fall under a particular job position. Under the amendment to the Labor Code, it is necessary to include in the employment contract the general essential elements, which are the type of work and its brief description, the place or places of work, or the rule under which the employee determines the place of work, the start date, and the terms of compensation.
Regarding other conditions, the employer has the right to decide how to provide this information to the employee—whether separately in writing or by including it directly in the employment contract.
We recommend that all information not constituting essential elements of the employment contract be set forth in a separate written notice provided to the employee. Such information includes the job description, which does not have to be included in the employment contract but may be set forth in a written notice or in an internal document of the employer (e.g., in the organizational rules), which is usually the most common practice.
What format should the written information accompanying the contract take?
Written information that the employer provides in writing pursuant to the Labor Code or a special regulation may be provided in paper form as well as in the form of an electronic document.
Hello, what does “if an employee has access to the electronic version of the information, they may save and print it” mean? Do they need to have a printer at home, etc.?
Pursuant to Section 38a of the Labor Code: “The employer shall provide the employee with information that, under this Act or another labor law regulation, is provided in writing, in paper form; the employer may provide this information in electronic form if the employee has access to the electronic version of the information, can save it, and print it, and the employer retains proof of its transmission or receipt, unless this Act or a special regulation provides otherwise. The same applies to the employer’s written response if the employer is required to respond to the employee in writing.”
The explanatory memorandum to the amendment to the Labor Code does not specify in detail how an employee may print out information in electronic form. Of course, it is neither objectively possible nor realistic to determine whether every employee has a printer at home (we assume that this was not the intended purpose of introducing the provision in question). If, for example, an employee has the option to print this information at the employer’s premises, this condition should be objectively met. In our opinion, this provision relates more to the forms in which information may be provided to an employee, one of the options being provision in electronic form, which is also linked to the increasing digitization of services, and the employee may subsequently save and print such information in accordance with the aforementioned provision, which is their right and not an obligation.
Regarding employee complaints, you mentioned that they may also be filed orally. How will we record when and to whom an oral complaint was filed? Thank you.
Pursuant to Section 13(7) of the Labor Code, an employee has the right to file a complaint with the employer regarding a violation of the principle of equal treatment under paragraphs 1 and 2, failure to comply with the conditions under paragraphs 3 through 6, and a violation of the rights and obligations arising from the employment relationship; The employer is obligated to respond to the employee’s complaint in writing without undue delay, take corrective action, cease such conduct, and remedy its consequences. In the event of a complaint, it is important to be able to prove that the complaint was filed, which places the burden on the employee. However, it is certainly advisable to have a mechanism for filing complaints; for example, if a complaint is filed orally, it should be recorded in writing that the complaint was filed, specifically when it was filed, who filed the complaint, to whom it was filed, and, if possible, at least a brief summary of the complaint’s content, etc. The above is not strictly necessary, as the law only requires the employer to respond to the complaint in writing; there is no requirement to keep a record of the complaint’s submission. However, for the employer’s own purposes, it is advisable to keep such records, including for the purposes of any subsequent proceedings or inspections by administrative authorities.
Is it possible to address information regarding other terms and conditions of employment, for example, solely through internal regulations? We are a small company and all employees have the same terms and conditions.
Provided it contains all the required elements, which are sufficiently clearly defined and applicable to each employee, this approach may fulfill the obligation; however, we recommend subsequently providing this information individually to each employee and ensuring delivery in accordance with the Labor Code.
Is it possible to refer only to a collective agreement? If there are no unions in the company, we only have guidelines. Is it possible to refer to a guideline?
Similar to the previous question, if your “guideline” or internal regulation contains all the required elements, which are sufficiently clearly defined and applicable to each individual employee, the obligation may be fulfilled in this manner; however, we recommend subsequently providing this information individually to each employee and ensuring delivery in accordance with the Labor Code.
Does the amendment to the Labor Code therefore abolish flexible working hours, which an employee can partially adjust? Must a fixed schedule be included in the contract?
The amendment to the Labor Code does not abolish flexible working hours; rather, it introduced a method for setting flexible working hours to be specified in the employment contract or in written information.
What about flexible working hours where the employee can determine the start and end of their workday themselves (no later than 9 a.m. in the morning and between 3:30 p.m. and 5 p.m. in the afternoon)?
The scheduling method must be specified in a written notice; that is, it should state how the employee may schedule their working hours, during which hours, and so on.
What should an employment contract for a home-office employee in the position of administrative assistant and telephone operator include?
An employment contract for any position must include the identification details of the employer and the employee, as well as the essential elements, which are:
a) the type of work and a brief description thereof,
b) the place of work (municipality, part of a municipality, or another specified location) or places of work, if there are multiple, or a provision stating that the place of work is determined by the employee,
c) the start date,
d) wage conditions.
We recommend that the employment contract also specify a probationary period and, if applicable, compensation for failure to remain in the job during the notice period.
Home-based work and telework are defined in Section 52(1) of the Labor Code: “If work that could be performed at the employer’s workplace is regularly performed within the scope of the established weekly working hours or a portion thereof from the employee’s home, it constitutes
a) home-based work
b) telework, if the work is performed using information technologies involving regular remote electronic data transmission.”
The performance of home-based work or telework requires an agreement between the employer and the employee in the employment contract. The employment contract may stipulate that home-based work or telework will be performed in whole or in part at a location designated by the employee, provided the nature of the work permits it. The employment contract may also specify the scope of home-based work or telework, or the minimum amount of work to be performed by the employee at the employer’s workplace, if home-based work or telework is not to be performed exclusively from the employee’s home. The employer and the employee may agree that, when performing home-based work or telework, the employee will schedule their own working hours within the entire week, or that home-based work or telework will be performed under flexible working hours.
At the same time, Section 52(2) of the Labor Code stipulates that work which an employee performs occasionally or under exceptional circumstances with the employer’s consent or by agreement with the employer from the employee’s home, provided that the type of work the employee performs under the employment contract permits it.
While in the case of home-based work and telework the employee performs their work from home on a regular basis, the home office allows the employee to perform work from home only occasionally or under exceptional circumstances. A home office is therefore only a short-term (irregular, temporary) performance of work with the employer’s consent or by agreement with the employer from the employee’s home, whereas home-based work and telework involve long-term performance of work from home pursuant to Section 52 of the Labor Code. Therefore, if an employee performs work exclusively from a home office, this constitutes home-based work or telework under the Labor Code.
Can information on working conditions (in writing) be included in the work rules, where we currently have them listed?
A similar question is answered above.
Working from abroad—could this be considered “working from the beach” for an employee? As a benefit, where they work for us “from wherever they want”? But they are not on a business trip.
With the employer’s consent or by agreement with the employer, an employee may occasionally perform work from home, provided that the type of work the employee performs under the employment contract allows for it. In this context, the employee’s home is considered the agreed-upon place of work outside the employer’s workplace.
If we hire a foreign national and the employment contract and all its terms are in the Slovak language, which they have signed, is that acceptable?
The Labor Code does not specify the language in which an employment contract must be drawn up, which may be an issue when hiring a foreign national for whom Slovak is not the working language. The solution is found in Section 8(2) of Act No. 270/1995 Coll. on the State Language of the Slovak Republic, according to which written legal acts in an employment relationship or a similar working relationship must be drawn up in the state language; in addition to the version in the state language, a version with identical content may also be drawn up in another language.
If employees directly declare their knowledge of the Slovak language such that they are capable of familiarizing themselves with the content of their job description in Slovak as well, we are of the opinion that this is not in conflict with the law. However, it is advisable for employees to provide this declaration in writing in case the burden of proof falls on them in a potential legal dispute.
If employees do not speak Slovak and are unable to familiarize themselves with the content of the job description, or do not have an official translation of the job description available,
we are of the opinion that this creates legal uncertainty in the employee-employer relationship and violates the principle of Article 2 of the Labor Code, as it constitutes conduct contrary to good morals. It is the employee’s duty to maintain work discipline and perform work tasks in accordance with the nature of the work, with individual tasks typically defined in the employee’s job description. It is the employer’s duty to inform the employee of the rights and obligations arising from the employment contract, as well as the working conditions under which the work is to be performed. However, if the employee is unable to familiarize themselves with these in the form provided by the employer, this fact cannot subsequently be held against the employee.
When sending pay stubs electronically, do we need to keep a record that the employee received and read them? We have an agreement regarding the electronic delivery of pay stubs. Thank you for your response.
When a pay stub is delivered electronically to an employee, no further confirmation of receipt is required; however, the employer must record in the system that the pay stub was actually delivered to the employee.
Is a brief description in the employment contract sufficient, with a reference to the document that is part of the employment contract?
Yes, that is possible; a similar question is answered above.
What is the difference between the payday and the due date for wages? We do not have a specific payday set. Is this a mistake?
An employee’s wages are due in arrears for a monthly period, no later than the end of the following calendar month, unless otherwise agreed in the collective agreement or the employment contract. Wages are paid on the pay dates agreed upon in the employment contract or collective agreement, or on the pay dates notified pursuant to Section 47a(1)(d).
Example: The employer agreed with the employee in the employment contract that the employee’s wages would be due no later than the 15th day of the following calendar month after the month for which the wages are calculated. This means that the employer must, for example, pay the employee’s wages for June 2022 no later than July 15, 2022.
Pursuant to Section 47a(1)(d), the employer is required to provide the employee with written information regarding their working conditions and terms of employment, including at least the following details if not already specified in the employment contract: the due date for wages and the payment of wages, including pay dates.
Failure to specify a pay date is one of the most common employer violations penalized by the Labor Inspectorate, as the pay date must be specified either in the employment contract, a collective agreement, or, pursuant to Section 47a(1)(d), provide the employee with written information regarding the due date of wages, the payment of wages, and pay dates. In your case, the simplest solution would be to add the pay date to the collective agreement (if you have one).
Do we also have to provide written information to a group of employees and attach a sign-in sheet with signatures confirming receipt of the information, or must the information be provided to a specific employee?
Pursuant to Section 47a of the Labor Code, the employer is obligated to provide the employee with written information regarding their working conditions and terms of employment, at a minimum to the extent of the data not already contained in the employment contract. The information may also be provided, for example, in the form of an internal regulation, provided it contains all the specified requirements, which must be sufficiently clearly defined and applicable to each individual employee. Nevertheless, we recommend subsequently providing this information individually to the employee and ensuring delivery in accordance with the Labor Code.
How should the following be correctly defined in a work agreement: place of work, auxiliary work on a construction site, and a different location every day? Place of work—Slovakia? Thank you.
If work is performed at multiple locations for the employer, the parties should, if possible, agree on multiple places of work in the employment contract. If the work is to be performed at various work locations that cannot be specifically defined when negotiating the employment contract, the place of work must be defined in the employment contract in another manner based on the conditions under which the work is to be performed, for example, by defining a specific territorial area or route within a territorial area. Place of work—a municipality, part of a municipality, or another specified location—may specify one or more places of work based on mutual agreement and according to the employer’s needs. Determining the place of work is significant in relation to travel allowances for business trips, as any work performed outside the agreed-upon place of work is considered a business trip. If you were to define the place of work too broadly, such an arrangement could be assessed by a court in any legal proceedings as a form of circumventing the law, and the court could order you, as the employer, to reimburse the costs incurred by the employee during business trips.
Hello. In agreements, is it sufficient to specify that work is required on business days during hours such as 7:00 a.m. to 5:00 p.m.? In principle, the employee then chooses for themselves.
Upon concluding a contract for the performance of work, a contract for student part-time work, or a contract for work activities, the employer is required to provide the employee with written information regarding
a) the days and time periods during which the employer may require the employee to perform work,
b) the notice period within which the employee must be informed of the performance of work prior to its commencement, which must not be less than 24 hours.
The definition you propose is sufficient in terms of compliance with legal provisions.
However, this obligation does not apply if,
a) the employer proceeds in accordance with Section 90(4) and (9) → The start and end of working hours and the schedule of work shifts shall be determined by the employer in agreement with employee representatives and announced in writing at the employer’s premises in a location accessible to the employee. The employer is required to notify the employee of the work schedule at least one week in advance, effective for at least one week.
b) the employer agrees with the employee that the employee shall schedule their own working hours, or
c) the average weekly working hours do not exceed three hours over a period of four consecutive weeks.
Paternity leave upon adoption of a child—will concurrent maternity leave for both the father and mother apply (for the first 2 weeks) from the time the child is taken into care?
Pursuant to Section 49(1)(a) of the Social Insurance Act, another insured person who cares for a child and who has been has been covered by health insurance for at least 270 days, is entitled to maternity benefits for a period of 2 weeks from the date of granting of maternity benefits, if he is the child’s father pursuant to paragraph 3(d).
Pursuant to paragraph 3(d), another insured person is the child’s father, until the expiration of six weeks from the date of birth; this period is extended by the calendar days during which the child was admitted to institutional care at a healthcare facility for health reasons on the part of the child or the mother, provided that the date of admission falls within the six-week period from the date of birth.
Thus, another insured person defined in Section 49(3)(g)—i.e., a natural person caring for the child based on a decision by the competent authority—is excluded from the option of concurrent maternity leave for both the father and the mother of the child for a period of two weeks. This category includes men who have taken custody of a child based on a court decision entrusting the child to care that replaces parental care, i.e., adoptive parents.
Based on the above, we consider that in the case of child adoption, the simultaneous use of maternity leave by the father and mother does not apply.
If an employee under a contract of employment schedules their own working hours, is it possible to apply the provisions regarding work from home (Section 52(7))—non-application of benefits, obstacles, and other provisions—by analogy?
The Labor Code is based on the premise that only those provisions of the Labor Code explicitly defined in Section 223(2) apply to an employment relationship based on agreements on work performed outside of an employment relationship. Section 52(7) of the Labor Code is not included in the provision in question, from which it can be inferred that the aforementioned provision does not apply to an employment relationship based on such agreements.
Does Section 164(3) not take into account a child who is over 8 years old but has a disability?
Pursuant to Section 164(3) of the Labor Code: “If a woman or man who is the primary caregiver for a child under the age of eight requests work from home, telework, or work performed from home pursuant to Section 52(2) for the purpose of child care, the employer is obligated to provide them with a written, reasoned response if the employer does not grant their request within a reasonable time. When assessing the request, the employer shall take into account its duties and the legitimate interests of the employee.”
The literal wording of the provision in question indicates that Section 164(3) of the Labor Code does not apply to children older than 8 years of age, even if the child has a disability. In any case, it is not ruled out that an employee may submit such a request; however, this will depend exclusively on an agreement between the employee and the employer, as it does not fall under the statutory provision in question.
A driver does not need to be on a business trip if it is shorter than the stipulated period of 3–4 weeks.
Given the general nature of the question and the lack of information, it is not possible to provide a definitive answer here. However, we would like to draw your attention to Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules in relation to Directive 96/71/EC and Directive 2014/ 67/EU on the posting of drivers in the road transport sector and amending Directive 2006/22/EC as regards compliance requirements and Regulation (EU) No 1024/2012.
The Directive clearly defines when a posting occurs and when it does not.
When is it not a posting?
Transit – a situation where the driver is merely passing through a country to which he is not transporting goods;
International bilateral transport operations – a situation where a driver travels from Slovakia (the carrier is established here) directly to transport goods to another country (e.g., Austria) under a transport contract, and vice versa
Bilateral transport operation with additional activity – a situation where a driver traveling from Slovakia to Germany performs one loading and/or unloading of goods in the countries through which they pass. Alternatively, if he does not perform any additional activity on the way to Germany, he will be able to perform two such loadings and/or unloadings on the return trip to Slovakia. Of course, this is always subject to the condition that the loading/unloading is not performed in the same country (i.e., the driver cannot both load and unload goods in the Czech Republic);
When is it considered posting?
Cabotage – which occurs when a driver temporarily performs domestic transport in an EU country other than the country where the employer’s company is established,
Transport by third-country carriers—which occurs when a driver performs transport between two EU countries or between an EU country and a third country, and their employer is not established in any of these countries.
What exactly is the duration of the probationary period? If the employment contract began, for example, on December 1, 2022, and the probationary period is agreed upon as 3 months, is the last day of the probationary period March 1, 2023, or February 28, 2023?
For the purposes of calculating the duration of the probationary period, one must rely on the rules for calculating time periods contained in the Civil Code. Pursuant to Section 122(2) of the Civil Code, the end of a period determined by months falls on the day whose number corresponds to the day on which the event from which the period begins occurs; if such a day does not exist in the last month, the end of the period falls on the last day of the month.
Example: The employer and employee agreed that the employee would start work on September 1, 2022, and they also agreed on a probationary period of 3 months. In such a case, the last day of the probationary period (provided there are no obstacles to work on the employee’s part) will be December 1, 2022, meaning that on this day, both the employer and the employee may validly terminate the employment relationship during the probationary period.
It is also necessary to take into account the provision of Section 45(3) of the Labor Code, which states: “If, during the agreed probationary period, an employee fails to work an entire shift due to an obstacle to work on their part, the probationary period is extended by one day.” Therefore, if an employee misses even part of a shift due to obstacles to work on their part, the probationary period is extended by one day for each day on which the employee missed the shift or part thereof.
Applying the above, if the employment relationship began on December 1, 2022, and the probationary period is 3 months, the last day of the probationary period will be March 1, 2023, unless it is extended due to obstacles on the employee’s part.
Can I pay an employee under a contract for work a special bonus not specified in the contract + a bonus for hours worked as per the contract?
Yes, the Labor Code in no way restricts the employer’s ability to provide an employee in an employment relationship based on a contract with a special bonus paid in addition to the agreed-upon remuneration.
What form should the determination of the place of work take if multiple locations are agreed upon in the employment contract? Is it sufficient for the statutory representative to determine the place of work depending on the organization’s needs?
If the employer requires work to be performed at multiple locations, the parties should, if possible, agree on multiple places of work in the employment contract. If the work is to be performed at various workplaces that cannot be specifically defined at the time of negotiating the employment contract, the place of work must be defined in the employment contract in another manner based on the conditions under which the work is to be performed, for example, by defining a specific territorial area or a route within a territorial area. Place of work—a municipality, part of a municipality, or another specified location—may specify one or more places of work based on mutual agreement and according to the employer’s needs.
Specifying the place of work is significant in relation to travel allowances for business trips, as any work performed outside the agreed-upon place of work is considered a business trip. If you have defined the place of work too broadly, such an agreement could be assessed by a court in any legal proceedings as a form of circumventing the law, and the court could order you, as the employer, to reimburse the costs incurred by the employee during business trips. Furthermore, in the case you described, the place of work is not geographically defined at all (the definition “depending on the organization’s needs” is insufficient and too general, and could imply that work can be performed anywhere, even in another country; therefore, it is essential to specify the geographical location of the place of work). Of course, the determination of the place of work is also assessed with regard to the specific job position and job description. The place or places of work can be established either by specifically defining the location(s) where the work is primarily performed (e.g., the employer’s headquarters, branch office addresses, offices, etc.), or by defining a specific territorial area (municipality, region, etc.) in such a way that it is sufficiently specific and, at the same time, not defined too broadly (we therefore do not recommend defining the place of work as the territory of the Slovak Republic, etc.).
I want to send the RZD confirmation and the payment confirmation electronically based on an agreement on electronic delivery, but my payroll software only generates a confirmation of email dispatch: the name of the form I am sending, the recipient’s email address, the date and time of dispatch, and the status “sent” or “sending error.” I am now sending pay stubs this way as well, and it works fine. Would it be possible to send employment certificates this way as well?
Pursuant to Section 75(2) of the Labor Code: “Upon termination of the employment relationship, the employer is required to issue an employment certificate to the employee.”
At the same time, Section 38(1) of the Labor Code, which governs delivery, stipulates that documents from the employer concerning the establishment, modification, or termination of the employment relationship, or the establishment, modification, or termination of the employee’s obligations arising from the employment contract, must be delivered to the employee in person. The employer delivers documents to the employee at the workplace, at their residence, or wherever they may be found. If this is not possible, the document may be delivered by a postal service as registered mail.
A certificate of employment, as a document related to the termination of employment, must—in accordance with the aforementioned provisions—be delivered primarily at the workplace, at the employee’s residence, or wherever the employee can be reached, and only subsequently via a postal service as a registered letter. At the same time, however, you may request the employee’s cooperation in receiving the confirmation, e.g., by requesting that they pick it up at a specific time and place.
