In a few days, we are going to celebrate the 30th anniversary of the Velvet Revolution that saved us from the jaws of communism and started the transformation to democracy. Later on, 17 November was declared as Day of Freedom and Democracy (Slovak public holiday).
This year, employees working on 17 November 2019 could celebrate the 30th anniversary of the Velvet Revolution (also) by possible multiple preferential wage rates. It is because this year 17 November falls on Sunday.
According to the freshly renewed Slovak Labour Code regarding the preferential wage rate from May of this year, an employee who will work on Sunday, November 17, will be entitled to the wage earned plus an allowance equivalent to at least 100% of the minimum wage for work on Sunday as well as an allowance amounting to at least 100% of the employee’s average wage for work on a public holiday. The above allowances sum up and belong to the employee for every performed work hour.
Hypothetically if an employee during his/her work on November 17 does at the same time overtime and/or night work is also entitled to allowances for overtime work and/or nightwork. Currently, the preferential wage rate for overtime work represents 25% of employee´s average earnings (an employee who carries out hazardous work shall be entitled to a preferential wage rate in the sum of at least 35% of the employee´s average earnings) and the preferential wage rate for night work represents the sum of at least 40% of the minimum wage (an employee who carries out hazardous work shall be entitled to a preferential wage rate in the sum of at least 50% of the minimum wage) per hour. Also, in this situation, all the allowances sum up.
Possible exemptions and restrictions
To be eligible for allowances for work on Sunday and/or public holiday it does not matter if the employee is employed on the basis of an employment agreement or agreements on work outside the employment (e. g. work activity agreement, student temporary work agreement). The exemption occurs in case of an employee who carries out work under agreements on work outside the employment who is entitled only to a preferential wage rate for a public holiday in the amount of at least 100% of the minimum wage (not his/her average earnings as is mentioned).
Besides that, it is also important to consider whether the workplace has a night shift operation or not. It is essential, whereas the definition of a day for purposes of determination of the entitlement to allowances for a public holiday and the weekend day differ in these terms.
A non-working day (public holiday/weekend) in workplaces with night shifts commences at the time corresponding to the commencement of the shift which is the first morning shift to commence in the working week pursuant to the shift schedule and ends with the expiry of 24 hours. Therefore, every shift starting its work on the day of a public holiday or weekend day is entitled to attributed allowances. However, the night shift which commences on the eve previous the non-working day even though ends on the day of non-working day is not entitled to such allowances.
For workplaces without night shifts a non-working day commences and ends within the calendar definition of a day and an employee is entitled to such allowances within calendar determination of the day of public holiday and/or weekend day.
17 November 2019 will (definitely) produce quite a lot of extra cash in pockets of employees, but we have to remember that 17 November 1989 had brought us much more – it opened the door to freedom, to a modern and democratic Slovakia.
This year, employees who would be working on 17 November 2019 could celebrate the 30th anniversary of the Velvet Revolution (also) by possible multiple preferential wage rates. It is because this year 17 November falls on Sunday.