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Managing employees - an asset or a future competition for an employerLegal view
25 Feb 2013 Career and HR
Some employers think that finding an excellent manager is mission accomplished and that subsequently work will go smoothly without further effort. But legal practice sometimes shows otherwise. In any case, compliance with the law, proper motivation, and clear contract terms, are an essential basis for successful cooperation between a company and its manager.
Contract terms with managers under the Slovak Labour Code; Changes from 1 January 2013
Ensuring that a manager is an asset for an employer starts with a tailor-made contract that should reflect what both parties expect from each other.
A proper entrance means an easier exit
As a general rule, employers may only terminate employment on grounds expressly stated in the Slovak Labour Code. Under the amendment, from January 2013 the concurrence of the notice period and severance pay was reinstated if employment is terminated on organisational grounds or for health reasons. This measure means increased costs when terminating contracts with managers.
Managing employees usually have access to the most confidential data on a company and its business. During an employment relationship the law restricts an employee from engaging in competitive conduct without their employer’s consent. For specified positions an employment contract can include a non-competition clause to prohibit the pursuit of profitable activities which would compete with the employer’s business after their employment with a company has ended - for a maximum of one year.
Source: Elena Chorvátová, Attorney at Law, PETERKA & PARTNERS Law Offices
This article is for information purposes only. Under no account can it be considered as either a legal opinion or advice on how to proceed in particular cases or on how to assess them. If you need any further information on the issues covered by this article, please contact PETERKA & PARTNERS, Tel. +421 2 544 18 700; E-mail: email@example.com; www.peterkapartners.com
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Founded in 2000, PETERKA & PARTNERS has grown into a full-service law firm with over 100 lawyers and eight offices in Prague, Bratislava, Kyiv, Sofia, Moscow, Bucharest, Warsaw and Minsk and has built up a highly regarded practice within the CEE region.
PETERKA & PARTNERS has been consistently ranked among the best practices in the leading publications on the legal services market, such as Chambers, Legal500 and IFLR1000.
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