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How will the so-called “Lex Korona” improve the business environment in Slovakia? | News Flash

July 29, 2020
This article is also available in
Slovak

At the end of June, the National Council of the Slovak Republic approved extensive proposal for amendments to several laws from the Ministry of Economy of the Slovak Republic that covers numerous areas of business life. So-called “Lex Korona” ultimately represents simplification of many obligations that put administrative burden on entrepreneurs in Slovakia. There is an extension of many tight deadlines, as well as the abolition of reporting obligations related to facts that a state can ascertain them from other sources.

Simona Klučiarová, Senior Associate from our own law firm Accace Legal in Slovakia, prepared a selection of the most interesting adopted and planned changes for businesses in Slovakia.

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Warranty complaint handling may be extended

Until now, the seller was obliged to handle the warranty complaint within 30 days of its application. From now on if an object of the complaint is taken over by a seller on a later day than the day of the warranty complaint, the period for handling the warranty complaint begins from the day of take-over of the object of the complaint by the seller, but at the latest from the moment when the seller prevents or precludes the take-over of the object of the warranty complaint.

The limit for carrying out a statutory audit was increased again

Despite the fact, that the limits for carrying out a statutory audit were increased as of January 2020, thanks to “Lex Korona” another change takes place, even twice.

For the accounting period beginning on January 1, 2021, the auditors´ statutory audit is required if the total amount of assets exceeds EUR 3,000,000, the net turnover exceeds EUR 6,000,000 or the average recalculated number of employees in one accounting period exceeds 40 and at least two of these conditions must be met.

For the accounting period beginning on January 1, 2022, these limits are increased once more, as follows: the total amount of assets must exceed EUR 4,000,000, the net turnover must exceed EUR 8,000,000 or the average recalculated number of employees in one accounting period must exceed 50.

Employer´s obligations to the Social Insurance Agency are changing

From January 1, 2021 the employer´s obligation to deregister from the Social Insurance Agency within eight days from the day on which he/she no longer employs any employee is abolished.

The Social Insurance Agency will terminate the employer´s registration in the register of employers by deregistering its last employee from the register of insurers and savers of old-age pension savings.

From January 1, 2023 within the meaning of the amendment, the obligation of the employer to announce the beginning and the end of the maternity leave or parental leave is abolished. Until then, employers must continue to fulfil this obligation.

Changes in OSH

The employer´s obligation to regularly evaluate the concept of occupational safety and health policy (OSH) is changing. From now on, the employer is obliged to evaluate the existing concept of OSH only if it is necessary, for example, if he/she accepts its changes.

Another change in this area is that not every employer is obliged to appoint one or more employees as employee safety representatives.

Pursuant to the adopted amendment, this obligation is effective only for the employers who employ at least ten employees or whose code according to the statistical classification of economic activities is given in Annex no. 1 to the OSH Act. Other employers can do so voluntarily.

In connection with the OSH, another significant change is planned, and that is adjustment of the employer´s and employee´s obligations in case of work from home (so-called home office) in the field of OSH, fire protection, working time records and ergonomics at the workplace.

The Ministry of Labour, Social Affairs and Family of the Slovak Republic should submit a draft act to the government for discussion by October 31, 2020 at the latest.

A possible end of meal vouchers in Slovakia

The previously mentioned draft act by the Ministry of Labour, Social Affairs and Family of the Slovak Republic should also cover the possibility for employees to choose between meal vouchers and financial contribution for meals.

The interruption of the commercial trade will be possible even for 1 month

Currently, self-employed persons can interrupt their business activities for at least 6 months.

However, the Ministry of Interior of the Slovak Republic shall submit a draft act by October 31, 2020, in which this period will be shortened to 1 month.

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