The Slovak Labour Code stipulates that if the employer wishes to terminate employment by giving notice, the employer must consult the contemplated notice with the employees' representatives (e.g. trade union) before giving notice. If the employer fails to do so, the notice will be invalid.
The Slovak Supreme Court held that the condition of consulting the notice was fulfilled where the employer consulted the notice with the employees' representatives even if the employer later changed the date of the notice before giving it to the employee concerned. As long as the reason for giving notice remains unchanged, the employer may rely on the consultation procedure carried out. If the notice (and the reason for the notice) has already been consulted with the employees' representatives and the only difference between that notice and the notice to be given is the issue date, the employer is not required to repeat the consultation procedure.
This means that the employer, after consulting the notice, but before giving it to the employee concerned, may reissue the notice with a new date without having to consult it with the employees' representatives again, provided the reason for the notice remains unchanged. The consultation procedure will be deemed kept and the reissued notice may not be declared invalid due to a failure to comply with the statutory consultation procedure.