Important and/or distinctive aspects of recruitment legislation in Slovakia

The Slovak Labour Code (the "SLC") distinguishes between an individual seeking his/her first job/formal employment and an individual who has already been employed. As regards the former, the employer may only demand information related to the work or tasks that are to be performed, whereas for the latter, the applicant may also be asked to submit an employment evaluation and confirmation of employment.

However, certain information cannot be requested from any applicant, including information concerning pregnancy, family relationships, integrity (besides some exceptions), political and religious affiliation or trade union membership. Note that an employer cannot refuse to employ an applicant based on his or her social media profile.

In addition, the SLC provides increased protection for adolescent applicants. For example, the employer may only conclude an employment contract with an adolescent upon medical examination of the adolescent and the employer is obliged to request a statement from the adolescent's statutory representative as well.

Criminal record checks and health checks

Any background information, health information and information on a criminal record should generally be treated as confidential and the employer is not permitted to require such information from the applicant.  However, for some professions (e.g. policemen, teachers) the law requires a clean criminal record as a condition of employment and the employer is obliged to determine whether this condition is fulfilled.  Moreover, the character of the work may require a clean criminal record and would therefore justify the need for a criminal background check.

In relation to health checks, pursuant to the SLC:

"if health capacity to work or mental capacity to work or other precondition pursuant to special law is required for the performance of work, the employer may only conclude an employment contract with a natural person having health capacity or mental capacity to perform such work, or with a natural person meeting other precondition pursuant to a special law."

In such cases, the employer is permitted to reject a candidate based on their medical report or health check results.