The amendment to Act No. 2/1991 Coll. on Collective Bargaining, in effect from September 1, 2017, redefines the extension of the binding force of higher-level collective agreements also to other employers operating in the respective business sector or part of the sector.

The amendment was adopted despite the fact that the meeting of the Government, employer’s associations and labor unions did not reach a consensus on this matter. The amendment had been opposed by the Trade Unions Confederation, the National Union of Employers as well as the Federation of Employers’ Associations.

On the basis of the amendment, the contracting party or parties to a higher-level collective agreement fulfilling the condition of representativeness in the given business sector (or part of the sector) has the right to notify the Ministry of Labor, Social Affairs and Family of the Slovak Republic that they have concluded a representative higher-level collective agreement. The agreement should also have effects on other employers in the business sector (or in part of the sector) in which the agreement is representative.

If the conditions for the representativeness of a higher-level collective agreement are fulfilled, the Ministry will promulgate the conclusion of such an agreement in the Collection of Laws of the Slovak Republic. A tripartite commission has been set up through which representative associations of employers and employees can give their opinion about the fulfillment of the conditions of representativeness.

A representative higher-level collective agreement is binding on other employers and their employees in the business sector (or part of the sector) for which it has been concluded from the first day of the calendar month following the calendar month in which the notice of conclusion of such agreement was promulgated in the Collection of Laws, provided that the notice was promulgated by the 15th day of the given calendar month. If this notice was promulgated after the 15th day of the respective calendar month, a representative higher-level collective agreement is binding on other employers and their employees from the first day of the second calendar month following the calendar month in which such notice was promulgated in the Collection of Laws.