Pre-trial Detention and Labour Law Relationships

Abstract

During the employment relationship, there can occur situations that prevent the employee from performing work due to reasons by both the employer and also the employee. Some situations are envisaged by the Slovak Labour Code and, during their existence, the applicable legislation provides the employee with time off and, in specified cases, also with compensation of wages. The employee being taken into custody (pre-trial detention) is one of the reasons of employee’s absence from work; although it is not so frequent, there still exist such cases. Since the Slovak Labour Code does not explicitly link the existence of such a situation to the employer’s obligation to justify absence from work, there are different views on how to deal with such a situation. The paper, therefore, seeks to present a possible solution for employers when their employees are taken into custody – pre-trial detention.

Keywords

• labour law
• labour code
• code of criminal procedure
• absence from work
• obstacles to work
• pre-trial detention
• the slovak republic