Legal and Factual Barriers to the Termination of Employment of a Disabled Employee in the Slovak Republic

Abstract

In the first part of the article, the authors analyse the legislation of the Slovak Republic relating to the termination of employment of an employee with disabilities. In that regard, in the main part of the article, they point to the fundamental contradiction of the case-law and practice of public authorities in the question of defining a disabled employee as well as in the question of the authority of a public authority which creates fundamental practical barriers for the employer in the intended termination of employment with such an employee. The conclusion goes from practical problems to theoretical considerations of the justifiability of the legislation in question which aims to protect groups of disabled workers at particular risk.