Newsletter
8 May 2026: what it means for you as an employer
The government temporarily abolished 8 May 2026 as a day of work rest, but the Labour Code still defines it as a public holiday. Three options for employers, their financial and legal risks, and what we recommend.
Summary of the situation
As part of the consolidation package (Act No. 261/2025 Coll.), the government temporarily abolished 8 May 2026 as a day of work rest (deň pracovného pokoja). At the same time, the Labour Code (Zákonník práce) continues to define this day as a public holiday (sviatok). This has created an unprecedented legislative situation: 8 May 2026 is simultaneously a working day and a public holiday.
The Ministry of Labour, Social Affairs and Family of the Slovak Republic (MPSVR SR) issued an official position on 13 April 2026. Legislative changes may be adopted at the April session of the National Council (NR SR, from 14 April 2026) — we recommend monitoring the situation.
Your options and their risks
Option A — Employees work with a holiday supplement
Employees come to work as on any regular working day. For each hour worked, they are entitled to a supplement of 100 % of their average hourly earnings on top of their regular wage — effectively doubling the cost of labour on this day.
- Financial burden: high (2× wage)
- Legal risk: low to medium
- When it makes sense: continuous operations, manufacturing, transport, security and healthcare services, hospitality
What to watch out for: For administrative and office-based positions, there is a legal dispute as to whether ordinary work may be ordered. The Ministry's (MPSVR SR) position is that it can. A number of lawyers and trade unions (odborové zväzy) take the opposite view — citing § 94(4) of the Labour Code, which restricts the types of work that may be ordered on a public holiday. In the event of a dispute with an employee, we recommend seeking agreement rather than issuing a unilateral instruction.
Option B — Paid time off / employer-side work obstacle
The employer keeps employees at home. This is done either by formally invoking an employer-side work obstacle (prekážka v práci na strane zamestnávateľa) or by granting paid time off (platené pracovné voľno). The employee is entitled to wage compensation equal to their average earnings — without any supplement. The financial outcome is identical to standard public holiday leave.
- Financial burden: low (1× wage, no supplement)
- Legal risk: low — the cleanest and most predictable option
- Notice: we recommend written notice at least 7 days in advance
Option C — Ordering annual leave ⚠ Not recommended
At first glance an attractive option — no supplement required and the employee uses up a leave day. In practice, however, it runs into a fundamental problem under § 112(3) of the Labour Code: if a public holiday falls on an employee's normal working day during annual leave, that day is not counted as a day of annual leave. Since 8 May remains a public holiday under the Labour Code, the prevailing view among lawyers and trade unions is that the employee's leave entitlement does not decrease — regardless of the employer's instruction.
- Financial burden: low in theory; in practice comparable to Option B
- Legal risk: high — MPSVR holds a different interpretation from the majority of lawyers and trade unions. The outcome of a dispute is uncertain.
- Notice: statutory notice period of 14 days — critically short at this stage
Options at a glance
| A — Work with supplement | B — Paid time off | C — Annual leave | |
|---|---|---|---|
| Financial burden | High (2× wage) | Low (1× wage) | Low in theory; in practice comparable to B |
| Legal risk | Low–medium | Low | High |
| Recommendation | ✅ If operations require it | ✅ Preferred option | ⚠ Not recommended |
| Notice to employees | As soon as possible | Min. 7 days in advance | Min. 14 days — critically late |
Questions and answers
Q: Am I required to pay the holiday supplement even if I assumed 8 May would be a regular working day without any supplement?
Yes, if the employee works on that day. The official position of MPSVR dated 13 April 2026 confirms that since 8 May remains a public holiday under the Labour Code, the entitlement to a 100 % supplement remains in force. We recommend paying the supplement — taking the opposite approach would be risky in the event of a labour inspection (inšpekcia práce) or court proceedings.
Q: What if an employee refuses to come to work?
According to MPSVR's interpretation, 8 May is a regular working day and the employee is obliged to report for duty. However, employees in administrative and office-based roles may invoke the restrictions under § 94(4) of the Labour Code. This dispute has not been resolved by legislation — we recommend communicating with affected employees in advance and prioritising agreement.
Q: Can I order annual leave and thereby reduce the employee's leave balance by one day?
This is disputed. MPSVR takes the view that it is possible. However, the majority of lawyers and trade unions hold the opposite view — referring to § 112(3) of the Labour Code. We therefore recommend considering this option only after consultation with an employment law attorney.
Q: What if an employee wants the day off on 8 May and does not wish to work?
The employee must request leave — either as annual leave (dovolenka) or another type of absence. No automatic entitlement to a day off arises solely on the basis of it being a public holiday, since 8 May is not a day of work rest. If the employer approves annual leave, proceed with awareness of the disputed application of § 112(3).
Q: Could anything change before 8 May?
Possibly. An amendment clarifying the situation by legislative means may be adopted at the April session of NR SR. We recommend monitoring legislative developments — should anything change, we will inform you without delay. In the meantime, we recommend acting in accordance with MPSVR's position dated 13 April 2026.
Q: Does the same apply to 15 September 2026?
Yes. The feast of Our Lady of Sorrows (15 September 2026) is in the same legal position as 8 May. All of the conclusions above apply to it equally. We recommend applying your chosen approach consistently to both days.
If you need help setting up payroll for 8 May or 15 September, book a 30-min call or email us at info@capila.io.