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In what circumstances can a worker’s employment contract be temporarily suspended?

According to Article 30 of the Labor Law 2019, the circumstances under which a worker’s employment contract may be temporarily suspended include:

1. The employee is conscripted into the army or militia;

2. The employee is held in custody or detention in accordance with the criminal procedure law;

3. The employee is sent to a reformatory school, drug rehabilitation center or correctional facility;

4. The female employee who confirmed by an authorized medical facility, that continuing to work will adversely affect the fetus, have the right to unilaterally terminate or temporarily suspend their employment contract. In the case of unilateral termination or temporary suspension of the employment contract, notice must be given to the employer along with confirmation from the authorized medical facility regarding the adverse effects on the fetus.

In the case of temporary suspension of an employment contract, the duration of the suspension is agreed upon by the worker and the employer, but it must be at least equal to the time specified for temporary leave by the authorized medical facility. If there is no specified duration for temporary leave by the authorized medical facility, the two parties shall agree on the duration of the temporary suspension of the employment contract.

5. The employee is designated as the executive of a wholly state-owned single-member limited liability company;

6. The employee is authorized to representative the state investment in another enterprise;

7. The employee is authorized to represent the enterprise’s investment in another enterprise;

8. Other circumstances agreed upon by both parties.

During the period of temporary suspension of the employment contract, the worker shall not receive wages or the rights and benefits stipulated in the employment contract, unless otherwise agreed upon by both parties or provided for by law.

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