Explore the intricacies of temporary work suspension under labor law in our informative guide. Discover the duration of suspension periods, employer rights, employee entitlements, and how these regulations ensure a fair balance between employer needs and employee rights
Question: From a customer
My company lost a large amount of money, the head of the accounting department was temporarily suspended from work to verify, the worker’s salary was also delayed and not yet paid. How long is the suspension period for verification?
Answer: According to Labor Law 2019
Specifically, the provisions of Clause 2, Article 128: The head of the accounting department may temporarily suspend from work to verify the amount of money lost, the time limit shall not exceed 15 days. more than 90 days.
Also according to the provisions of Article 128 on temporary work suspension:
1. The employer has the right to temporarily suspend the employee’s work when the violation case contains complicated circumstances if it deems that allowing the employee to continue working will cause difficulties for verification. The temporary suspension of work of an employee shall be made only after consulting with the representative organization of employees at the establishment of which the employee being considered for temporary suspension is a member.
2. The duration of temporary work suspension must not exceed 15 days, and in special cases must not exceed 90 days. During the period of temporary suspension of work, the employee is entitled to an advance of 50% of the salary before being suspended from work.
At the end of the work suspension period, the employer must accept the employee back to work.
3. In case the employee is disciplined for labor, the employee is not required to return the advance salary.
4. If the employee is not disciplined, the employer will pay full salary for the period of temporary suspension from work.
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