A suspension or being placed on non-active status is often a serious matter for an employee. From one moment to the next, someone is no longer allowed to work and sometimes has to hand in company property immediately. For an employer, suspension is usually a temporary measure to create calm while a situation is being investigated. It often concerns suspicions of misconduct, fraud, an integrity breach or a serious conflict in the workplace. In this blog you will read what suspension or non-active status means, when it is permitted, whether pay must continue during suspension and what requirements a careful investigation must meet.
What is suspension or non-active status?
In practice, the terms suspension and non-active status are often used interchangeably. In both cases the employee is temporarily excluded from performing work. Sometimes a suspension is seen as a disciplinary measure and non-active status as a neutral organisational measure, but in essence it always comes down to the same thing: the employee is temporarily not allowed to work.
An employer can sometimes base this measure on the employment contract, a collective labour agreement or a staff handbook. If no such arrangement exists, that does not automatically mean suspension is impossible. However, the employer must then be able to explain particularly well why the measure is necessary and reasonable.
When may an employer suspend an employee?
An employer may not suspend an employee without good reason. A compelling reason must exist. Think, for example, of a serious suspicion of fraud, transgressive behaviour, an integrity issue or an escalation in the workplace that makes continued work temporarily irresponsible.
In addition, suspension must be proportionate. This means it must first be considered whether a lighter measure is possible. The employer must also act carefully, weigh the interests of the employee and not let the measure last longer than necessary. It is wise to always confirm a suspension in writing, including the reason, start date, expected duration and practical arrangements.
Investigation after suspension: which requirements apply?
A suspension is often followed by an internal investigation. Such an investigation after non-active status or suspension must proceed carefully, especially because the outcome can have major consequences. In some cases the investigation may ultimately lead to dismissal, but this is not necessarily the case.
A few points are important here:
- Right to be heard: the employee must be given a fair chance to respond to the allegations.
- Careful fact-finding: the employer must investigate the facts thoroughly and must not draw conclusions too quickly.
- Promptness: an investigation must not take unnecessarily long.
- Documentation: conversations, findings and decisions must be properly recorded.
- Privacy and confidentiality: information must be handled with care.
A sloppy or one-sided investigation can weaken the employer’s position and lead to disputes about the lawfulness of the suspension or the follow-up steps.
Pay during suspension or non-active status
A frequently asked question is: do I keep my right to pay during suspension? In most cases the answer is yes. If the employee is not allowed to work due to a decision by the employer, pay generally remains due under the statutory rules on continued payment of wages. This usually also applies when there was a serious reason to temporarily remove the employee from the work process.
For employers, this is an important point of attention. Suspension without continued payment is usually difficult to sustain in practice. For employees, an unjustified suspension of pay often means they can claim payment of the arrears in wages.
Employee rights during suspension
An employee has various rights during suspension or non-active status. Anyone who disagrees with the measure is wise to object quickly in writing and to make clear that they remain available for work. This can be important if a dispute later arises about pay, returning to work or further measures.
Moreover, a suspension of an employee does not automatically lead to dismissal. Sometimes the investigation ends without consequences, sometimes a warning follows and sometimes a dismissal procedure is started after all. That is precisely why it is important to act carefully from the very first moment and to seek legal advice.
Frequently asked questions about suspension and non-active status
Can an employer suspend me just like that?
No, an employer may not suspend an employee without good reason. There must be a sound and compelling reason, and the measure must be careful and proportionate.
Am I entitled to pay during suspension?
Yes, in most cases your salary simply continues to be paid during a suspension or being placed on non-active status.
How long may a suspension last?
A suspension may not last longer than necessary. The measure must be temporary and tied to a clear purpose, such as an investigation or restoring calm.
Must I be heard during the investigation?
Yes, the employee must be given the opportunity to respond to accusations or allegations.
Does suspension always lead to dismissal?
No, suspension does not automatically mean dismissal. It can also end without any further measure.
Conclusion
A suspension or non-active status is a serious measure that must be applied carefully. For employers, it is important to have a clear reason, to record the measure properly and to carry out a careful investigation. For employees, it is important to respond quickly, to object if necessary and to safeguard their rights.
Are you dealing with a suspension at work, the non-active status of an employee or an investigation following a labour dispute? Then it is wise to seek advice in good time.
