Ask the law: Legal grounds for suspending employee
Company owner seeks clarity on legal grounds for termination of worker
Question:
I am the owner of a private company and I want to know, according to the Labour Law, what are the cases in which an employer has the legal right to suspend a worker from work, how long is the suspension period, and is it without pay?
If I discover that the worker is guilty and I terminate his services, do I have the legal right to deprive him of the end of service? Do I have the right to claim the damages I suffered due to his action? Please advise.
Answer:
To answer such question, I would advise the questioner that:
As per article 40 of the Labour Law, the employer may suspend the worker temporarily from work in the following cases:
a.) for a period not exceeding (30) thirty days, in order to conduct a disciplinary investigation with him if the investigation interest so requires, along with suspending half the wage during the suspension period. If the investigation concludes keeping the case, non-violation or punishment of the worker by warning, the worker shall be paid the wage that was suspended during the suspension period.
b.) when he is accused of committing a crime of assault on oneself, money, or crimes related to breach of honour or trust, until a final judgement is issued by the competent judicial authority. His wage shall be suspended for the suspension period.
If a judgement is issued for not putting the worker into trial, he was acquitted for absence of felony or the investigation concluded keeping the case due to lack of evidence, he shall be returned to work, along with paying his full suspended wage.
As for the end-of-service dues, the new law did not mention specific cases to deprive the employee from his end-of-service dues which will be a matter for the court to decide on.
Regarding the damages you suffered due to the employee’s action, you have the right to request and the court will also decide about them, taking into consideration that the burden to prove such damages lies on you.