Ask the law: Unfair suspension and withheld salary – employee rights clarified
Understanding your rights in case of suspension, salary withholding, workplace concerns
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Question:
I have been working in a private company for 4 years. For 3 months, I have been suspended from work due to a complaint against me filed with the police by someone for a reason that has nothing to do with my work. I have not received my salary for 4 months.
I had appealed to employer to put me back to work, but he refused and asked me to complete the complaint file first, and then return to work. I also have not taken annual leave for two years. My question: What is the appropriate action to take against the employer? Does the employer have the right to suspend me from work for reasons that are not related to work? Please advise.
Answer:
As per Article 40 of the Labour Law No. 33 of 2021, the employer may temporarily suspend the worker from work 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 judgment is issued by the competent judicial authority.
His wage shall be suspended for the suspension period. If a judgment is issued for not putting the worker into trial, he was acquitted for absence of felony, or the investigation concluded to drop the case due to lack of evidence, he shall be returned to work, along with paying his full suspended wage.
But, as per Article 41 of the same law, it is not permissible to impose any disciplinary sanction to the worker for an action committed by him outside the workplace unless it is related to work.
The procedure to be taken is to file a labour complaint against the employer for suspending you from work for action not related to work. You have also to request annual leave and salaries.
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