Ask the law: Worker suspended without investigation, salary withheld for 3 months
Clarifying workplace suspension and employee rights, know the legal provisions
Question: I have been working in a private company for two years. Two months ago, my employer suspended me from work for no reason and without any investigation – just false allegations – and my salary has been suspended for 3 months.
My question is: Do I have the legal right to resign and work for a new employer? When does an employer have the right to suspend a worker from work and how long is the suspension period? Please advise.
Answer:
I would advise the questioner the following:
It is better if you file a complaint with the Labour Office instead of resigning, because the employer violated the Labour Law by suspending you from work without investigation and without giving you any salary for several months.
The Labour Law prescribes three types of suspension from work the employer may impose to an employee.
The first one is stated in Article 39 of the Labour Law, which covers a period not exceeding (14) fourteen days and non-payment of wage for the suspension days, which is a kind of penalty to the employee when he violates the provisions of this Decree-Law, its Implementing Regulation and resolutions issued for its implementation,
The other two temporarily suspensions are mentioned in Article 40 of the same law, where the employer may suspend the worker temporarily from work 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 concluded 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.
The employer may also 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 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.
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