Suspending an employee is not something you do lightly

Suspending an employee is not permitted arbitrarily: you need a good reason, no less severe measures may be possible, and you must continue paying their salary. A suspension is a temporary measure (often a maximum of two to three weeks) aimed at recovery, not punishment. If you suspend too quickly, a later dismissal procedure may fail and cost you substantial compensation.

Sometimes there is temporarily no other option — in cases of misconduct or a serious suspicion of fraud requiring prior investigation. In such cases, an employer may consider suspension. However, this should not be done too hastily.

What is a suspension?

A suspension is a disciplinary measure whereby the employee is not allowed to work for a certain period, without constituting dismissal. The employment contract continues, so the terms and conditions of employment remain in effect: you continue to pay the salary and leave accrual continues as usual. A suspension is always temporary.

When and why to suspend?

Suspension occurs in cases of a strained employment relationship or a situation in which the employee can no longer be expected to come to the workplace — often because the employer wishes to conduct an investigation first and does not want to dismiss the employee too quickly, for example in cases of suspected fraud or theft. Although a suspension is sometimes a precursor to dismissal, the restoration of the normal employment relationship remains the guiding principle. In the event of a serious conflict with a colleague, for example, the period can be used to calm tempers and seek solutions.

Conditions for a suspension

• You must have a very good reason, and no lesser measures should be possible.
• You continue to pay the salary and respect the other terms and conditions of employment.
• The suspension must not last too long; generally, two to three weeks is considered the upper limit. Sometimes the maximum duration is stated in the collective labor agreement.

The employee can demand a return to the workplace through summary proceedings. The judge then weighs all circumstances: past performance, performance reviews, the reason for the suspension, the relationship with colleagues, and whether there is a compelling reason. Therefore, seek advice beforehand: a suspension that is too hasty can render a later dismissal unlawful, resulting in high costs. For instance, in a case concerning a teacher who was suspended after writing a critical book, pay fair compensation of 40,000 euros because he had suspended her too quickly.

Communicate the suspension in writing

If you wish to suspend the employee, notify them in writing (or verbally with written confirmation). Include your details, those of the employee, and the reason for the suspension, and refer, if applicable, to the preceding conversation and its date.

Frequently Asked Questions

Do I have to continue paying salary during a suspension?

Yes. The employment contract continues, so you continue paying the salary and the employee accrues leave as usual. A suspension is not a dismissal.

How long can a suspension last?

It is a temporary measure; generally, two to three weeks applies as the upper limit. Sometimes the collective labor agreement determines the maximum duration. Suspending for too long is not permitted.

What is the risk of suspending too quickly?

A premature or unjustified suspension can undermine a later dismissal and lead to substantial equitable compensation. Therefore, seek legal advice in advance.

Advice on suspension and dismissal

The employment lawyers at MKB Juristen assess whether a suspension is advisable and draft the written notice. View our expertise in employment law or contact us.