Tag archives: suspension

Representations no longer required before precautionary suspension

On 19 February 2019, the Constitutional Court upheld the Labour Court’s finding that an employer need not afford an employee an opportunity to be heard before implementing a precautionary suspension. This important development arose from the following facts.

The employer, the South African Breweries (Pty) Ltd (SAB) employed a district manager for the Border region. The employee was responsible for the operations in that region, which included ensuring that SAB’s fleet of vehicles, met all legal requirements. In December 2012, SAB came to know of fraudulent activities in respect of the licensing of its vehicles, and that certain … Continue Reading

What rights does an employer have to suspend an employee in Germany?

Under German law, an employer can only suspend an employee in certain cases. One of the core obligations of the employment relationship is an obligation on the employer to provide the employee with relevant work to be performed. If it fails to do so without justification, it must nevertheless continue to pay the employee. Notwithstanding this, a mutual agreement to suspend the employee, whether paid or unpaid, is of course always possible.

Suspension without continued payment of remuneration

An employer may not suspend an employee without payment of salary unless it is explicitly provided for by law or in collective … Continue Reading

¿What rights does an employer have to suspend an employee?

In Colombia, Article 51 of the Labor Code states the causes for suspension of the labor contract, including among others, the faculty of the employer to suspend the employee(s) due to serious misconduct after conducting a disciplinary investigation. In this case, the law limits the sanction to eight (8) days of suspension of the activities for the first time and up to two (2) months when it happens again.

The suspension is one of the disciplinary measures contamplated in the law and the employer could suspend the employee for a different number of days as long as it respects the … Continue Reading

What rights does an employer have to suspend an employee in France?

Under French labour law, there are limited circumstances under which employers may suspend employees.

One of the main obligations imposed on employers is to provide employees with work to be performed  (and obviously to pay them in consideration for their work). Breach of this requirement may be considered as a ground for breach of contract, and the relevant employee can claim the equivalent of constructive dismissal which  in practice has the same consequences as an unfair dismissal).

In practice, there are two types of suspensions provided by the French labour code:

1. Disciplinary suspension (“mise à pied disciplinaire”)

Continue Reading
LexBlog