Suspension is one of the measures commonly used by organizations where the employer orders the employee to stop working for a limited period while maintaining the status of the employee. It is crucial for the employer to conduct suspension in accordance with the law to prevent further issues or legal dispute arising from an unfair suspension.
There are two types of suspension, the suspension for an investigation on the suspected misconduct of the employee and the suspension as a disciplinary action for the misconduct of the employee.
The law generally prohibits the suspension during the investigation on the suspected misconduct of the employee, unless the suspension is empowered by work regulations or agreement relating to the work condition and the employer has issued a written suspension order specifying the offence together with the suspension period of up to 7 days to the employee before the suspension. During the suspension period, the employer is required to pay the employee at the prescribed rate in the work regulations or in an agreement relating to the work condition, the rate must be at least 50 percent of the normal wage rate before the suspension. If the investigation found that the employee is not guilty, the employer must pay the remaining wage amount to the employee for the working days during the suspension together with 15 percent interest rate per annum.
On the other hand, the suspension as a disciplinary action is not directly outlined in legal provisions, the employer can investigate first or impose a disciplinary suspension directly on an employee who has performed misconduct. The employer can prescribe the measures for a disciplinary suspension, such as conditions and methods for the suspension order, period of suspension, and a condition specifying that the employee will not receive wages during the suspension, in the work regulations or agreement relating to the work condition as deemed appropriate. Nevertheless, it is important that the prescribed condition for the disciplinary suspension is clear and reasonable.