A suspension or inactive status has great consequences for both the employee and employer. Often the question arises: do you retain your right to wages during suspension? The labor lawyers of Arslan Advocates explain when the employer must continue to pay wages, what the rules are, and how you can challenge an unjust suspension.
What is suspension or inactive status?
During a suspension or inactive status, an employee is temporarily exempt from work. The reason can vary: a labor dispute, an investigation into misconduct, or tensions in the workplace. The employer wants to create calm in such a situation or wait for an investigation. Yet the employment contract remains, and that has direct consequences for wage payment.
Right to wages during suspension
According to article 7:628 BW the employee retains the right to a salary if he is willing to work, but unable to work due to a cause that is at the employer’s expense. A suspension or inactive status is usually an example of this. That means: the employer must continue to pay the salary, unless the employee himself has acted seriously culpably.
Examples where wages must be paid
- The employee is suspended pending an internal investigation;
- The employer wants to let a conflict cool down first;
- The employer puts the employee on inactive status preventively without evidence of misconduct.
In all these cases the cause lies with the employer, not with the employee. Wage deductions are then not allowed.
When may the employer stop the wages?
Only with seriously culpable behavior or refusal to work can the employer stop the wages. For example, if there is fraud, aggression or deliberately disrupting the work atmosphere. The burden of proof then lies with the employer. If he cannot prove this, the wage remains due.
Note the risks for employers
An unjustly stopped wage payment can lead to wage claims, statutory increase (up to 50%) and damages. Therefore, employers are well advised to seek legal advice before suspending or putting an employee on inactive status.
Inactive status as a portico of dismissal
In practice, inactive status often turns out to be the first step towards dismissal. Employers sometimes use this means to pressure the employee to agree to a settlement agreement. However, this is not without risk: the judge assesses strictly whether the measure was justified.
An employee who is unjustly put on inactive status can not only claim wages, but also demand a transition payment or damages from the subdistrict court.
What can you do in the event of an unjust suspension?
Are you suspended or put on inactive status? Then take immediate action:
- Ask in writing for the reason for the measure;
- Check if your wages are being paid;
- Keep indicating that you are willing to work;
- Have a labor law lawyer assess whether the suspension is justified.
An attorney can send a letter to the employer requesting immediate lifting of the suspension, or initiate a wage claim in court.
Example from case law
An employee was put on inactive status after a disagreement with his supervisor. The employer did not pay wages. The judge ruled that the suspension was unjustified: the conflict was not serious enough and there was no misconduct. The employer had to pay the arrears of wages and compensation.
Frequently asked questions about right to wages during suspension
Do I always receive wages during suspension?
As a rule, yes. Only if you yourself have acted seriously culpable or refuse work, may the employer stop the wages.
Can I do something against my suspension?
Yes, you can demand through a lawyer that the suspension is lifted and that the wages are paid. This can often be done quickly through a summary proceeding.
Can the employer suspend me during illness?
Yes, but that usually has little effect. During illness you receive a wage or a Sickness Act benefit anyway. However, suspension can hinder your reintegration — which may conflict with the reintegration obligation.
What if I am suspended pending investigation?
As long as the investigation is ongoing, you retain the right to wages. Only if afterwards it turns out that you have acted seriously culpably, can the employer reclaim the wages or proceed to dismissal on the spot.
Arslan Lawyers helps with suspension and wage claims
The labor law specialists of Arslan Lawyers assist both employees and employers in issues concerning suspension, inactive status and wage claims. We assess whether the measure is lawful and help to get clarity quickly. Contact us for direct legal advice.
