Suspension with or without pay - Croes Wever Ruiz - Attorneys At Law - ArubaCroes Wever Ruiz – Attorneys At Law – Aruba

Suspension with or without pay

November 25, 2021

One of the disciplinary measures that an employer can take against an employee if he/she is guilty of undesirable behavior/actions is a suspension. A suspension can be done with pay, but it can also be done without pay. An employer will usually impose a suspension with pay if there is a need to investigate the employee’s behavior or action. This is usually done in anticipation of a more far-reaching disciplinary measure, such as immediate dismissal. Such a suspension is then not labeled as a punishment. A suspension without pay is applied as a punishment. Such a suspension is only possible if it has been agreed with the employee through his/her individual employment contract or through a collective employment agreement. It is therefore strongly recommended that this form of disciplinary measure be agreed in writing with the employee as well as the maximum duration thereof. Whether a suspension without pay and the duration applied will be considered appropriate by a judge depends on the reproach that can be made against the employee with regard to his/her behavior/actions.

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