Legal advice

After the suspension period ends, can employees return to work?

. November 13, 2024 16:19

Question: I have committed a minor offense at work and have been suspended for 15 days. But the company has not promised me a job. Can I return to work after this period?

HOANG HUYNH (Chi Linh City)

Reply:

Clause 2, Article 128 of the 2019 Labor Code stipulates temporary suspension from work as follows:

-The period of temporary suspension from work shall not exceed 15 days, in special cases shall not exceed 90 days. During the period of temporary suspension from work, the employee shall be paid an advance of 50% of his/her salary before being suspended from work.

At the end of the suspension period, the employer must reinstate the employee.

-In case an employee is subject to labor discipline, the employee does not have to return the advanced salary.

-In case the employee is not subject to labor discipline, the employer shall pay full salary for the period of temporary suspension from work.

Thus, after the suspension period ends, the employer must accept the employee back to work.

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After the suspension period ends, can employees return to work?