Publication date: 23.01.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
There are cases when employees face such a phenomenon as suspension, which, of course, is a negative factor that affects their further performance of their work function.
- In general, suspension is the prevention of an employee from performing his functional duties, which is introduced by the manager on a temporary basis and in most cases is accompanied by the suspension of payment.
- It is worth distinguishing suspension from dismissal, as these two concepts have different foundations and consequences.
- In case of dismissal, the employment contract between the employee and the employer is not terminated, and therefore no settlements are made with the employee.
- No records of suspension are made in the employment book, since from a legal point of view, the employment relationship is not terminated.
Suspension: grounds, procedure, consequences
It is extremely important in the suspension process to have grounds for which it can be implemented. Such grounds are:
• appearance of an employee at the workplace in a state of alcoholic, narcotic, or toxic intoxication
• avoiding medical examinations
• evasion of briefings, training on labor protection, etc.
It is important that the employer has documentary evidence of the grounds for suspension.
- If it is the appearance at work in a drunken state, then as evidence can be used, for example, a doctor's opinion based on the results of a medical examination.
- It is also worth noting that the legislation establishes a list of categories of persons for whom preliminary and periodic medical examinations are mandatory, namely: for workers who are engaged in heavy work, or work with harmful or dangerous working conditions, for employees employed in jobs where there is a need for professional selection, as well as for employees under the age of 21, etc. It is worth noting that in the case of application of suspension on the grounds of evasion of an employee from passing a medical examination, the employer must keep such an employee's workplace and average earnings during the medical examination.
- As for the suspension procedure, it is initiated by the employer by issuing a corresponding order with justification of the grounds and specifying the terms during which the employee will not be allowed to perform his duties.
Documentary confirmation of the reasons for the dismissal of the employee is attached to the order. The issued order must be presented to the employee for signature.
Suspension also causes material consequences for the employee, because if he was suspended without salary, the period during which he was suspended will not be included in the seniority for annual leave, no insurance premium will be paid, and therefore no insurance seniority will be counted, as well as a number of other payments are not made.
Appeal against illegal suspension:
- If the suspension was carried out by an unauthorized person, without the above-mentioned grounds and without following the procedure established by law, such suspension can be considered illegal and can be appealed in several ways.
- The first method is a pre-trial settlement of the dispute by applying to the commission on labor disputes. It is necessary to prepare a statement in which to outline the circumstances of the case, justify the requirements and add evidence of what has been stated.
The application is considered within 10 days, and the result of the consideration is the decision of the commission of labor dispute, which will have the force of an executive letter.
- If the decision of the comission on labor dispute did not satisfy the employee, he has the opportunity to appeal the commission's decision by filing a lawsuit with the court.
- When settling a dispute, an employee can bypass the commission on labor dispute and immediately go to court, but still, trying to resolve the conflict in a pre-trial procedure, having previously found out the reasons for its occurrence and conducting an analysis of the ways of settlement, is more desirable.
- If it was not possible to resolve the dispute using the above-mentioned method, then it is necessary to apply to the court, having previously filed a statement of claim, having collected the necessary evidence.
- As for jurisdiction, the lawsuit can be filed at the employee's place of residence in accordance with Art. 28 of the Code of Civil Procedure. Before going to court, it is advisable to consult a labor law lawyer.
Legal assistance in labor disputes:
If an employee is faced with an illegal dismissal, the services of an employment lawyer are extremely important. A labor lawyer will help to decide on the necessary method of resolving the conflict by conducting a legal analysis of the situation, collecting the necessary evidence, and preparing the necessary procedural documents. It is worth noting that the labor dispute lawyer plays a significant role both in the implementation of methods of pre-trial settlement of the dispute and in the application to the court.
