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Publication date: 06.05.2024
active and purposeful military lawyer with more than 4 years of experience
Suspension from work: what does it mean and when can it be applied?
During the hiring process, the necessary briefings and introductory interviews are conducted for the employee, and he/she is familiarized with the job duties. According to Article 139 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code), employees are obliged to work honestly and conscientiously, to comply with the employer's orders in a timely and accurate manner, to observe labor and technological discipline, the requirements of regulatory acts on labor protection, to treat the employer's property with care, with which concluded the employment contract.
The quality of an employee's performance of his/her duties may be affected by:
• general condition of the employee;
• his knowledge, abilities, skills, acquired experience.
Sometimes the quality of work performance also depends on other factors — passing the necessary training, medical examination, which will confirm the person's ability to continue working.
Article 46 of the Labor Code provides for the suspension of an employee from work in certain cases.
The period of suspension from work is determined by the employer. The legislation does not provide for either minimum or maximum periods of suspension — everything depends on the basis for applying the norms of Article 46 of the Labor Code.
REMEMBER!
1. Suspension is a temporary measure that the employer is forced to take in order to avoid negative consequences that may occur if an employee or a group of employees continues to perform work duties.
2. The employer has the right to remove the employee from the performance of work duties. In some cases, suspension occurs at the request of a third party.
3.Suspension is not dismissal from work, because it is not related to the termination of the employment contract. The application of such a measure in practice does not involve making final settlements with the employee or making any additional payments.
4. Suspension may be applied to one employee, to several employees, or to an entire structural unit, etc.
5. The employee's consent is not required for registration of suspension.
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Suspending an employee from work in established cases makes it possible to continue to ensure the maintenance of labor discipline, to avoid and prevent the occurrence of injuries in the workforce. Article 153 of the Labor Code stipulates that safe and harmless working conditions are created at all enterprises, institutions, organizations (hereinafter - the enterprise). At the same time, it is the responsibility of the employer to ensure safe and harmless working conditions, except in the case of concluding an employment contract between the employee and the employer on remote work. The employer has an obligation conducting briefings (training) of employees on labor protection and fire safety issues.
Therefore, the dismissed employee continues to be in employment, but his legal status changes.
What are the grounds and conditions for suspending an employee from work?
The first part of Article 46 of the Labor Code defines the grounds on which the employer may suspend employees from work.
Grounds for dismissal of employees:
• appearing at work in a drunken state, in a state of narcotic or toxic intoxication;
• refusal or evasion of mandatory medical examinations;
• refusal or evasion of training, instruction and testing of knowledge on labor protection and fire protection;
• other cases provided for by law.
