Suspension / non-active status

Suspension and non-active status

In Dutch employment law, suspension and non-active status are measures an employer can take to temporarily remove an employee from his job. Although these terms are often used interchangeably, there are some differences. Suspension and non-active status can have a major impact on the employment relationship and lead to legal conflicts.

What does suspension and non-active status mean?

Suspension: this is a temporary measure that requires the employee to temporarily stop working. Suspension is often used as a disciplinary measure in cases of serious misconduct by the employee, such as misconduct or a breach of trust. In such a case, the employee is temporarily not allowed to work, but remains employed and retains his/her right to salary.
Non-active status: this means that the employee also does not perform any work, but unlike suspension, non-active status is usually applied during an investigation into the employee or pending a decision on a (possible) dismissal. Non-active status can be used, for example, if the employer suspects undesirable behaviour but still wants to investigate the situation. Again, the employee remains entitled to salary.

Why suspend or non-active status?

Employers may choose these measures to create calm within the company, enable an investigation or to ensure order and safety, for example in situations of serious conflict or suspicion of misconduct.

Difference between suspension and non-active status

The main difference between suspension and non-active status lies in the purpose and nature of the measure:

Suspension is often a disciplinary measure following an incident.
Non-active status is usually applied pending further investigation or a decision on the future of employment.

Why seek legal counsel for employers?

For employers, it is important to engage an attorney in the case of suspension or non-active status to reduce legal risks:

Legal correctness: I can ensure that the suspension or non-active status is carried out according to the correct procedure to prevent the employee from successfully objecting.
Confidentiality and diligence: I can help to act with care, especially if there are suspicions of serious misconduct, to avoid reputational damage and to handle the employment relationship professionally.
Risk of a wage claim or compensation: if the suspension or non-active status is not properly implemented, the employee may claim a wage claim or compensation. I can help prevent this by properly following the legal rules.

Why seek legal counsel for employees?

For employees, a suspension or non-active status can have serious consequences. Therefore, engaging an attorney is often necessary:

Protection of rights: I can assess whether the suspension or non-active status was justified and properly implemented, and whether the employer is complying with legal requirements.
Negotiation or legal action: if the measure seems unjustified, I can negotiate with the employer or take legal action to challenge the suspension or non-active status, and possibly claim damages.
Advice in dismissal proceedings: a suspension or non-active status may be the precursor to dismissal proceedings. I can advise and help the employee determine the best strategy, for example by negotiating a settlement agreement.

Conclusion

Suspension and non-active status are drastic measures for both employers and employees. For employers, it is important to seek legal advice to implement these steps correctly and mitigate risks. For employees, an attorney can help protect their rights and challenge unjustified measures. In both cases, legal assistance can limit damages for both parties and ensure proper procedures.

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The information on this page is for informational purposes only and should not be considered specific legal advice. For personalized advice, please contact Ok Legal. Please note that the content of this page may change without notice and Ok Legal is not liable for any inaccuracies and/or missing information.