When Can an Employer Temporarily Suspend an Employee from Work?

During the operation of an enterprise, there are many situations in which where the employer faces difficulties when detecting signs of serious disciplinary violations by an employee, or has grounds to believe that the employee has committed misconduct, and allowing the employee to continue working may affect the collection of evidence or disrupt the internal working environment. In such circumstances, many companies choose to temporarily suspend the employee from work, not only to allow the employer more time to verify the violation, but also to give the employee time to review their own conduct. However, issuing a suspension decision is not simply a matter of sending a written notice to the employee; it must also comply with the procedures prescribed by labor laws as well as the internal regulations of the company. So, under current law, when exactly is an employer entitled to temporarily suspend an employee from work? What are the necessary and sufficient conditions for issuing a suspension decision? The article below shares several points that employers should pay attention to when applying the suspension measure in labor relations.

1. Temporary suspension of work under labor law

Under labor law, the employer has the right to temporarily suspend an employee from work when the violation involves complicated circumstances and when allowing the employee to continue working may cause difficulties for the verification process. Accordingly, the first condition is that the case must involve complicated circumstances, and from the employer’s perspective, if the employee continues working, it may affect the collection and verification of information, or there may be concern that the employee could take actions that are unfavorable to the company’s work or cause internal disruption. It should also be noted that this is a verification stage where there may not yet be sufficient evidence to officially record the employee’s violation in writing. Therefore, the employer must be cautious when stating the reason for suspension in order to avoid making the internal situation more tense or causing the matter to develop in a direction unfavorable to the employer.

From the employer’s side, the employer must also be able to demonstrate that there are sufficient grounds to conclude that the temporary suspension is necessary, and that the suspension is not imposed arbitrarily.

2. How to suspend an employee in compliance with the law

The temporary suspension of an employee may only be carried out after consulting the employee representative organization at the workplace of which the employee under consideration for suspension is a member. At the same time, the employer must also conduct workplace dialogue as prescribed in Article 63 of the Labor Code. Workplace dialogue is the sharing of information, consultation, discussion, and exchange of opinions between the employer and the employee or the employee representative organization on matters relating to the rights, interests, and concerns of the parties at the workplace, in order to enhance mutual understanding, cooperation, and joint efforts toward mutually beneficial solutions.

With respect to temporary suspension, the employer and the employee representative organization of which the suspended employee is a member may exchange opinions in writing or through direct discussion between the employer’s dialogue representative and the representative of the employee organization. Accordingly, consultation may be conducted in writing or directly. In cases where the company’s grassroots democracy regulation has not yet been issued or does not specify the form of dialogue, the employer may choose either written consultation or direct discussion. It should be noted that employers employing fewer than 10 employees are not required to issue grassroots democracy regulations at the workplace, while in other cases such regulations are mandatory.

3. Duration of suspension and salary during suspension

After determining that the employee falls within the cases where suspension is permitted, the employer must review the labor regulations and legal provisions to ensure that the suspension is carried out in the correct order and procedure. In all cases, internal regulations must not be less favorable to the employee than the law. Accordingly, the suspension period must not exceed 15 days, and in special cases must not exceed 90 days. During the suspension period, the employee must be advanced 50% of the salary before the suspension.

Upon expiry of the suspension period, regardless of whether the company has completed the verification and assessment of the employee’s violation, the company must allow the employee to return to work. If the employee is subject to disciplinary action, the employee is not required to repay the salary that has been advanced. If the employee is not subject to disciplinary action, the employer must pay full salary for the period of suspension.

Under the law, the employee has the right to lodge a complaint against the suspension decision. Therefore, the suspension is not simply a matter of issuing a document; the decision must satisfy all legal conditions and follow the correct procedure. When resolving complaints from employees, the competent authority has the right to examine the employer’s compliance with labor regulations. Therefore, the company should anticipate possible situations to ensure that no additional disadvantages arise during the suspension process.

From the perspective of practical application, we observe that many enterprises face difficulties in applying certain general provisions that have not been specifically guided, such as what constitutes “complicated circumstances” or “serious damage”. When there is no unified interpretation, disputes may arise, and the final decision often depends on the viewpoint of the dispute-settling authority. Therefore, further clarification of legal provisions together with official guidance from competent authorities is necessary to help both employers and employees properly understand the regulations for correct application and implementation, thereby limiting complaints and disputes.

Overall, temporary suspension of work is a necessary “pause” that allows the employer to protect its legitimate interests when facing complicated developments related to an employee’s misconduct. However, as analyzed above, this is not a decision that may be made at discretion without conditions. A suspension decision can truly resolve the employer’s problem and avoid dispute risks only when it is made in compliance with the law. In the context where the labor law system increasingly aims to protect legitimate human rights, concepts such as “complicated circumstances” or “obligation of dialogue” should not be interpreted merely according to their literal wording. Enterprises should proactively incorporate these standards into their own democracy regulations and internal labor rules. Establishing a well-prepared response plan — from salary advance, consultation with the representative organization, to preparation of documents proving the necessity of suspension — is the most effective way for the employer to protect itself against risks of complaints or prolonged disputes.

Time of writing: 10/03/2026

The article contains general information which is of reference value, in case you want to receive legal opinions on issues you need clarification on, please get in touch with our Lawyer  at  info@cdlaf.vn

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