What is employee suspension?

Employee suspension is the temporary removal of an employee from their work duties by the employer. It does not terminate the employment relationship, nor does it constitute a disciplinary penalty. Instead, it is a precautionary measure that may be used to:

conduct an investigation or disciplinary proceeding;
ensure workplace safety;
protect the interests of the employer and the team;
maintain organizational order until a situation is clarified.

The rules and scope of suspension vary significantly across different legal systems. Regardless of the jurisdiction, suspension is treated as an extraordinary measure, used only in exceptional circumstances, not as a standard management practice.

Suspension in different legal systems

United Kingdom

In UK employment law, suspension is primarily used during disciplinary proceedings or for health and safety reasons. Employees generally retain the right to pay, and employers must follow ACAS (Advisory, Conciliation and Arbitration Service) guidelines, which emphasize that suspension should not be viewed as a punishment but strictly as a temporary measure.

Germany

German law distinguishes between two concepts: Freistellung – release from the obligation to work, which may be paid (e.g., during a notice period) or unpaid (e.g., unpaid leave); and Suspendierung – suspension from duties, used most often in the public sector and regulated professions during investigations or disciplinary actions. In the latter case, pay may be limited or withheld, especially if the suspension relates to employee misconduct.

Poland

The Polish Labor Code does not explicitly regulate employee suspension. This does not mean, however, that employers have no tools to temporarily remove an employee from duty. Several legal provisions serve a similar function, including:

Exclusion from work due to alcohol – if testing confirms the presence of alcohol in the employee’s system or there is a justified suspicion that they arrived at work under the influence after drinking or consumed alcohol while on duty.
Exclusion from work due to substances with effects similar to alcohol – where testing confirms the presence of intoxicating substances, or there is suspicion of impairment.
Work stoppage for health and safety reasons – employers must instruct employees to move to a safe place in the event of a hazard and may prevent them from working until the risk is eliminated.

In addition, an employee may be suspended from official duties by a court or prosecutor (under the Code of Criminal Procedure) in criminal proceedings if there is a risk they could obstruct the investigation.

Formal suspension from duties in Poland applies only to regulated professions and is provided for in special legislation, not in the Labor Code. It is most often applied when disciplinary or criminal proceedings are pending and may be ordered by the employer or by the competent authority. Examples include professions such as teachers, judges, prosecutors, soldiers, police officers, border guard officers, prison officers, and firefighters.

Independent contractors and B2B collaborators in Poland cannot be suspended. In such cases, the only option is to limit or terminate the contract.

France

In France, the concept of “mise à pied conservatoire” allows for precautionary suspension during an investigation, which may ultimately result in disciplinary dismissal. During this period, employees often do not receive pay, and employers must justify the decision in line with the French Labor Code.

United States

In the U.S., under the “employment at will” model, employers have broad discretion to suspend employees, subject to EEOC anti-discrimination regulations and the terms of collective bargaining agreements.

Suspension is typically applied in cases involving safety violations, policy breaches, confidentiality concerns, or serious doubts about an employee’s ability to perform their duties. Two main types are common:

paid suspension – applied during investigations to ensure neutrality;
unpaid suspension – imposed as a disciplinary sanction.

South American Countries

In countries such as Colombia and Argentina, suspension mechanisms exist but are usually tied to force majeure events, public health emergencies (such as a pandemic), or disciplinary sanctions and are subject to strict legal limitations.

Employee rights during suspension

Even when suspension is not explicitly regulated by law, it does not grant employers unlimited discretion. Employees retain fundamental rights including:

Right to compensation – If suspension results from the employer’s decision rather than employee misconduct, wages must typically be paid.
Right to information – Employees should be clearly informed about the reasons for and scope of the suspension.
Right to equal treatment – Suspension cannot be used as a form of discrimination or coercion.
Right to due process – When suspension relates to disciplinary charges, employees have the right to provide explanations and receive assistance from a representative (such as a union delegate).
Right to appeal – In regulated professions, formal appeals processes are typically available for suspension decisions.

Summary

Employee suspension is a temporary measure that provides an organization with the space to investigate concerns or ensure workplace safety. To be effective, it must be well-founded and communicated clearly. Employees should know why they are suspended, how long it will last, and what the next steps will be. When handled transparently, suspension helps preserve trust and supports organizational culture.

Because suspension laws vary by country and employment type, HR teams should always review local regulations before taking action. When applied appropriately, suspension can protect the organization while maintaining a fair balance between employer and employee interests.

Employee suspension