30.04.2024

IN WHICH CASES CAN WE BE TEMPORARILY REMOVED FROM WORK

According to Art. 199 of the Labor Code, the employer or immediate supervisor may temporarily remove a worker or employee from work in one of the following 2 scenarios:

- the worker appears in a state that does not allow him to perform his work duties (temporary disorder of consciousness, fear in a road accident, depressions)

- uses alcohol or other strong intoxicants during working hours (medicines, drugs, etc.)

The suspension shall continue until the worker or employee regains fitness to perform his assigned work. That is, the assessment of the time of suspension is very subjective and allows for abuse by the employer, especially since while the suspension lasts, the worker or employee does not receive labor remuneration.

The law also provides for compensation in case of temporary suspension from work. A worker or employee who has been unlawfully dismissed from work by the employer or the immediate supervisor is entitled to compensation in the amount of his gross remuneration for the time of the unlawful dismissal. Compensation is owed jointly by the employer and the guilty officials.

In order for there to be a temporary suspension from work pursuant to Art. 199 of the Labor Code, there must be a valid employment relationship between employer and worker/employee. The worker/employee has reported to work in a state that does not allow him to perform his work functions or has used alcohol or another strong intoxicant at his workplace. The employer or immediate supervisor has temporarily removed the worker/employee from his workplace until he regains his fitness to perform his work functions.

Temporary suspension from work is an act of the employer that temporarily suspends the performance of the employment relationship, but without terminating it.

The order under Art. 199 of the Labor Code does not lead to dismissal, as is often wrongly assumed by the worker or employee.