What is a suspension or non-active placement?
In a suspension or non-active placement, an employee is temporarily released from work. The reason can vary: a labor dispute, an investigation into misconduct, or tensions in the workplace. The employer wants to create calm or await an investigation. Nevertheless, the employment contract continues to exist, and this has direct consequences for wage continuation. An employer may not simply proceed with suspension or non-active placement — there must be a well-founded reason that justifies this drastic measure. Think of situations where there may be an urgent reason for dismissal, such as theft or serious misconduct. In such a case, the employer is given the opportunity to conduct further investigation while the employee is temporarily released from duties. A disrupted employment relationship can also be the reason, for example when cooperation has been so seriously disrupted that it is not desirable for you to remain present in the workplace. In other words: a suspension or non-active placement is not a minor measure and always requires a clear, objective reason.How long may a suspension or non-active placement last?
The duration of a non-active placement or suspension depends on the circumstances and the purpose of the measure. In practice, this period is determined by the employer, but there are clear rules. The employer must specify exactly how long the suspension applies and what reasons underlie it — and this must always be in writing and substantiated. It rarely involves an 'open end'; usually the measure is linked to an ongoing investigation or resolving a conflict. If the period remains vague or unreasonably long, the employee can object through an employment law lawyer such as Arslan Advocaten and request a quick return or a judicial review. This provides certainty and clarity for both parties.Right to wages during suspension
According to Article 7:628 of the Dutch Civil Code, the employee retains the right to wages if they are willing to work but cannot work due to a cause attributable to the employer. A suspension or non-active placement is usually an example of this. This means: the employer must continue paying wages, unless the employee themselves has acted seriously culpably.Examples in which wages must be continued
- The employee is suspended due to an internal investigation;
- The employer wants to let a conflict cool down first;
- The employer preventively places the employee on non-active status without evidence of misconduct.
When may the employer stop wages?
Only in cases of seriously culpable conduct or refusal to work may the employer stop wages. For example, in cases of fraud, aggression, or deliberately disrupting the work atmosphere. The burden of proof then lies with the employer. If they cannot demonstrate this, wages remain due.Watch out for risks for employers
An unjustified wage stoppage can lead to wage claims, statutory surcharge (up to 50%), and compensation. Employers are therefore well advised to seek legal advice before placing an employee on non-active status or suspending them.Non-active placement as a prelude to dismissal
In practice, a non-active placement often turns out to be the first step towards dismissal. Employers sometimes use this measure to put pressure on the employee to agree to a settlement agreement. However, this is not without risk: the court strictly assesses whether the measure was justified. An employee who is unjustly placed on non-active status can not only claim wages but also demand a transition payment or compensation from the subdistrict court.What should you watch out for before signing or agreeing to anything?
Are you in a situation of suspension or non-active placement? Then it is important to be extra alert with everything you sign or agree to. Always keep the following points in mind:- Get advice first: Always contact an employment law lawyer before signing or agreeing to anything in writing. Especially if dismissal or termination by mutual consent (settlement agreement) is involved, legal advice can prevent many problems.
- No hasty signature: Never immediately sign documents at the employer's request, even if pressure is applied.
- Request clear substantiation: Ask in writing for the exact reason for the suspension or non-active placement if this is not yet clearly documented. You also have the right to a written report of conversations held.
- Make your willingness to work known: Respond in writing and always explicitly state that you are willing to resume work.
- Save all communication: Document everything: save all correspondence, emails, and meeting reports. This can be of great importance if the case is brought before a court.
What can you do about an unjustified suspension?
Are you suspended or placed on non-active status? Then take immediate action:- Ask in writing for the reason for the measure;
- Check whether your wages are being continued;
- Continue to indicate that you are willing to work;
- Have an employment law lawyer assess whether the suspension is justified.
- Seek legal advice immediately, especially if dismissal is threatening.
- Do not sign anything or agree to anything without first obtaining advice.
- Always request a written report of conversations or a written substantiation of the measure if you have not received one.
- File a written defense against the sanction. Clearly state that you are available to resume your duties.