SECTION 1. GENERAL

TYPES

The grounds for suspension can be grouped according to their legal origin or on the basis of whether or not a guaranteed wage is due.

Origin

The first type consists of the grounds for suspension regulated by the employment contract legislation.

The second series has its origin in the application of the principles of general contract law on the employment contract.

In the context of civil law two kinds of suspension are acknowledged: the suspension of the contract that can be put down to the erroneous conduct of one of the contracting parties, and the suspensions for which an extraneous cause or circumstances beyond one of the parties’ control can be blamed.

The third type refers to the conventional grounds for suspension. There is nothing to prevent the parties from agreeing that some or other event will suspend the employment contract. For instance, the employer may agree that the employment contract is suspended to allow the employee to travel around the world.

Finally, there are certain grounds for suspension that cannot be put in any of the previous categories. This is, for instance, the case in the event of a strike and lock-out, which are qualified by jurisprudence as a ground for suspension of the employment contract.

Guaranteed wages

It is also possible to subdivide the grounds for suspension of the employment contract depending or whether or not they lead to the payment of guaranteed wages.

The Employment Contract Act distinguishes between three forms of interruption of employment with guaranteed wages, namely the grounds for suspension with preservation of guaranteed daily, weekly and monthly wages.

The Employment Contract Act also regulates a number of cases of suspension without linking these to any allowances.

SETTING

The establishment of legal grounds for suspension must be seen in the context of the legislator's pursuit of more job and socio-economic security for employees. The legislator does this by prescribing that in a number of cases, even though no work is undertaken, wages must be paid and by restricting the employer's right of dismissal, to a greater or lesser extent, during a certain number of periods of suspension.