Does the company have a deadline for employees to suspend work

Dec 31,2024

The duration of employee suspension by the unit is mainly determined by relevant laws, regulations, and company policies. Generally speaking, it can be summarized as follows:

1. Maximum suspension period: According to Article 211 of the Company Law, if a company fails to open for business for more than six months without justifiable reasons after its establishment, or suspends business for more than six consecutive months after opening, its business license may be revoked by the company registration authority. This means that, from a legal perspective, the maximum period for companies to suspend work for employees should generally not exceed six months. Beyond this deadline, the company may face the risk of having its business license revoked.

2. Salary payment during the suspension period: If the unit suspends work or production within one salary payment cycle due to reasons not caused by the worker, the employer shall pay the worker's salary according to the standards stipulated in the labor contract. If the salary payment period exceeds one, and the worker provides normal labor, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it should be handled in accordance with relevant national regulations. This means that during the shutdown period, the unit needs to pay employees' wages or living expenses in accordance with relevant regulations.

3. Special circumstances of suspension of work with pay: For employees who need to suspend work for treatment due to work-related injuries or occupational diseases, their suspension of work with pay generally does not exceed 12 months according to the provisions of the Work Injury Insurance Regulations. If the injury is severe or the situation is special, and confirmed by the labor capacity appraisal committee at the district level, it may be appropriately extended, but the extension shall not exceed 12 months. During this period, the employee's original salary and benefits will remain unchanged and will be paid monthly by their employer.

The deadline for employees to suspend work is strictly limited by laws and regulations, and it is necessary to ensure that employees' wages or living expenses are paid in accordance with relevant regulations during the suspension period. For the period of suspension of work with pay in special circumstances, the unit should protect the legitimate rights and interests of employees in accordance with the law.