Can the Temporary Suspension of a Labor Contract Still Involve Paying the Employee?

The employee on our side is facing sudden difficulties and cannot continue working, so they want to request a 4-month contract suspension. During this period, they want us to continue paying their salary, and after they return to work, they will offset this against their overtime pay until the 4 months of suspended salary is fully compensated. Are we allowed to pay them according to this kind of agreement?

Pursuant to the provisions at Point h, Clause 1, Article 30 of the Labor Code 2019, both parties have the right to agree to temporarily suspend the labor contract.

Regarding salary during the period of temporary suspension of the contract, the regulations stipulated in Clause 2 of this Article shall apply. To be specific:

During the period of temporary suspension of the labor contract, the employee is not entitled to salary and the rights and benefits agreed upon in the labor contract, except in cases where both parties have an agreement or the law has other provisions.

According to these regulations, in principle, during the period of temporary suspension of the labor contract, the employer is not required to pay the employee's salary. However, if both parties have an agreement regarding salary payment during this period, the law still acknowledges and permits its execution.

Therefore, in this case, your company is still entitled to agree to temporarily suspend the labor contract with the employee and pay them a salary during the suspension period.

Sincerely!

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