The company suspects an employee of misconduct and wants the person away from work while it checks. HR writes "suspended without pay until the investigation is finished". The employee, holding that piece of paper, is not sure whether to sign it, or whether the money comes back if the allegation turns out to be wrong. In the workplace "suspension" is used for at least three different things that the law keeps apart: suspension pending investigation, suspension as a disciplinary penalty, and a temporary stop of work because the employer has a necessary cause. Each has its own conditions and its own rule on pay.
This guide covers only the suspension question and is written so that employees and HR or employers can both use it. The full process for fraud cases is in internal investigation of employee fraud, harassment complaints are in workplace sexual harassment: the employer's duties, and reducing pay or benefits is in reducing wages, workdays and benefits.
The core answer
Suspension during an investigation is allowed only if the work rules or the agreement on conditions of employment give the employer that power. It needs a written order, it may last no more than seven days, and it must be paid at no less than 50% of a working day's wages. If the investigation finds no fault, the employer must pay full wages for the suspension period plus interest at 15% per year. Suspension as a penalty and a temporary stop under section 75 are different things with their own conditions.
The law Under the Labour Protection Act B.E. 2541, section 116 prohibits suspending an employee accused of an offence during the investigation unless the work rules or the agreement on conditions of employment authorise it. The employer must issue a written suspension order stating the offence and the period, the suspension may not exceed seven days, and the employee must be informed before the suspension. During the suspension the employer pays at the rate set in the rules or the agreement, which may not be below 50% of the wages for a working day that the employee received before the suspension. Section 117 provides that when the investigation ends and the employee is found not at fault, the employer must pay wages equal to working-day wages from the day of suspension, counting the money paid under section 116 as part of that sum, with interest at 15% per year. Section 108 requires employers with ten or more employees in total to have work rules, and those rules must cover discipline and disciplinary penalties. Section 75 deals with a temporary stop of the business with pay of at least 75%.
Our practical view The common problem is not that employers have no right to suspend at all. It is that the suspension is ordered in a chat message, without naming the offence, without an end date, at zero pay, and labelled "take leave for now". An order like that does not meet section 116, and if the employee is cleared the employer owes the difference with interest. On the employee side, signing without a note, or going silent, often leaves the employee's own account out of the record. The outcome still depends on the work rules, the facts and evidence, and the Labour Court's assessment of each case.
Running hypothetical throughout: a building-materials shop in Khon Kaen has 40 employees. HR officer Nuch finds that the steel-bar stock in the warehouse is short against the books, and the warehouse employee Phat looks after that area. Phat earns 450 baht a day. Nuch wants Phat away from work for five days while the check is carried out.
1. When can an employer suspend someone pending investigation?
Section 116 sets out the following conditions. If one is missing, the suspension order is at risk of being treated as unlawful.
- Power in a document. The work rules or the agreement on conditions of employment must allow suspension during an investigation. Without that wording, the employer has no right to suspend.
- A written order. It must state the alleged offence and the period of suspension. An oral instruction or a short chat message is not enough.
- No more than seven days. This is the maximum under section 116, not a standard period that must be used up.
- Notice before the suspension. The employee must be told before the suspension begins, not afterwards.
- Pay during the suspension. At the rate in the rules or the agreement and not less than 50% of the wages for a working day received before the suspension.
Work rules are required under section 108 for employers with ten or more employees. If your company already has them, check whether they contain a suspension-pending-investigation clause and what pay rate they state. If they do not, amend the rules first and apply the amendment to future events. Adding a clause afterwards to cover something that has already happened is high-risk. This is consistent with when HR should get a lawyer to review.
Suspension pending investigation is not a punishment. It is an interim measure so that the investigation can proceed without interference, for example where there is a fear that documents will be destroyed or witnesses pressured. The order should therefore state why the employee needs to stay away.
2. How much is paid during the suspension, and what if the employee is cleared?
During the suspension the employer pays the rate stated in the rules or the agreement, and never less than 50% of the wages for a working day that the employee received before the suspension. If the rules say 70%, 70% must be paid. A rule saying "no pay during suspension pending investigation" conflicts with the section 116 minimum.
When the investigation ends there are two outcomes.
| Outcome | Effect on pay for the suspension period |
|---|---|
| Employee not at fault | The employer must pay wages equal to working-day wages from the day of suspension, counting the amount already paid under section 116, with interest at 15% per year (section 117) |
| Employee at fault | Section 117 does not apply. The employer goes on to consider a penalty under the work rules and the law |
In the hypothetical, Phat earns 450 baht a day and is suspended for five days. The shop pays 50%, which is 225 baht a day, 1,125 baht in total. If the investigation finds Phat not at fault, the shop must pay full wages for the five days, 2,250 baht, counting the 1,125 baht already paid, so it owes the remaining 1,125 baht with interest at 15% per year. These figures only illustrate the counting. Real wages depend on the contract and the payslip.
A caution: if the work rules do not match section 116, for example a 15-day suspension or suspension without pay, the part that falls below the Labour Protection Act minimum should not be treated as protecting the employer. The employer should amend the rules to match the statute.
3. How is suspension as a disciplinary penalty different?
Suspension as a penalty is a sanction imposed after an investigation finds that the employee really did commit the offence, for example three days off without pay for an offence of a certain level. It is not governed by sections 116 and 117. It depends on the work rules under section 108, which must cover discipline and disciplinary penalties.
For a penalty of suspension to rest on firm ground, the rules should state at least the following.
- The type of penalty. That suspension without pay is one of the disciplinary penalties, in order of severity, for example verbal warning, written warning, suspension, and dismissal.
- The offences that attract it. Described clearly enough for the employee to know in advance.
- The maximum period. How many days per occasion, so that the penalty is proportionate to the offence.
- Who may impose it, and the procedure. For example, the employee must be allowed to explain first.
- Announcement. The rules must be announced to employees and follow the steps laid down in section 108.
If the rules contain no suspension penalty, ordering an unpaid suspension after the investigation carries a high risk of being treated as non-payment of wages that the employee is entitled to. Deductions from wages are also restricted by section 76, so deductions should not be used as a shortcut for a penalty that was never written down. For employees: if you think the penalty does not match the rules or is out of proportion to the offence, keep the documents and get advice before accepting it. The court will look at both the rules and the proportionality of the penalty in each case.
4. How is a temporary stop under section 75 different from both?
Section 75 has nothing to do with the employee's fault. It covers an employer that, for a necessary cause that is not force majeure, must stop all or part of the business temporarily, for example because raw materials have run out or machinery is badly damaged. The employer must pay not less than 75% of the wages for a working day received before the stop, for the whole time that work is not provided, and must give written notice in advance of the start date. Details are in reducing wages, workdays and benefits.
The point people confuse: an employer cannot use section 75 for one employee it suspects. That is a suspension pending investigation, which falls under section 116. Conversely, a section 116 suspension is not a way to cut costs when business is slow.
5. Comparison of the three
| Item | Suspension pending investigation | Suspension as a penalty | Temporary stop of work |
|---|---|---|---|
| Main section | 116 and 117 | 108 (work rules, discipline and disciplinary penalties) | 75 |
| What must support it | Work rules or agreement giving the power | Work rules naming the suspension penalty and the offences | A necessary cause that is not force majeure |
| Duration | No more than seven days | As the rules state and proportionate | As the business necessity requires |
| Pay while off work | As the rules state, not less than 50% | As the rules state (a suspension penalty is usually unpaid for that period) | Not less than 75% |
| Documents | Written order stating the offence and period, notice before the suspension | Written penalty notice citing the rules and reasons | Advance written notice |
| If the employee is not at fault | Full wages plus interest at 15% per year | The penalty should not be imposed; if it was, withdraw it and repay the wages | Fault is irrelevant |
6. Sample suspension order for an investigation
Adapt this to the company's own work rules, and check that the rules actually authorise suspension before using it.
Order suspending work pending investigation No. ___/2026
Date of order: ___________
To: Phat (position: warehouse employee, ID ____)
1. Clause ___ of the company's work rules authorises the employer to suspend an employee during an investigation of an alleged offence.
2. The company has received information that you may be connected with the steel-bar stock in the warehouse being short against the books on ___. This is an allegation only and is not treated as a finding of fault.
3. The company has appointed an investigation committee, and you are suspended for the purpose of the investigation from ____ to ____ (___ days in total, not more than seven days).
4. Reason for the suspension: so that the examination of documents and stock can be carried out without interference.
5. During the suspension the company will pay you ____ baht per day, being ___% of your working-day wages (not less than 50%), on the normal pay date.
6. If the investigation ends and you are found not at fault, the company will pay you wages equal to your working-day wages for the whole suspension, counting the amount already paid, with interest at 15% per year.
7. You are entitled to explain the facts and to bring evidence to the committee. The date, time and place of the hearing will be notified in a separate letter.
8. During the suspension please remain reachable at telephone ____ and email ____, and do not enter the warehouse or the stock system until the suspension ends.
Issued by: __________ (authorised person) Position: __________
This order was notified to the employee on ____ at ____ before the suspension began.
Signature of recipient: ________ (receipt of the document only, not an admission of any offence)
Remember: the order must reach the employee before the first day of suspension. If it is sent by chat or email, keep proof of sending and of opening. Do not write wording that decides in advance that the employee is guilty.
7. How to run the investigation fairly and keep usable records
A correct suspension order does not help if the investigation that follows is unfair, because if the employer ends up dismissing and the employee sues, the Labour Court looks at both the reason and the process. General guidance is in employee dismissal rights and preparing for a claim is in defending a Labour Court case as an employer.
- Form a committee. At least two or three people, including HR and a supervisor who is neither the complainant nor the accused. Anyone with an interest in the outcome should not sit on it.
- Give written notice of the allegation. The employee must know what is alleged, when, and which documents it is based on.
- Give the right to be heard. Invite the employee to give a statement, allow reasonable time to prepare, and allow witnesses or documents to be presented.
- Collect evidence lawfully. Accounts, stock records, CCTV that was properly installed and disclosed. Do not access the employee's phone, personal email or social accounts without authority, which may breach the Computer Crime Act and the Personal Data Protection Act B.E. 2562.
- Keep minutes. Date, time, attendees, questions, answers and the documents shown. Have the person read and sign the statement, and record a refusal to sign.
- Write the report. Separate facts from the committee's opinion, submit it to the person with authority to decide, and notify the result in writing.
- Set a time frame. The longer it runs, the greater the harm to the employee and the larger the shortfall the employer will owe if the employee is cleared.
For fraud or other serious cases, where evidence handling and separated steps need care, see our employee investigations service.
8. What should an employee who has been suspended do?
- Sign only for receipt. Write "receipt of document only, not an admission of any offence" and ask for a copy. If you are not given the original, photograph it.
- Check the order. Does it state the alleged offence, a period of no more than seven days, the pay rate, and notice before the start date? Compare it with the work rules or your contract.
- Respond in writing. Answer each allegation, attach documents or name witnesses, and keep a copy with proof of sending.
- Stay reachable. Answer the committee's calls, emails and messages and attend the hearing. If you go silent, the employer may say you did not cooperate.
- Keep payment records. Payslips and the amounts received during the suspension, so you can compare them with the 50% minimum and the section 117 shortfall if you are cleared.
- Do not sign an admission or a release you do not understand. Ask for time to read it and get advice.
- Do not take company data or pressure witnesses. That creates a new offence.
Checklist
For the employer or HR before suspending
- The work rules or agreement authorise suspension during an investigation, and the pay rate is not below 50%
- A written order states the alleged offence and a period of no more than seven days
- The employee is told before the suspension starts and proof of notice is kept
- A committee with no personal interest is appointed and the allegation is notified in writing
During the investigation
- Suspension pay is paid on the normal pay date at the stated rate
- The employee can explain and bring evidence
- Statements are recorded and the employee reads and signs them
- Evidence is gathered without invading privacy or accessing the employee's accounts without authority
When the investigation ends
- The result is notified in writing, separating facts from opinion
- If the employee is not at fault, the balance of wages is paid with interest at 15% per year
- If the employee is at fault, the penalty in the rules and its proportionality are checked before it is imposed
For the employee
- Sign for receipt only and ask for a copy
- Send a written response and keep proof of sending
- Stay reachable and attend the hearing
- Keep payslips and the amounts received during the suspension
Further reading
- Internal investigation of employee fraud — the whole process when fraud is suspected, including complaints and recovery of money
- Workplace sexual harassment: the employer's duties — when the matter investigated is a harassment complaint
- Reducing wages, workdays and benefits — the section 75 temporary stop and the question of consent
- Employee dismissal rights — if the investigation ends in dismissal
- Defending a Labour Court case as an employer — preparing documents before a claim is filed
- When HR should get a lawyer to review — work rules and warning letters
Suspension must be classified correctly as suspension pending investigation, suspension as a penalty, or a temporary stop of work, because the conditions, the documents and the pay differ for each.
We help review work rules, draft suspension orders and notices of allegation, design the investigation process, and advise employees who have been suspended. For an initial consultation, call +66 92 254 2045 or send us the details. See also employee investigations.
This guide is published by Suwanvara Law Firm — a Khon Kaen law firm established in 1986. General information only, not legal advice on a specific matter.
