1. Identify what needs to stop, and why
Record the concern that justifies temporary action: access to a particular approval system, possible interference with witnesses, safety or preservation of records. Consider whether a narrower measure would address it, such as changing an approval workflow or an agreed temporary assignment. Disabling one sensitive permission and excluding someone from all duties are materially different. Preserve relevant records lawfully before changing access; restrict circulation of allegations to those who need to know.
Check the employing entity, work city, contract, applicable collective agreement and China policy. Labor Contract Law Article 29 requires full performance of contractual obligations. Article 4 and SPC Labor Dispute Interpretation (I), Article 50 require review of the lawful content, democratic procedure and communication of workplace rules. Under Article 50, an employee’s request to give priority to the collective or individual contract over inconsistent internal rules is supported. A global suspension clause or a handbook signature is therefore not a complete answer.
2. Make a separate, documented payroll decision
Article 30 of the Labor Contract Law requires timely and full payment under the contract and national rules. Do not instruct payroll to mark the period as unpaid absence merely because the company has told the employee not to attend. Pending a supported assessment, maintaining contractual pay and benefits is a prudent starting point for a proposed temporary arrangement. It is a risk-control recommendation, not a conclusion that every paid suspension is lawful or that every pay component must be calculated identically in every city.
List basic salary, fixed allowances, variable incentives and benefits separately, with their contractual conditions, payment dates and the employee’s actual situation. A disputed bonus or alleged loss is not a reason to freeze all salary. Articles 7 and 15 of the Interim Provisions on Wage Payment address payment timing and prohibited deductions, with specified exceptions. Verify any claimed exception before using it. Payment of wages should not be conditioned on the employee admitting misconduct or signing a resignation.
3. Do not turn an individual investigation into a business shutdown
Article 12 of the Interim Provisions on Wage Payment addresses an employer’s shutdown or suspension of production for reasons not attributable to employees. It distinguishes the first wage-payment cycle from later periods and, later, whether normal work is provided. Sending one employee home for investigation does not by that fact establish those conditions. A “standby” label does not automatically justify minimum-wage or living-expense treatment. A genuine operational shutdown requires its own factual and local-law review.
Similarly, a company-directed investigation period should not simply be recoded as employee-requested unpaid leave, annual leave already taken or absence without permission. Record who directed the arrangement and what attendance or availability was required. Keep the original instruction with attendance records so that an automated payroll deduction does not contradict HR’s own decision.
4. Set clear temporary terms and a review date
Where the proposal changes agreed duties, workplace or pay, assess whether it falls within a lawful management arrangement or requires agreement. Article 35 provides for mutually agreed contract changes in writing, with a copy for each party. Interpretation (I), Article 43 recognizes a limited exception for a mutually agreed oral change actually performed for more than one month, where the content does not violate laws, administrative regulations or public order and good morals. That is not permission to infer consent merely from an employee staying home under an instruction.
A proposed temporary letter should identify the responsible China entity, limited purpose, start date, duties or availability, restricted access, pay and benefits, contact person and review date. Explain that no final misconduct finding has yet been made if that is the actual position. Seek and record the employee’s response. There is no universal investigation suspension period supplied by the provisions cited here: a review date is an operational safeguard, not a statutory safe harbor. Any extension needs a renewed factual and legal assessment.
5. Plan the next step before the temporary arrangement expires
At review, decide whether normal duties and access can resume, a lawful agreed adjustment is needed or a separate disciplinary decision is supported. Continuing to pay does not cure an indefinite, unjustified denial of contractual work conditions. Articles 38 and 46 of the Labor Contract Law can support employee termination and economic compensation where the relevant statutory conditions, including failure to provide agreed work conditions or timely full pay, are met. A complaint does not automatically establish those conditions; the actual arrangements and chronology matter.
Prepare the contract and policies with adoption and communication records, allegation outline, reason for each restriction, employee responses, payroll breakdown, attendance instructions, review notes and proposed restoration plan. Interpretation (I), Article 44 places the burden on employers for disputes arising from their decisions to reduce pay or dismiss. For initial advice, provide a non-confidential outline of the China entity, city, role, dates, current pay treatment and proposed restrictions. Share personnel and investigation records only through an agreed secure review process. Lawyer consultations are in Chinese and English.
Legal sources
Official sources · Checked 2026-10-23. Translations are for reference and are not official legal texts.
- PRC Labor Contract Law (2012 amendment) ↗
Articles 4, 29–30, 35, 38 and 46: workplace rules, contract performance, pay, changes and employee-initiated termination.
- SPC Interpretation (I) on Labor Disputes, Fa Shi [2020] No. 26 ↗
Articles 43–44 and 50: oral-change exception, employer burden of proof and workplace rules versus contract terms.
- Interim Provisions on Wage Payment, Lao Bu Fa [1994] No. 489 (Shanghai HRSS republication) ↗
Articles 7, 12 and 15: payment dates, genuine shutdowns and limits on deductions.
General information about mainland China. The facts, applicable dates and local rules require individual review.
Partner, Beijing ChangAn Law Firm
China-qualified since 2019 · Beijing & Shenzhen
Review investigation-period work and pay arrangements
Assess the proposed restrictions, pay treatment and review plan before sending the employee home.
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