Dear Friends,

Due to the recent outbreak of COVID-19 (or 2019-nCoV), the Ministry of Labor ("MOL") announced several rulings and measures related to employment for the industries to follow.  We summarize below:

1. Leaves

(1) Employees infected/quarantined for work reasons – They are entitled to official leave, injury leave, or sick leave, with the original wage.  In case of any death, disability, injury or illness caused therefrom, they are entitled to occupational injury compensation under the Labor Standards Act and relevant rules.

(2) Employees infected/quarantined out of work reasons – They are entitle to sick leave, annual leave or personal leave, with the wage according to the Regulations of Leave-Taking of Workers.

(3) Employees not infected/staying at home to accommodate the regulator's request for independent health management ("IHM") – They may take sick leave, annual leave or personal leave, with the wage according to the Regulations of Leave-Taking of Workers, or agree with employer to adjust the working time.

(4) Employees having family care need due to sick or IHM request – The employees may take family care leave under the Act of Gender Equality in Employment, personal leave and/or annual leave.  The family care leave refers to 7 days per years, which can be counted into annual personal leave days (with no wage given), to which the employer cannot refuse to give.  

(5) Children care leave – As a result of extended winter break of schools, one of the parents may take the "vaccination care leave" from 11 February to 24 February 2020 (with no wage given) to take care of children under 12, to which the employer cannot refuse to give.  The employees' performance or benefits shall not be impacted accordingly. 

2. Workplace Safety and Health Protection Measures

The MOL promulgated the Guidelines for Workplace Safety and Health Protection Measures on 30 January 2020, under which employers shall:

(1) Establish measures for temperature measurement and screening, strengthen training on infection prevention, and maintain ventilation, cleanliness and regular disinfection, at the workplace;

(2) Provide appropriate and sufficient masks, with no restriction to employees from wearing masks, and provide frontline workers who are at risk of infection with masks, and ensure the use thereof;

(3) Prepare appropriate and sufficient masks for those employees whose workplace has been contacted by the confirmed cases of infection, and ensure the use thereof;

(4) Avoid assigning employees to the affected areas in Mainland China, Hong Kong and Macao for work; if employers force employees to work in an infected area but fail to provide necessary safety and health precautions, the employees may refuse the assignment; where the employees' rights and interests are likely damaged therefrom, the employees may terminate the employment agreement and claim for the severance;

(5) Track health status and manage the measures for those employees who have recently traveled to the affected areas;

Employers who fail to any of the above may be fined from NT$30,000 (around US$1,000) to NT$300,000 (around US$10,000).

3. Overtime work for special industry

For medical institutions, or factories producing or distributors distributing masks, disinfectant alcohol and other epidemic prevention equipment, the employer may adopt special overtime shift for "natural disasters, incidents or emergencies" under the LSA, provide that a report with reasons shall be filed within 24 hours with the local government for record.

David Tsai / Aaron Lai