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Guideline for Business Entities to Handle Employee Turnout and Salary during Natural Disasters

  • Last updated:2021-10-18

I. This guideline has been formulated to protect the lives and safety of laborers and to meet the operational requirements of business agencies when (after) natural disasters take place.

II. The natural disasters mentioned in the Guideline refer to typhoons, floods, earthquakes and other natural disasters defined by the governing agencies.

III. Except otherwise provided in pertinent rules and regulations, employee turnout and salary management during (after) natural disasters shall be defined in accordance with this Guideline in the labor contract, group contract or work regulation beforehand. In the event there is no prior agreement or no provisions in the work regulation, employee turnout and salary management during (after) natural disasters shall be handled in accordance with this Guideline.

IV. In the event a business entity because of the nature of business requires specific employees to report to work when (after) natural disasters take place, the employee and employer shall establish an agreement prior to the employment. In the event there is a labor union, consent of the labor union is required. In the event there is no labor union, an agreement shall be established between the employee and the employer via meetings.

V. In the event a work place becomes hazardous for employees to continue to work owing to natural disasters, the employer or the person in charge shall take necessary measures immediately to ensure employee safety.

VI. In the event any of the following situations occurs when (after) natural disasters take place, the employer may not treat the employee as absent or late or force the employee to take personal leave or other leaves for the absence, and may not force the employee to make up for the work hours, or withhold the full-attendance bonus, or dismiss the employee, or take any other adverse measures against the employee:

(I)When the head of the government agency in charge of the region where the employee works announces temporary shutdown of workplaces in accordance with “Operational Guideline for Temporary Shutdown of Workplaces and Schools Due to Natural Disasters” (hereinafter referred to as the Operational Guideline), and the employee does not turn out for work;

(II)When the head of the government agency in charge of the region where the employee works does not announce temporary shutdown of workplaces in accordance with the Operational Guideline, but the employee fails to report to work on time or does not turn out for work because of traffic jams caused by typhoons, floods or earthquakes;

(III)When the head of the government agency in charge of the region where the employee works does not announce temporary shutdown of workplaces in accordance with the Operational Guideline, but the head of the government agency in charge of the region where the employee lives or passes through as the only path to (from) the workplace announces temporary shutdown of workplaces in accordance with the Operational Guideline, and the employee does not turn out for work.

VII. In the event the employee is unable to report to work because of the situations defined in the previous section, the employer may not withhold the salary. In the event the employee turns out to work in response to the employer’s request, the employer in addition to the regular salary for the day shall give the employee extra pay and shall provide transportation vehicles, transportation allowances, or any other necessary assistance.

VIII. Government agencies (institutions), public/private schools, public utility entities, post offices and power supply companies, transportation and communication entities and other entities of special natures shall follow the requirement of applicable rules and regulations in place in handling employee turnout and salary when (after) natural disasters ta

  • Source:Department of Standards and Equal Employment
  • Publication Date:2009-07-21
  • Count Views:9195
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