These are some of the many questions that arise for workers who may be affected by the coronavirus situation .
If in our country, due to a health emergency, citizens are advised not to leave taiwan business mailing list their homes, the company cannot dismiss workers on the grounds of abandoning their jobs. This would be considered justified absences .
What happens to my salary? Do I still get paid for the days I can't go to work? Article 30 of the Workers' Statute gives us the answer.
Article 30 ET: If the worker is unable to provide his services once the contract is in force because the employer delays giving him work due to impediments attributable to the employer and not to the worker, the latter will retain the right to his salary , without being able to compensate him for the salary he lost with other work performed at another time.
That is to say, since the inability to provide services cannot be attributed to the employer, the employer can deduct the period of absence of the workers from the payroll since it is a circumstance beyond the control of the company.
Suspension of employment contract
Art . 45.1.i of the Workers' Statute includes the figure of suspension of the employment contract due to temporary force majeure . In other words, we are dealing with an event external to the company, extraordinary and independent of the employer's will regarding the provision of work by its employees.
The company has the option of suspending the employment contract of its employees. The procedure is initiated by submitting a request to the labor authority, which must be accompanied by the relevant evidence. In turn, the situation must be communicated to the legal representatives of the workers.
Preventive isolation due to coronavirus is sick leavecommonprofessional/work accident
Article 169 of the General Social Security Law only covers periods of medical observation in the case of occupational diseases, but Social Security has changed its criteria and has issued a statement indicating that those workers who are in preventive isolation due to coronavirus are considered to be in a situation of temporary disability (sick leave), if they meet the other requirements and in accordance with the Social Security regime.
The economic benefit for temporary disability consists of a daily subsidy:
In the case of common illness and non-work-related accident: 60% from day 4 to day 20 inclusive and 75% from day 21 onwards.
In the event of an accident at work or occupational disease: 75% from the day on which the right arises.
The Council of Ministers, at the proposal of the Minister of Inclusion, Social Security and Migration, has given the green light to a Royal Decree-Law 7/2020, of March 12 , which includes measures to improve the protection of workers affected by COVID-19. In this sense, both people in preventive isolation and those who have been infected with the virus are considered to be on Temporary Disability assimilated to sick leave due to an Accident at Work .