| 英文摘要 |
During the COVID-19 pandemic, the employer should perform his/her personal protective duty to protect an employee’s life, body and health under§483-1 of the Civil Code. The epidemic prevention duty under the Communicable Disease Control Act and the protective responsibility under the Occupational Safety and Health Act have become concrete personal protective duty converted into labor contract through§483-1 of the Civil Code. In addition to complying with the above-mentioned laws, the employer should abide by the safety measures against biological pathogens in the Regulations for the Occupational Safety and Health Equipment and Measures as well as the Guidelines for Workplace Safety and Health Protection Measures in response to COVID-19 issued by the Ministry of Labor’s Occupational Safety and Health Administration. Moreover, the employer should identify possible hazard and implement risk assessment and take appropriate control measure based on the evaluation result. To fulfill protective duty, the employer may unilaterally exempt the employee from the obligation to provide services. When the employer violates this duty, the employee may claim that the service obligation cannot be expected and performed due to contract impossibility. When the employee returns to the workplace and is ready to provide services after the completion of self-quarantine, the employer should not refuse, if the employer delays accepting the services, the employee may demand for the wage. If the employer did not fulfill this protective duty, the employee may claim the employer to perform, or apply§264 of the Civil Code, exercising the right to simultaneously perform as a right to defense, and may also terminate the labor contract, or claim damages for non- performance of contract or tort. |
