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Back薔琵襲台20縣市停班課 勞動部:勞工可不出勤、雇主不得強迫請假
薔琵襲台20縣市停班課 勞動部:勞工可不出勤、雇主不得強迫請假
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自由时报6 hours agoLabor2 min readChinaView translation

薔琵襲台20縣市停班課 勞動部:勞工可不出勤、雇主不得強迫請假

北北基桃等20縣市宣布停班停課,勞動部提醒雇主不得視為曠工或強迫請假,若需出勤應提供必要協助。

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薔琵颱風來襲,北北基桃等20縣市宣布23日停班停課。勞動部強調勞工可依法不出勤,雇主不得懲處。若勞工同意出勤,雇主應提供通勤協助,並遵守外勤安全指引,確保作業安全。

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Why It Matters

勞動部去年修訂《天然災害發生事業單位勞工出勤管理及工資給付要點》,規範颱風天勞工出勤權益。

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勞動部提醒,颱風天雇主須提供通勤協助。(勞動部提供)

〔記者李靚慧/台北報導〕薔琵颱風來襲,北北基桃等20縣市已宣布明(23)日放颱風假。勞動部強調,勞工在縣市首長宣布停班停課後,依要點規定可不出勤,雇主不得視為曠工、遲到或強迫勞工請事假或其他假。若因業務性質需要,經勞工同意出勤,雇主應提供通勤協助,例如勞工原本的上、下班通勤方式有困難,有搭乘計程車的必要時,雇主應支付相關費用,且雇主應事先在勞動契約、團體協約或工作規則中,明確讓勞工知悉雇主所提供的通勤協助。

薔琵颱風來襲,外界關注周五是否有一天的「颱風假」,雖然已有北北基桃等20縣市已宣布明(23)日停止上班上課,對勞工而言,並沒有「颱風假」這個假別,但勞動部去年修訂《天然災害發生事業單位勞工出勤管理及工資給付要點》,明訂勞工在縣市首長宣布停班停課後,依規定可不出勤,且雇主不得視為曠工、遲到,或強迫勞工請事假或其他假別,也不得強迫勞工補工作、扣發全勤獎金、解僱或為其他不利處分。

不過,雇主因業務性質需要,經勞工同意而出勤時,雇主應提供通勤協助,且要求雇主應事先在勞動契約、團體協約或工作規則中,明確讓勞工知悉雇主所提供通勤協助之內容。

此外,如果勞工從事外勤、戶外施工、維修與檢修等高風險工作,雇主應遵守職業安全衛生設施規則第 286 條之 2 ,及「颱風天外勤安全指引」等規定,備妥救生衣、安全帽、通訊設備及必要交通工具,確保勞工能安全執行工作,六大重點提醒,包括停止高風險戶外作業、加強施工場所防颱整備、落實鄰水及水域作業安全、避免豪雨期間從事邊坡及開挖作業、防範感電及機械設備危害,以及建立緊急應變及通報機制。

Open Questions

  • 雇主通勤協助的具體費用標準為何?

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This article was originally published by 自由时报.

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