The Corona virus continues to spread in many South Korean cities and new infections are emerging every day, requiring government agencies, citizens and businesses to collaborate to reduce the number of infections.
The Korean government has issued several guidelines to reduce exposure to the virus. The public was asked to postpone or cancel public events and conferences. People are required to wear masks in public places as well as care for hygiene. School and kindergarten opening was postponed to an unknown date. Companies were advised to allow employees to work from home. People who have been in contact with infected people are required to be tested and remain in isolation.
The new guidelines have led to confusion in the public, especially among employers, who are faced not only with a shortage of raw materials and logistics limitation, but also with difficulties in managing employees, some of whom cannot work due to the Coronavirus or their children who are forced to stay home.
Due to the current situation, in recent days we have received dozens of questions from employers and local companies regarding employer responsibilities and employee rights. To help others, we share some of the questions and our answers here.
1. Does a company need to nominate an employee/manager in charge regarding Coronavirus at workplace? Is there a phone number to call in case of question in English?
Answer: Yes, it’s recommended to have one contact point at the organization for any information, updates and questions regarding the Coronavirus from employees and government bodies, however it’s not mandatory and each company can decided about it according to their resources. For inquiries regarding the Coronavirus infection the following phone number are available in English: 1330 or 1345 or 120.
2. In case one of employees in the company or workplace found as infected - are there special instructions to follow?
Answer: In such case it’s mandatory to close the operation of the working place and all the employees should be isolated and tested for the virus. The company operation will be allowed to start and the employees will be allowed to return to work only after receiving permission from the authorities.
3. If an employee is infected with the virus and therefore not allowed to come to work - is he/she entitled to receive wages for the days he/she is not working? Can the employee be required to make use of the annual leave?
Answer: The general rule is that employees are not entitled to time off in relation to non-work-related illness or injuries. Regarding Coronavirus cases, the employee will be entitled to receive wage, despite the fact he/she cannot work due to the virus infection, however, these days can be considered as part of the annual leave (if there are unused days left). Please note that deducting such days from the annual leave may cause anger among employees who are forced to be in isolation against their wishes, so we recommend reaching an agreement with the employees regarding the use of the annual leave. For example, mixing paid leave with non paid leave.
4. In the case of work from home, is an employer allowed to reduce the employee's salary because the employee is unable to perform his job optimally?
Answer: The general recommendation is to allow employees to work from home, but it’s not allowed to reduce the salary in case of not optimal performance. The Korean government is aware of this situation and working on special budget to support companies and factories.
5. Can an employer force employees to take unpaid leave because of the slow or now business due to Coronavirus?
Answer: No, the employer cannot do that unless mutually agreed with the employees. It’s recommended to discuss with the employees in advance about the situation and suggest using the annual paid leave and also mix it with no paid leave.
6. Can an employee refuse to fly for business trip outside Korea or to highly infected areas of the virus?
Answer: Employee isn’t allowed to refuse for such trip unless there is official travel notice by the authorities, however many companies voluntarily cancel unnecessary travel, especially to infected places, so forcing such a trip could be considered a danger to the public.
7. Can an employee refuse to join or go for meetings (suppliers/customers or even with other employees) because of the Coronavirus?
Answer: Like the answer to the previous question, the employee is not allowed to refuse to join or hold a meeting, but if there is a reasonable concern about that meeting it is recommended to cancel and allow the employee to avoid it. It is recommended to use conference calls as a replacement.
8. Is it must to wear mask inside office?
Answer: It’s not a must to wear mask at office, but its common practice to follow. By not wearing mask the other employees may feel uncomfortable to work together.
9. Does the company need to record any visitors to the office, including name and ID (for the sake of tracking in case of infection)?
Answer: It’s requested to take record of visitor’s contact information, check his/her body temperature and make sure he/she wear mask before entering the building or company premises.
10. Does employer must provide disinfectants materials at the office (like masks and hand sanitizer) and other related items?
Answer: While it’s much recommended, it’s not mandatory to provide it because of the lack of supplies for such material and equipment, such as masks and disinfecting gels. Due to the shortage, the government has taken responsibility for the distribution of masks, and every employee has to come independently (or through a family member) to purchase masks.
Please note, the information above is not official guidelines and is subject to change in accordance with the various decisions of the Korean Government that are made from time to time. We recommend getting consultation and checking each case before making a decision that may affect your employee's rights.
