1.            Agreements between Employers and the Employees

For applying the working from home ("WFH"), employers shall reach agreements with employees directly or through labor unions or labor-management conference. Employers shall also set a specific chapter for WFH in the employment agreements, work rules or collective agreements to explicitly stipulate the content of work, equipment and other relevant matters.

 

2.            Working Conditions and Performance Appraisal

Employers shall not change the working conditions (e.g., wages, positions, leaves) or the performance appraisal to be unfavorable to the employees of WFH.

 

3.            Occupational Safety and Health of WFH

Employs shall apply necessary equipment, measures for prevention or provide necessary education of safety and health based on the status of WFH and the result of risk evaluation within a reasonable and feasible scope, e.g., checking if the space and lighting (light source) for WFH is sufficient; lowering the factors interrupting WFH to the minimum with appropriate measures; arranging regular rest period for employees of WFH; regularly caring for and confirming the physical and mental health of employees of WFH and provide relevant stress relieving measures; providing education, training and consulting assistance regarding the equipment or tools for WFH. Employers shall stipulate the relevant contents in the safety and health work rules.

 

4.            ProvidingSoftware/Hardware Equipment or Allowance

Employers may provide employees of WFH withthe necessary software/hardware equipment (e.g., computer), facilities (e.g., ergonomic desks and chairs) and necessary expenses for business (e.g., internet bill, electricity bill).

 

5.            Hours of Work

    (1)  Employers shall reach agreements with employees regarding the beginning and end of working hours as well as the rest period in advance and perform in accordance with such agreement.

    (2)  Employers shall prepare the attendance records and register the regular working hours of employees on a daily basis to the minute. The attendance records of employees of WFH may be documented with computer or electronic communication devices. Employees shall enter into agreements with employees regarding the method to report or register the attendance.

    (3)  In respect of the situation that employees of WFH are required to work overtime due to the work or the demand by employers, employers shall register the start time of the work assigned. Employees shall report the continuous hours of work and the result to employers for records. Employers shall register the end time of overtime working reported by employees and provide overtime pay.

 

6.            Employees' Right to Disconnect

Employers shall respect employees' right to disconnect during the leaves/holidays or anytime other than the agreed working hours and shall take the initiative in preventing the management from unnecessarily disturbing the rest period and leaves/holidays of employees. Employers shall reach agreements with employees directly or through labor union or labor-management conference regarding the exercising of right to disconnect, including explicitly stipulating the reasonable ways and period for employees to exercise the right to disconnect, attaching the notification that employees are not required to reply to or process any emails or messages immediately during the leaves/holiday or anytime other than the agreed working hours, and no punishment or unfavorable treatment regarding the work conditions of employees based on the reason such as employees' absence of reply to emails or calls during the rest time or leaves/holiday.

 

7.            Employers shall establish the internal report procedure, investigation mechanism and rules of punishment for the issues regarding WFH and right to disconnect.

 

8.            Department of Labor, Taipei City Government created the form of self-inspection for WFH to assist employers to take the initiative in establishing the self-inspection mechanism.

 

The WFH Guidelines announced and enacted by the Department of Labor, Taipei City Government aim at the increasingly popular WFH model and provide employers with guidelines to apply the relevant measures in accordance with the relevant laws and regulations so as to protect the rights and interests of employees. The WFH Guidelines should be able to reduce or moderate the disputes resulted from WFH and promote the harmony of labor/management relation.

 

Lee and Li's Labor Practice Group provides consulting and other professional services regarding various kinds of labor issues. Should you have any questions in respect of the WFH Guidelines announced and enacted by Department of Labor, Taipei City Government or any other labor-related laws and regulations, please feel free to contact our team.