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政府訊息 yang - 最新訊息 | 2023-11-24 | 點閱數: 785

Q :事業單位停工,其停工期間工資如何發給?

A:

應視停工原因依具體個案事實認定之:

**過去在肺炎疫情期間,有雇主因防疫被勒令停工,逕行清潔、消毒,屬於雇主被衛生主管機關要求停工,不可歸責於勞雇任何一方,因此勞工不必工作、雇主也不必發工資。

**如果登革熱疫情期間,雇主配合衛生主管機關,被強制停工,進行登革熱防治清潔、消毒,也是屬於不可歸責於勞雇任何一方的情況,因此停工期間勞工不必工作、雇主也不必發工資。

也就是說:

1.停工原因如係可歸責於雇主,而非歸責於勞工時,停工期間之工資應由雇主照給。另停工原因如屬雇主經營之風險者,為可歸責於雇主之事由。

2.停工原因如係不可歸責於雇主,而係歸責於勞工,雇主可不發給工資。

3.停工原因不可歸責於勞雇任何一方者,勞工不必補服勞務,雇主亦不必發給工資。但勞雇雙方如另有約定者,從其約定。

準此,

1.歸責於雇主之停工,工資自不得低於基本工資。

2.歸責於勞工之停工,雇主可不發給工資,自無可否低於基本工資之問題。

3.不可歸責於勞雇任何一方之停工,勞工不必補服勞務,雇主亦可不發給工資,但勞雇雙方另有約定者,從其約定,不受基本工資之限制。

https://www.mol.gov.tw/1607/28690/2282/2284/2290/7138/post

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