Employees with hay fever may legally require companies to take "hay fever countermeasures"?

Can you ask the company to deal with hay fever?

　For people who worry about hay fever and work at the same time, in the workplace where they spend most of the day, it is also of great concern to have a solid understanding and response to hay fever. I asked Ruo Linxiang, a lawyer at the law firm Gladyat, how many companies are responding to hay fever and what to do when employees with hay fever don't understand the company.

Companies with "hay fever strategy floors"

q. What kind of pollinosis countermeasures have been taken by enterprises? "for example, in order to work in an environment free from pollen, some companies have introduced telecommuting and working from home since before the coronal disaster," Ruolin said. There are also companies that subsidize the purchase of high-quality paper towels, masks and eye drops under the name of "hay fever allowance", and there are companies that pay in kind at any time, and there are also companies that bear the cost of hospitalization once a year. In addition, there are air showers equipped with dust cleaners that can drop pollen in 10 seconds and "hay fever floor" with air cleaners. Article 5 of the Labor contract Law: "the user, the labor contract is accompanied by the safety of the laborer, his life, his body, etc., while ensuring that the labor can, necessary to consider things." he said. Can companies that do not respond to hay fever in the workplace violate Article 5? Mr. Ruolin: "the obligation to consider safety under Article 5 of the Labor contract Law can be replaced by" the obligation to respond to the danger that may arise from the life and body of the worker because the worker is detained in a place designated by the company ". Because there is no precedent, I personally think that pollen is not limited to specific places, it is scattered everywhere, and pollinosis is not caused by being confined to specific places. As a result, the company's obligation to take hay fever measures is considered in principle not to be included in safety considerations. However, for example, in situations where long hours of work in places with a large amount of pollen, such as the felling of fir trees, are forced, there is also room for consideration in the exceptional duty of safety considerations. "Q. The staff of the sales position in the field "hay fever is very serious, want to take care of" the company requirements, for example, the configuration conversion of the internal office, some corresponding obligations of the company will not occur. Mr. Ruolin: "I don't think there is an obligation to deal with it." Because the obligation to deal with hay fever is not included in the safety consideration obligation in principle. Whether to consider it seems to gradually become the company's discretion. "Q. In companies that do not respond to hay fever, can they only use paid leave or absenteeism when they have severe rest? Article 6 of the Labor contract Law stipulates the principle of non-work payment, which is treated as absenteeism unless workers ask for leave and pay wages, Ruolin said. Even if you complain that hay fever is very serious and it is difficult to go to work, you cannot claim pay during the rest period if you are treated as absenteeism. "Q. So what if people with hay fever seek treatment for hay fever in the workplace? "you can't just talk about the pain of hay fever," Jolin said. Please tell me what symptoms are caused and how to cause obstacles to the business. It should be told as the overall problem of improving the workplace environment for the company. Moreover, if the company has a suitable window, it can be said that it is best to resort to that window. "Q. If you don't do it, even if you ask about hay fever measures, companies, such as reporting to the Labour Standards Supervision Agency (Loki), you can call the outside of public labor relations agencies. Mr Ruolin: "I think it is very likely that even if we report the case to the Labour Department, it will not attract each other." The Loki Office is to correct the institutions that violate the law, and, as mentioned earlier, pollinosis countermeasures are not considered to be a violation of the obligation to consider safety. "Q. We have to deal with it as an individual. Mr. Ruolin: "so far, I have to defend myself." Hay fever drugs also have side effects, so in order to relieve symptoms, you should pay attention to "trying to reduce stress", "pay attention to diet" and "have a good sleep". In addition, when you go home, you should pay attention to "the coat and hat must be taken off in the porch", "use a suit brush and stick carpet cleaner, wipe the pollen off the clothes as far as possible," and so on.

Ottnasser's editorial department