LD urges employers and employees to make work arrangements in times of tropical cyclones and rainstorms
As Tropical Cyclone Warning Signal No. 8 (T8) will soon be in force, the Labour Department (LD) today (July 25) reminded employers to make work arrangements for employees during and after tropical cyclone warnings, rainstorm warnings and extreme conditions, including arrangements on reporting for duty, early release from work, work resumption, remote work (if applicable), wages and allowances, and arrangements for staff required to report for duty in times of adverse weather and extreme conditions.
A spokesman for the LD said, "In drawing up and implementing the relevant arrangements, apart from factors such as operational needs of organisations, employers should give prime consideration to employees' safety and the feasibility of employees travelling to and from their workplaces, etc. Employers should also give consideration as much as possible to the different situations faced by individual employees, such as their place of residence and the road and traffic conditions in the vicinity, and adopt an empathetic and flexible approach with due regard to their genuine difficulties and needs. For example, employers may permit employees who have difficulties in returning to workplaces to work remotely (if applicable) or allow more time for them to report for duty and resume work."
If the Government makes an extreme conditions announcement, except for those required to report for duty at workplaces according to prior agreements made with employers, employees should stay where they are or in safe places, instead of heading for work. Employees already on duty at workplaces could continue to work as usual in a safe manner. If the workplaces are in danger, employers should arrange to release staff from work early where practicable and safe to do so, or arrange for them to take temporary shelter in a safe place. If working time ends while extreme conditions are still in force, employers can release employees from workplaces in a safe manner or provide a suitable area as temporary shelter for those still at workplaces.
If it is necessary for employees to report for duty at workplaces under adverse weather or extreme conditions, employers should work out arrangements for their reporting for duty and contingency measures, transportation, workplace safety, meals, and rest places. If public transport is suspended or only maintains a limited service when T8 or higher, or extreme conditions are in force, employers should provide safe transport services for employees travelling to and from workplaces, or grant them an additional travelling allowance.
"Tropical cyclones and rainstorms are natural calamities. If employees are not required to report for duty, or are released from workplaces early, or are unable to report for duty at workplaces or resume work on time, etc due to adverse weather, extreme conditions or other environmental factors beyond their control, employers should not deduct their wages, good attendance bonus, or allowances, nor require employees to compensate subsequently for the loss of working hours in response to the aforementioned situations, or reduce employees' entitlements to annual leave, statutory holidays or rest days under the Employment Ordinance to compensate for the loss of working hours resulting from the issuance of adverse weather warnings or the extreme conditions announcement. Even if employers know in advance that a tropical cyclone may soon affect Hong Kong, they should not make last-minute changes to employees' leave arrangements in order to offset the loss of working hours resulting from the issuance of T8 or higher, the Black Rainstorm Warning Signal and other severe weather warnings, or the extreme conditions announcement," the spokesman said.
The spokesman also reminded employers to observe the statutory liabilities and requirements under the Employment Ordinance, Occupational Safety and Health Ordinance, Factories and Industrial Undertakings Ordinance, Employees' Compensation Ordinance and Minimum Wage Ordinance.
The LD's latest revised "Code of Practice in Times of Adverse Weather and 'Extreme Conditions'" sets out the relevant guidelines in a reader-friendly and concise manner, reiterating the three major principles for formulating work arrangements under adverse weather and extreme conditions, including formulating work arrangements in advance, giving prime consideration to employees' safety, and complying with requirements of labour legislation, and incorporating corporate examples for reference. The booklet can be obtained from branch offices of the Labour Relations Division or downloaded from the department's webpage (www.labour.gov.hk/eng/public/wcp/Rainstorm.pdf).
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