Hong Kong – Employers and workers need to clear up work plans after hurricanes or rainstorms

The Labour Department (LD) today (July 29) advised companies to make useful and sensible work plans for workers after the cancellation of hurricane cautions or rainstorm cautions, with due factor to consider to the roadway and traffic conditions and other aspects, and make versatile plans for personnel to resume work or work from another location (if appropriate). This will assist preserve great labour-management relations, and make sure the security of staff members along with the smooth operation of organisations.

“For staff who have genuine difficulties in resuming work on time upon cancellation of a tropical cyclone or rainstorm warning, employers should be sympathetic and handle each case flexibly. For example, employers may allow employees to resume work in stages, 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,” an LD representative stated.

The representative advised companies 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.

“As natural calamities cannot be avoided, for employees who are not able to report for duty or resume duty on time due to adverse weather or extreme conditions, employers should neither deduct their wages, good attendance bonus or allowances, nor reduce employees’ entitlement to annual leave, statutory holidays or rest days under the Employment Ordinance, or ask for additional hours of work from employees to compensate for the loss of working hours when they are unable to report for duty,” the spokesperson stated.

Companies ought to keep in mind that they have a responsibility to offer and keep a safe workplace for their staff members under the Occupational Safety and Health Ordinance. Under the Employees’ Compensation Ordinance, companies are responsible to pay payment for injuries or deaths sustained when workers are taking a trip by a direct path from their home to their office, or from their office back to their house after work, 4 hours before or after working hours on a day when Tropical Cyclone Warning Signal No. 8 or greater, a Red or Black Rainstorm Warning Signal or severe conditions are in force.

The LD has actually released the “Code of Practice in Times of Adverse Weather and ‘Extreme Conditions'”which offers the significant concepts, referral standards and details on pertinent legislation on making work plans for the recommendation of companies and workers. The pamphlet can be acquired from branch workplaces of the Labour Relations Division or downloaded from the department’s website (www.labour.gov.hk/eng/public/wcp/Rainstorm.pdf).