Hong Kong – Employers and workers need to clear up work plans after hurricanes or rainstorms (2)

The Labour Department (LD) today (June 8) advised companies to make useful and sensible work plans for staff members after the cancellation of hurricane cautions or rainstorm cautions, with due factor to consider to the roadway and traffic conditions and other elements, and make versatile plans for personnel to resume work or work from another location (if suitable). This will assist preserve great labour relations, and make sure the security of workers 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 considerate and handle the situation in a flexible manner. For example, employers may allow employees to resume work by batches, 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,” a representative for the LD 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.

“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,” the spokesperson stated.

Companies have a commitment to supply and keep a safe workplace for their workers under the Occupational Safety and Health Ordinance and the Factories and Industrial Undertakings 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 home after work, 4 hours before or after working hours on a day when a Tropical Cyclone Warning Signal No. 8 or greater, a Red or Black Rainstorm Warning Signal or severe conditions are in force.

The LD’s most current modified “Code of Practice in Times of Adverse Weather and ‘Extreme Conditions'” sets out the appropriate standards in a reader-friendly and succinct way, repeating the 3 significant concepts for creating work plans under negative weather condition and severe conditions, consisting of creating work plans beforehand, providing prime factor to consider to staff members’ security, and abiding by requirements of labour legislation, and integrating business examples for referral. The brochure 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).