T8 is now in force in Hong Kong: Employers should implement flexible work arrangements for employees

閱讀中文版本

Employers should adopt a sympathetic and flexible approach as well as observe the statutory liabilities and requirements under relevant legislation.

With the influence of typhoon Talim, the Hong Kong Observatory has issued Tropical Cyclone Warning Signal No. 8, which is expected to remain in force at least until 4pm.

The Labour Department (LD) reminded employers to make work arrangements for staff during and after tropical cyclone and rainstorm warnings, including arrangements on reporting for duty, release from work, resumption of work and work from home (if applicable).

The LD noted that, in implementing the work arrangements and contingency measures, employers should 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 a sympathetic and flexible approach with due regard to their actual difficulties and needs. For example, employers may permit employees who have difficulties in returning to workplaces to work from home or allow more time for them to report for duty and resume work. Employers should also observe the statutory liabilities and requirements under relevant legislation.

Employers should observe the statutory liabilities and requirements under the Employment Ordinance, the Occupational Safety and Health Ordinance, the Factories and Industrial Undertakings Ordinance, the Employees' Compensation Ordinance and the Minimum Wage Ordinance. Regarding the major principles, the framework, the reference guidelines and information on relevant legislation on making work arrangements, employers may refer to the "Code of Practice in Times of Typhoons and Rainstorms" published by the LD.

Under the Occupational Safety and Health Ordinance, employers have an obligation to provide and maintain a safe working environment for their employees.

Under the Employees' Compensation Ordinance, employers are liable to pay compensation for death or injury incurred when employees are travelling by a direct route from their residence to their workplace, or from their workplace back to their residence after work, four hours before or after working hours on a day when T8 or higher or a Red or Black Rainstorm Warning Signal is in force, or within the period (including any extended period) during which "extreme conditions" that arise from a super typhoon or other natural disaster of a substantial scale exist as specified in an "extreme conditions" announcement.

Lead image / Hong Kong Observatory