Typhoon alert: How Hong Kong employers should make prior work arrangements under 'extreme conditions'

閱讀中文版本

The Hong Kong Observatory will consider issuing the No. 8 Gale or Storm Signal between noon and 2pm.

Under the combined effect of Nalgae and the northeast monsoon, the Strong Wind Signal, No. 3 will remain in force before noon in Hong Kong. The Hong Kong Observatory will consider issuing the No. 8 Gale or Storm Signal between noon and 2pm.

The Labour Department (LD) reminded employers to make prior work arrangements for staff, including arrangements on reporting for duty, release from work, resumption of work, and work from home (if applicable). These arrangements can not only ensure the safety of employees and smooth operation of establishments, but also are conducive to maintaining good labour-management relations.

"In drawing up and implementing the work arrangements and contingency measures for periods during and after tropical cyclone and rainstorm warnings, employers should give prime consideration to employees' safety and the feasibility for employees to travel to and from their workplaces.

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 a sympathetic and flexible approach with due regard to their actual difficulties and needs," an LD spokesperson said.

"To avoid misunderstanding, disputes and confusion, employers should draw up the work arrangements in consultation with employees and make appropriate updates or amendments based on the experience of each occasion and the needs of both employers and employees, as well as the actual situations."

The work arrangements should cover the following matters:

• Arrangements in respect of reporting for duty;
• Arrangements in respect of early release from work;
• Arrangements in respect of resumption of work (e.g. the number of hours within which employees should resume duty after the warning concerned is cancelled, and when safety and traffic conditions allow);
• Arrangements in respect of work from home (e.g. duty and work arrangements during and after tropical cyclone and rainstorm warnings);
• Arrangements regarding working hours, wages and allowances (e.g. calculation of wages and allowances in respect of reporting for duty and absence); and
• Special arrangements in respect of essential staff in times of adverse weather.

LD reminded employers should also:

• Conduct a timely and realistic assessment of whether there is any need for requiring essential staff to report for duty at workplaces when a tropical cyclone or rainstorm warning is in force;
• Take into account the safety of employees, including the feasibility for employees to travel to and from their workplaces or work from home in adverse weather in assessing the need for essential staff;
• Require only absolutely essential staff to report for duty at workplaces in adverse weather or when the post-super typhoon 'extreme conditions' exist by considering the business nature, operational needs and urgency of service, with due regard to the manpower requirements, staffing establishment and individual situations of employees;
• Keep the number of essential staff at workplaces to the minimum as far as possible;
• Release employees from work in stages or arrange for them to work from home as soon as practicable when a Pre-No. 8 Special Announcement is issued during working hours, which indicates a further worsening of weather conditions;
• These employees should be given priority to leave:
  • Employees who have mobility problems (for example, pregnant employees or those with disability),
  • Employees who rely on transport services which are prone to being affected by adverse weather conditions (for example, ferry services) for commuting to and from work, and
  • Those who work in or are living in remote areas (for example, outlying islands).

"Under special situations, if it is necessary for employees to report for duty at workplaces under adverse weather conditions, employers should discuss with them in advance the duty arrangements and contingency measures. If public transport services are suspended or limited when Tropical Cyclone Warning Signal No. 8 (T8) or higher is in force, employers should provide safe transport services for employees travelling to and from workplaces, or grant them an extra travelling allowance," said the spokesperson.

"As typhoons and rainstorms are natural occurrences that cannot be avoided, for employees who are not able to report for duty or resume work on time due to adverse weather conditions, employers should not withhold their wages, good attendance bonuses or allowances without reasons. Employers should enquire into the reasons and give due consideration to the exceptional circumstances in each case and should not penalise or dismiss the employee concerned rashly."

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. Employers should also note that they have an obligation to provide and maintain a safe working environment for their employees under the Occupational Safety and Health Ordinance.

 "If employees are required to work in times of typhoons and rainstorms, employers should ensure that the risks at work are reduced as far as reasonably practicable," the spokesman said.

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.

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.

Image / Unsplash