What Hong Kong employers need to do when a black rainstorm signal is hoisted

閱讀中文版本

A black rainstorm warning was issued by the Hong Kong Observatory at 11:45am today.

**This article was updated on 8 October 2021 with the latest rainstorm advisory from the Labour Department

Hong Kong's Labour Department (LD) today (8 October) reminded employers to make prior work arrangements for staff during and after rainstorms, including arrangements on reporting for duty, release from work, resumption of work and work from home. 

If a Red or Black Rainstorm Warning is issued during working hours, employees working indoors should continue to work as usual unless it is dangerous to do so. Supervisors of employees working outdoors in exposed areas should suspend outdoor duties as soon as practicable.

They should arrange for their employees to take shelter temporarily and resume duty only when weather conditions permit. When the Black Rainstorm Warning is issued, those employees should not resume duty until the warning is cancelled and weather conditions permit. If the Black Rainstorm Warning is still in force by the end of working hours, employees should stay in a safe place until the heavy rain has passed. An area in the workplace should be made available by employers as temporary shelter for employees.

The work arrangements should cover the following matters:

1. Arrangements in respect of reporting for duty
2. Arrangements in respect of release from work
3. 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, when safety and traffic conditions allow)
4. Arrangements in respect of work from home (e.g. duty and work arrangements during and after typhoons and rainstorms)
5. Arrangements regarding working hours, wages and allowances (e.g. calculation of wages and allowances in respect of reporting for duty and absence)
6. Special arrangements in respect of essential staff in times of adverse weather. 

ALSO READ: Code of Practice in times of typhoons and rainstorms (issued by Labour Department)

Do WFH employees still need to report for duty during a typhoon 8? 

Employers should conduct timely and realistic assessment of whether there is any need for requiring essential staff to report for duty at workplaces when a rainstorm warning is in force. In assessing the need for essential staff, employers should 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.

Employers should also consider the business nature, operational needs and urgency of service, with due regard to the manpower requirements, staffing establishment and individual needs of employees. Employers should require only absolutely essential staff to report for duty at workplaces in adverse weather conditions and the number of essential staff at workplaces should be kept to a minimum as far as possible.
 
Employers should provide transport services for employees who are required to travel to and from workplaces when the Black Rainstorm Warning is in force, or grant them an extra travelling allowance.
 
For staff who have practical difficulties in resuming work on time upon cancellation of a rainstorm warning, employers should give due consideration to the circumstances of individual employees and handle each case flexibly. 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.
 
As 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 bonus 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.
 
The spokesman also reminded employers to 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 not deduct the annual leave, statutory holidays or rest days to which employees are entitled under the Employment Ordinance so as to compensate for the loss of working hours resulting from employees' failure to report for duty upon the announcement of a Black Rainstorm Warning. An employer who without reasonable excuse fails to comply with relevant provisions under the Employment Ordinance is liable to prosecution.
 
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 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 deaths 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 Typhoon Signal No. 8 or above or a Red or Black Rainstorm Warning is in force.

"Employers should make prior work arrangements for staff and contingency measures. In drawing up and implementing the work arrangements, 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 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 spokesman 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."

ALSO READ: Thunderstorm warning in force in Hong Kong: What HR needs to know about electrical work safety

Photo/ Ocean park