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Typhoon Nige│5:20a.m or before changing to Typhoon No. 3 to go to work within 2 hours? What the Labour Department said

2022-11-02T21:41:48.578Z


[Munig/Typhoon Signal No. 8/Work Arrangement/Resumption of Work/Labor Department Guidance/Observatory/Weather News] The No. 8 Southeast Gale or Storm Signal is now in effect, and the Observatory's forecast will be changed to 3


[Munig/Typhoon Signal No. 8/Work Arrangement/Resumption of Work/Labor Department Guidance/Observatory/Weather News] The No. 8 Southeast Gale or Storm Signal is now in effect, and the Observatory's forecast will be changed to 3 strong wind signal.

When will you have to go to work after Typhoon Signal No. 8 "falls"?

Do I have to resume work within 2 hours?

Please refer to the "Code of Practice under Typhoon and Rainstorm Warning" issued by the Labour Department for arrangements.


After Typhoon Mangkhut hit Hong Kong in 2018, the photo of a worker standing in front of a fallen tree was very shocking, becoming a representative work of Hong Kong people's love for "rework".

(file picture)

Question 1: When will I go to work after the issuance of Typhoon Signal No. 3?

According to the “Code of Practice under Typhoon and Rainstorm Warning” issued by the Labour Department,

employers and employees should negotiate

in advance on reasonable arrangements for resuming work or working from home as long as safety and traffic conditions permit after the cancellation of Signal No. 8 or the Black Rainstorm Warning Signal, including:

If employees encounter practical difficulties after the cancellation of Signal No. 8, the black rainstorm warning signal or the end of "extreme conditions", for example, roads or public transport services in individual areas cannot be restored immediately, employers should allow them to temporarily resume work or arrange to work from home .

If necessary personnel are required to work in potentially risky environments, employers must ensure that work hazards are properly controlled, provide appropriate safety measures and personal protective equipment, such as hard hats and hoods, raincoats, waterproof safety boots, etc., and Risk is minimized.

Question 2: Do you want to resume work within 2 hours after "falling waves"?

As for whether to resume work within 2 hours after the "wave falls", according to the code,

the government has announced an "extreme situation" applicable to the whole territory, suggesting that employees should stay in the original place or a safe place for 2 hours after the cancellation of Signal No. 8.

If The "extreme situation" ends before the end of working hours, and the employee should go to work or work from home in accordance with the resumption arrangement agreed with the employer.

Assuming that the employee's working hours are from 9:00 am to 6:00 pm, the Labour Department has the following three scenarios as reference examples for resumption of work:

(Labour Department "Code of Practice under Typhoon and Rainstorm Warning")

Question 3: When will I not have to go to work?

The code also recommends

flexible handling according to the situation of individual organizations and the nature of business, such as

resuming

work in batches or adjusting shift arrangements according to the location of employees’ residence; If

the end is less than 3 hours, employees are not allowed to return to work”

;

“employees who have difficulty returning to work are allowed to work from home, or have more ample time to go to work and return to work”

.

Question 4: Do I have to go to work when I work from home?

The code points out that in light of the operation mode of individual organizations and the nature of work in different positions, employers should assess in advance the feasibility of allowing employees to work from home when necessary, prescribe the scope and mode of work suitable for employees working from home, and under what circumstances to activate work from home Work arrangements, while consulting with employees and considering individual employee needs, such as pregnant or disabled employees, etc.

(file picture)

Question 5: Can the attendance bonus or allowance be deducted?

The code states that if employees are unable to return to work due to inclement weather or other uncontrollable factors, employers must understand the reasons, consider the unique circumstances of each case and be considerate of employees, and should not withhold their Wages, attendance bonuses or allowances.

The day after the Mangkhut typhoon disaster in 2018, a large number of trees fell on the tracks of the East Railway Station, almost paralyzing, and the station was crowded with people to work.

(file picture)

Question 6: Does the employer break the law by not following the code?

As the code is not legally binding, it is up to the employer to choose whether or not to follow. However, while the typhoon warning signal No. 8 or above, red or black rainstorm warning is in force, if the employee takes the direct route within 4 hours before the start of his working hours on that day If he suffers accidental injury or death on the way from his place of work to his place of work, or within 4 hours after the end of his working hours on that day, on the way from his place of work to his place of work, the employer must be liable for compensation under the Employees' Compensation Ordinance.

Nigel typhoon │ Observatory: When the No. 8 typhoon remains before 5:00 a.m. will depend on 3 major factors

"Falling wave" to resume work within 2 hours?

According to the Code of Practice of the Labour Department, the Government has announced an "extreme situation" applicable to the whole territory, recommending that employees should stay in their original place or a safe place for 2 hours after the cancellation of Signal No. 8. Details: please click here

When does "falling wave" not have to go to work?

According to the Code of Practice of the Labour Department, it is recommended to handle flexibly according to the circumstances of individual organisations and the nature of their business. For example, if the typhoon signal No. 8 is cancelled or the time after the end of the "extreme situation" is less than the end of working hours, employees are not allowed to return to work. For details: please click here

Can I deduct attendance bonuses or allowances for being late or unable to go to work?

The Code of Practice of the Labour Department states that if an employee is unable to return to work due to inclement weather or other uncontrollable factors, employers should do so. Details: please click here

Source: hk1

All news articles on 2022-11-02

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