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Labour Department Urges Employers to Formalise Work Arrangements During Adverse Weather
Employers advised to prioritise safety and communicate clearly amid tropical cyclones and rainstorm warnings
The Labour Department issued guidance on June 14 reminding employers to establish clear and practical work arrangements for employees during and after tropical cyclone warnings, rainstorm warnings, and extreme conditions.
The announcement coincided with the issuance of the Strong Wind Signal No. 3 by the Hong Kong Observatory.
Employers are advised to prioritise employee safety, particularly in relation to travel conditions, and to adopt a flexible and understanding approach based on the individual circumstances of staff.
Key recommended provisions include protocols for reporting for duty, early release, resumption of work, remote work arrangements, and clarification of working hours, wages, and allowances.
Special attention is also urged for staff required to report for duty under adverse weather conditions.
The department recommends engaging in consultations with employees when developing and updating contingency plans to avoid confusion and disputes.
Employers are expected to assess whether physical attendance is essential, and where necessary, should minimise the number of staff at workplaces.
In the event a Pre-No. 8 Special Announcement is issued within two hours of a Tropical Cyclone Warning Signal No. 8, employers should release staff in stages or enable remote work.
Priority should be given to those with mobility challenges, those relying on ferry services, and those residing in remote areas to ensure safe travel before suspension of public transport.
Under rainstorm warnings, indoor staff should continue work unless safety is compromised.
Outdoor work should be suspended when hazardous, and employers must provide shelter and resume duties only when safe.
If a Black Rainstorm Warning is in effect at the end of working hours, employees should remain in safe locations until conditions improve.
For employees required to work during extreme conditions, advance agreement on duty arrangements is advised.
If transport services are unavailable during Tropical Cyclone Warning Signal No. 8 or higher, or during Black Rainstorm or extreme conditions, employers should provide safe transportation or pay additional travel allowances.
The Labour Department also highlighted compliance with the Employment Ordinance, Occupational Safety and Health Ordinance, Factories and Industrial Undertakings Ordinance, Employees' Compensation Ordinance, and Minimum Wage Ordinance.
Employers should not deduct wages, bonuses, or leave entitlements from employees unable to attend work due to weather disruptions, nor should they require additional hours to compensate for missed work.
Employers are reminded of their duty under the Occupational Safety and Health Ordinance to provide a safe work environment.
Under the Employees' Compensation Ordinance, employers are liable for injuries or fatalities that occur while employees are travelling between home and work within four hours before or after working hours during periods when Tropical Cyclone Warning Signal No. 8 or above, Red or Black Rainstorm Warning, or extreme conditions are in effect.
The department has issued a “Code of Practice in Times of Adverse Weather and ‘Extreme Conditions,’” which outlines principles, guidelines, and legal references for employers and employees.
The publication is available at Labour Relations Division offices or can be downloaded from the department’s website.
The announcement coincided with the issuance of the Strong Wind Signal No. 3 by the Hong Kong Observatory.
Employers are advised to prioritise employee safety, particularly in relation to travel conditions, and to adopt a flexible and understanding approach based on the individual circumstances of staff.
Key recommended provisions include protocols for reporting for duty, early release, resumption of work, remote work arrangements, and clarification of working hours, wages, and allowances.
Special attention is also urged for staff required to report for duty under adverse weather conditions.
The department recommends engaging in consultations with employees when developing and updating contingency plans to avoid confusion and disputes.
Employers are expected to assess whether physical attendance is essential, and where necessary, should minimise the number of staff at workplaces.
In the event a Pre-No. 8 Special Announcement is issued within two hours of a Tropical Cyclone Warning Signal No. 8, employers should release staff in stages or enable remote work.
Priority should be given to those with mobility challenges, those relying on ferry services, and those residing in remote areas to ensure safe travel before suspension of public transport.
Under rainstorm warnings, indoor staff should continue work unless safety is compromised.
Outdoor work should be suspended when hazardous, and employers must provide shelter and resume duties only when safe.
If a Black Rainstorm Warning is in effect at the end of working hours, employees should remain in safe locations until conditions improve.
For employees required to work during extreme conditions, advance agreement on duty arrangements is advised.
If transport services are unavailable during Tropical Cyclone Warning Signal No. 8 or higher, or during Black Rainstorm or extreme conditions, employers should provide safe transportation or pay additional travel allowances.
The Labour Department also highlighted compliance with the Employment Ordinance, Occupational Safety and Health Ordinance, Factories and Industrial Undertakings Ordinance, Employees' Compensation Ordinance, and Minimum Wage Ordinance.
Employers should not deduct wages, bonuses, or leave entitlements from employees unable to attend work due to weather disruptions, nor should they require additional hours to compensate for missed work.
Employers are reminded of their duty under the Occupational Safety and Health Ordinance to provide a safe work environment.
Under the Employees' Compensation Ordinance, employers are liable for injuries or fatalities that occur while employees are travelling between home and work within four hours before or after working hours during periods when Tropical Cyclone Warning Signal No. 8 or above, Red or Black Rainstorm Warning, or extreme conditions are in effect.
The department has issued a “Code of Practice in Times of Adverse Weather and ‘Extreme Conditions,’” which outlines principles, guidelines, and legal references for employers and employees.
The publication is available at Labour Relations Division offices or can be downloaded from the department’s website.
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