Saola T8 alert: Employers should make prior work arrangements for employees during typhoons and rainstorms

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The Observatory will issue the Tropical Cyclone Warning Signal Number 8 at 2:40 a.m. on 1 September 2023.

Super Typhoon Saola will be rather close to Hong Kong later tomorrow (1 September) and will pose a threat to Hong Kong. The Observatory will issue the Gale or Storm Signal No. 8 at 2:40 a.m. Local weather is expected to deteriorate significantly, with heavy squally showers and violent winds, during the day.

The Labour Department (LD) has reminded employers to make prior 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). These arrangements not only can ensure the safety of employees and smooth operation of establishments, but also are conducive to maintaining good labour-management relations.

An LD spokesperson said employers should 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. 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 situations of employees. Employers should require only absolutely essential staff to report for duty at workplaces in adverse weather or when the post-super typhoon "extreme conditions" exist and the number of essential staff at workplaces should be kept to the minimum as far as possible. 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.

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.

"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.

"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 spokesman said, in drawing up and implementing the work arrangements and contingency measures for periods during and after tropical cyclone and rainstorm warnings, employers should give consideration as much as possible to the different situations faced by individual employees, and adopt a sympathetic and flexible approach with due regard to their actual difficulties and need.

Employers should also 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.

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