Working in Typhoons / Black Rain? Hong Kong Employers' Legal Responsibilities & Policy Template for Severe Weather Work Arrangements (A Must-Read Before Typhoon Season)

Typhoon Season Approaches, Is Your Company Ready?

Every typhoon and rainstorm season, employers and employees in Hong Kong face a common dilemma: "Should we go to work during severe weather?" This seemingly simple question involves complex legal responsibilities, employee safety protection, and business continuity. Incorrect handling can not only violate the Employment Ordinance or the Occupational Safety and Health Ordinance but also lead to labor disputes and even damage corporate reputation.

This article aims to provide Hong Kong employers with a comprehensive guide to "Severe Weather Work Arrangements." We will delve into the legal status of the Labour Department's "Code of Practice in times of Typhoons and Rainstorms and "Extreme Conditions"", employers' legal responsibilities under different severe weather conditions, and provide a practical policy template to help you prepare thoroughly before typhoon season, ensuring compliant operations while safeguarding employee safety.

1. Labour Department's "Code of Practice in times of Typhoons and Rainstorms and "Extreme Conditions": Legal Status and Importance

While the Labour Department's Code of Practice itself is not law, it serves as a crucial reference for courts in handling related labor disputes. Employers who fail to comply with the Code may be deemed to have breached their responsibilities under the Employment Ordinance or the Occupational Safety and Health Ordinance.

Legal Status of the Code

Many employers mistakenly believe that the Code is merely a recommendation with no mandatory force. However, this is a dangerous misconception. Although the Code itself is not a legal provision, it represents the government's official guidance on employers' responsibilities during severe weather. In cases heard by the Labour Tribunal or courts, an employer's compliance with the Code will be a key factor in determining whether they have exercised reasonable care.

Introduction of "Extreme Conditions"

Since 2019, the government has introduced the concept of "Extreme Conditions" to address special circumstances, such as widespread damage and traffic paralysis caused by super typhoons (e.g., Mangkhut) [2]. During "Extreme Conditions," work arrangements should refer to those under Tropical Cyclone Warning Signal No. 8 or higher, meaning that, except for essential personnel, all other employees should remain in a safe place.

2. Employers' Legal Responsibilities During Severe Weather: Ensuring Safety and Wages

Employers have a legal responsibility to provide a safe working environment during severe weather. Wages or benefits should not be deducted for employees' inability to attend work or arrive on time due to severe weather, and injuries sustained during commuting under specific conditions may be considered work injuries.

Occupational Safety and Health Responsibilities

Under the Occupational Safety and Health Ordinance, employers have a legal responsibility to ensure, so far as is reasonably practicable, the safety and health of their employees at work.

This includes:

•Risk Assessment: Assessing the risks employees may face when commuting to and from work and during work under severe weather conditions.

•Safety Measures: Taking appropriate measures, such as providing a safe working environment, arranging transportation, or allowing telecommuting.

•Avoiding Coercion: Essential personnel should not be forced to work in dangerous weather.

Handling of Wages and Benefits

The Employment Ordinance does not explicitly require employers to pay wages for employees' absence during severe weather. However, the Code explicitly states that employers should not deduct wages, attendance allowances, or other allowances for employees' inability to attend work or arrive on time due to severe weather. This recommendation aims to encourage employers to be considerate of employees and avoid forcing them to risk commuting due to traffic difficulties.

Common Misconceptions:

Incorrect Practice	Legal Risk	Recommended Handling
Wage deduction	Violates the spirit of the Code, may lead to labor disputes.	No wage deduction, or arrange compensatory leave.
Attendance allowance deduction	Violates the spirit of the Code.	No deduction.
Forcing annual leave/rest days	Violates relevant provisions of the Employment Ordinance.	Should be borne by the employer, or arrange compensatory leave.

Work Injury Compensation: Protection Under Special Circumstances

According to Section 5(4)(f) of the Employees' Compensation Ordinance, an employee who sustains an injury by accident arising out of and in the course of employment while traveling to or from work by a direct route within 4 hours before the commencement or after the cessation of work during the period when a Tropical Cyclone Warning Signal No. 8 or above, a Red or Black Rainstorm Warning Signal, or "Extreme Conditions" is in force, may be deemed to have sustained a work injury, and the employer is liable for compensation:

•Tropical Cyclone Warning Signal No. 8 or above

•Red or Black Rainstorm Warning Signal

•During the period when "Extreme Conditions" is in force

Case Analysis: Even if an employee is injured while commuting to work by public transport during a typhoon, as long as the above conditions are met, the employer is still liable for work injury compensation. This highlights the importance for employers to try to prevent employees from risking commuting during severe weather.

3. Severe Weather Work Arrangement Policy Template: A Must-Have for Employers

A clear and comprehensive severe weather work arrangement policy effectively protects the rights of both employers and employees and ensures smooth company operations during special circumstances. The policy should cover essential personnel, resumption of work

4. Conclusion: Proactive Planning, Harmonious Labor Relations

Severe weather is an unavoidable natural phenomenon in Hong Kong. A clear, compliant, and humane "Severe Weather Work Arrangement" policy not only helps employers fulfill their legal responsibilities and avoid unnecessary legal risks but also demonstrates the company's care for employees, boosting morale and a sense of belonging. Before typhoon season arrives, reviewing and updating your company policy immediately is a top priority for every astute employer. arrangements, wage handling, and transportation allowances

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Disclaimer:

The content of this article is for informational purposes only and is intended to provide general legal information and HR management advice. It does not constitute professional legal advice in any form. Hong Kong's laws and regulations may change at any time, and each case has its unique circumstances. Readers should consult a professional lawyer or the Labour Department before making any business or legal decisions. Get More Resources Limited is not responsible for any loss or impact arising from the use of the information in this article.