Have you noticed that bad weather is becoming more frequent? Every time a red or black rain warning is issued, the biggest concerns for workers are: "Do I have to go to work?", "Will I lose pay for being late?", and "Can I leave early?". To avoid confusion, let’s clarify how labor laws protect your rights!
Yellow / Red Rain Warning
- Basic Principle: All employees should report to work as usual.
- Special Circumstances: If you cannot make it to work or are late due to severe weather (e.g., serious flooding, landslides, public transport disruptions), you should notify your supervisor as soon as possible. The Labour Department encourages employers to be understanding and flexible.
- Outdoor Work: Supervisors should promptly suspend outdoor work and arrange for employees to take shelter in a safe location until the weather permits.
Black Rain Warning
1. Before Work Starts with Black Rain
- No Work Required!** Employers should not require general employees to return to the office.
- Essential Personnel:** If you are pre-designated as "essential personnel," you must report to work safely as arranged. If transport services are affected, employers should prioritize employee safety and not require immediate attendance.
2. During Work Hours with Black Rain
- Stay Indoors!** Unless there is danger at the workplace, employees working indoors should continue as usual.
- Safety First:** Staying at the office is safer than risking a return home due to severe outdoor conditions. Employers should not require employees to leave work.
- Outdoor Work:** All outdoor work should be immediately halted, and employees should seek shelter in a safe place.
3. Cancellation of Black Rain Warning
- 3-Hour Rule": If the black rain warning is lifted with 3 hours or more until your shift ends, you should return to work within 2 hours, considering transport and safety conditions.
- Less than 3 Hours:** If there are less than 3 hours until the end of your shift, employers should allow employees to skip returning.
- Flexible Handling:** The Labour Department reminds employers to consider road and transport conditions and act flexibly.
4. Black Rain Still in Effect at End of Shift
- Employees should remain in a safe place until the heavy rain passes. Employers should provide suitable areas at the workplace for those needing to take shelter.
Core Rights for Workers to Know!
Pay & Leave Protection
- No Pay Deductions:** Employers should not deduct wages, attendance bonuses, or allowances for lateness, absence, or early departure due to bad weather.
- No Leave Deductions:** Employers cannot require you to use annual leave, public holidays, or rest days to make up for lost work time due to bad weather.
Injury Protection on Commute (4 Hours Before and After)
Under the Employees' Compensation Ordinance, if you suffer an accident while commuting directly between home and work within 4 hours before or after work during black rain, red rain, or typhoon signal No. 8 or higher, it will be considered a work injury, and the employer must take responsibility for compensation.
New "Extreme Situation" Notification
When severe typhoons cause significant public transport disruption or widespread flooding, the government will issue an "extreme situation" announcement. During this time, work arrangements are similar to those under typhoon signal No. 8 or black rain warning—employees should stay safe and not go to work unless they are essential personnel.
Friendly Reminder:
To avoid disputes, it's best to establish clear work arrangements with your company in advance according to the Labour Department's guidelines on working during severe weather and "extreme situations." Remember, personal safety is always the top priority!
