How Hong Kong employers must make advance work arrangements under ‘extreme conditions’

How Hong Kong employers must make advance work arrangements under 'extreme conditions'

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The Hong Kong Observatory will take into account issuing storm or storm sign 8 between midday and a pair of pm.

Beneath the mixed affect of Nalgae and the northeast monsoon, robust wind sign No. 3 will stay in impact earlier than midday in Hong Kong. The Hong Kong Observatory We’ll be a storm or storm sign quantity 8 between midday and a pair of p.m.

Division of Labor (LD) Male employers To make prior work preparations for workers, together with these associated to reporting of obligation, launch from work, resumption of labor, and make money working from home (if relevant). These preparations cannot solely guarantee the protection of staff and the sleek working of organizations but in addition assist in sustaining good business-management relations.

“When creating and implementing work preparations and emergency measures for durations throughout and after tropical cyclone and rainstorm warnings, employers should give main consideration to worker security and the feasibility of worker journey to and from their premises.

Employers must also have in mind as a lot as attainable the completely different conditions that particular person staff face, equivalent to their place of residence, street and site visitors situations within the neighborhood, and undertake a sympathetic and versatile strategy with due regard to their precise difficulties and desires, a spokesperson for LD stated.

“To keep away from misunderstandings, disputes and confusion, employers ought to make working preparations in session with staff and make acceptable updates or changes based mostly on the expertise of every event and the wants of each employers and staff, in addition to precise conditions.”

The working preparations shall cowl the next issues:

  • Preparations for reporting for the task;
  • Preparations for early launch from employment;
  • Preparations referring to the resumption of labor (for instance, the variety of hours throughout which staff should resume work after the warning in query has been canceled, and when security and site visitors situations allow);
  • Preparations associated to working from residence (eg working and dealing preparations throughout and after tropical cyclone and rainstorm warnings);
  • Preparations concerning working hours, wages and allowances (equivalent to calculating wages and allowances in reference to reporting work and absences); And the
  • Particular preparations for important personnel in instances of unhealthy climate.

LD Reminders Employers should additionally:

  • Make a practical and well timed evaluation of whether or not there may be any must require important personnel to report work on premises when a tropical cyclone or rainstorm warning is in impact;
  • Contemplate employees security, together with the feasibility of employees touring to and from their premises or working from residence in unhealthy climate when assessing the necessity for important employees;
  • Require important personnel solely to report on their obligation in workplaces in adversarial climate or when “excessive situations” exist after a brilliant cyclone by considering the character of the work, operational wants and urgency of service, with due regard to manpower necessities, personnel institution and the person attitudes of staff;
  • Protecting the variety of important personnel within the office as minimal as attainable;
  • Launch staff from work in phases or prepare for them to make money working from home as quickly as practicable when there may be an introductory quantity. 8 A particular announcement issued throughout working hours, indicating additional deterioration of climate situations;
  • These staff must be prioritized for departure:
    • Workers with mobility issues (for instance, pregnant or disabled staff),
    • Workers who depend on transportation companies uncovered to adversarial climate situations (for instance, ferry companies) to get to and from work, and
    • Those that work or dwell in distant areas (eg, distant islands).

“In particular instances, whether it is crucial for workers to report their obligation at workplaces underneath adversarial climate situations, employers ought to focus on with them upfront the preparations for obligation and emergency measures. If public transportation companies are suspended or restricted on the tropical cyclone warning sign no .8 (T8) or greater in impact, employers should present secure transportation companies to staff touring to and from workplaces, or grant them an extra journey allowance,” the spokesperson stated.

“As a result of hurricanes and rainstorms are pure and unavoidable occasions, for workers who can not report back to work or resume work on time resulting from adversarial climate situations, employers mustn’t withhold their wages, good attendance bonus or allowances with out causes. The explanations must be investigated and due consideration given to the distinctive circumstances in every case, and the worker involved shouldn’t be punished or dismissed swiftly.”

Employers should observe authorized obligations and necessities underneath work lawThe Occupational Safety and Health LawThe Factories and Industrial Contracts LawThe employee compensation law and the Minimum wage law. Employers must also be aware that they’ve an obligation to offer and keep a secure work atmosphere for his or her staff underneath the Occupational Security and Well being Act.

“If staff are required to work throughout instances of hurricanes and rainstorms, employers ought to be certain that dangers at work are minimized to the extent practicable,” the spokesperson stated.

Beneath the Worker Compensation Act, employers are answerable for paying compensation for dying or damage that happens when staff journey instantly from their place of residence to their place of job, or from their administrative center to their place of residence after work, 4 hours earlier than or after work. Hours per day when a pink or black rainstorm warning sign is in impact of T8 or greater, or in the course of the interval (together with any prolonged interval) throughout which “excessive situations” arising from a extreme hurricane or different pure catastrophe are widespread Exist as outlined within the “Excessive Situations” declaration.

For the primary rules, framework, reference pointers and knowledge on related laws on making work preparations, employers might discuss with “Code of Practice in Times of Hurricanes and Rainstorms” Posted by LD.


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