[LABOR LAWS] RED RAIN OR BLACK RAIN IN THE OBSERVATORY MUST BE REWORKED? 5 FREQUENTLY ASKED QUESTIONS FOR WORKERS

Red rain or black rain has come out. Is it necessary to rework or leave early? With severe weather such as heavy rains and typhoons in the summer, wage earners will encounter difficulties in "going to work" from time to time, especially when the signal is sent out at an extremely embarrassing time, which makes them wonder what to do. According to the guidelines of the Labour Department, when the black rainstorm warning is in effect and typhoon signal No. 8 or above is hoisted, non-essential employees should not be required to return to work. However, what about wage earners if they have already returned to the office? You need to know your rights clearly. Here are 5 frequently asked questions about rework under severe weather. 

Written by: Daphne Wu|Photo: ENVATO 

 

Q1: The observatory has issued red rain and black rain warnings. Is it necessary to rework?

Basically, when the yellow and red rainstorm warnings are in effect, employees should return to work as usual. If the black rainstorm warning is issued before going to work, employers should not require non-essential employees to go to work; and so-called essential employees must also ensure that they work in a safe environment and notify the person in charge as soon as possible if they encounter difficulties.

 

 

Q2: If rework under the red rain or black rain warning is obstructed and late, will the employer deduct labor?

Employers must pre-determine work arrangements in inclement weather with employees. They should also consider road conditions and flexibly handle employees’ rework time and work positions. For those who are late or unable to go to work due to inclement weather, employers should not fail to pay wages for no reason. Attendance bonus, allowance or holiday deduction, etc.

 

Q3: If the observatory issues red rain and black rain warnings after rework, can employees leave early?

Regardless of the red rain or black rain warning, unless there is a danger, employees indoors should work as usual; if employees working outdoors, when encountering actual difficulties and potential risks, they should immediately notify the person in charge to make appropriate transfers or arrangements Employers are responsible for providing and maintaining a safe working environment for employees.

 

Q4: Rework under red rain and black rain, is injury counted as a work injury?

According to the Employees’ Compensation Ordinance, during the period when typhoon signal No. 8 or above and red or black rainstorm warning are in force, employees are injured in an accident and cannot work to earn wages when they are on their way to or from work. A work- related injury is 4 hours before or 4 hours after the end of working hours.

 

Q5: Should I rush back to the company immediately after Black Rain is cancelled?

Unless otherwise specified in work arrangements, employees generally need to return to work after the black rainstorm warning is cancelled. However, employers should also consider road conditions and flexibly handle arrangements for employees to return to work or work from home. Therefore, employers should formulate guidelines for bad weather as soon as possible to make employees more clear.