LCQ5: Safeguarding employees' safety and interests in times of adverse weather
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Question:
There are views that the existing "Code of Practice in Times of Adverse Weather and 'Extreme Conditions'" (the Code) formulated by the Labour Department (LD) lacks a legally binding effect and contains an ambiguous definition of "designated staff", which is not conducive to safeguarding employees' safety and interests. In this connection, will the Government inform this Council:
(1) of the number of requests for assistance and complaints received by the LD over the past three years from employees who were dismissed, had their wages, good attendance bonus, allowances, annual leave, statutory holidays or rest days deducted owing to their inability to resume duty or inability to resume duty on time due to adverse weather or extreme conditions, or were asked for additional hours of work to compensate for the loss of working hours when they were unable to report for duty;
(2) whether it will provide a clear definition of designated staff under the Code, requiring employers to clearly inform these staff members of their work arrangements upon recruitment, conduct risk assessments on the working environment in times of adverse weather and extreme conditions, and provide meal and travel allowances to designated staff who are still required to report for duty; and
(3) whether it will legislate for work suspension arrangements in times of adverse weather and extreme conditions, stipulating that employees providing non-urgent services are not required to report for duty, and requiring employers not to deduct the salary or leave entitlements of employees who are absent from or late for work under such circumstances; if so, of the legislative details and timetable; if not, the reasons for that?
Reply:
President,
The Labour Department (LD) has all along called on employers to formulate work arrangements and contingency measures under adverse weather together with their employees in advance, having regard to factors such as the actual operational needs of their industries, the safety of their employees both at work and during commuting to and from the workplaces, etc. The "Code of Practice in Times of Adverse Weather and 'Extreme Conditions'" (CoP), published by the LD, has provided practical guidelines and reference examples for employers and employees on work arrangements when tropical cyclones, rainstorm warnings and "extreme conditions" are in force, including reporting for duty, early release from work, resumption of work and remote work.
The CoP reminds employers that they shall make reference to the following basic principles when formulating relevant work arrangements and contingency measures. The basic principles include fully consulting and considering employees' views, fulfilling obligations and requirements under the labour legislation, giving prime consideration to the safety of employees, keeping the number of staff required to report for duty at workplaces to the minimum, as well as taking into account employees' practical difficulties and needs, so as to handle employees' attendance matters in a considerate, sympathetic and flexible manner.
The consolidated reply to the Member's question is as follows:
With respect to arrangements for reporting for duty, employers shall specify employees who are required to report for duty at workplaces in times of adverse weather or "extreme conditions", i.e. "designated staff", in accordance with the aforesaid basic principles. The CoP has reminded employers that they shall make proper arrangements in respect of safety, transportation and meals, etc. for "designated staff" in advance.
Owing to the diverse work nature and modes of operation of job categories across various industries and hence the differences in organisations' manpower deployment, whether employees need to return to their workplaces or remain on standby and duty in other ways depends on the actual circumstances. Many emergency services and services closely related to the livelihood need to maintain operation and make flexible adjustments during adverse weather or "extreme conditions". It is operationally impracticable to adopt a "one-size-fits-all" approach in specifying which job categories and types of "designated staff" should return to their workplaces to report for duty.
Moreover, different industries and job categories have interrelated or supply chain relationships that are closely linked. It is infeasible to determine whether a service is an emergency service solely based on the general nature of an individual industry or job category. For example, the operation of hospitals or residential care homes may be severely impacted if employees of organisations providing meals to them suspend work. In addition, the impact of adverse weather or "extreme conditions" on employees commuting between their workplaces and residence varies. Legislating for work suspension arrangements under adverse weather or "extreme conditions" would pose adverse impact on maintaining the effective functioning of the society and the early resumption of normalcy, and would undermine the flexibility in work arrangements for both employers and employees. It is hence inappropriate to take the legislative approach.
If employees have to work in times of adverse weather or "extreme conditions", pursuant to the Employees' Compensation Ordinance, employers are liable to pay compensation for injuries or deaths occurred when employees are travelling by a direct route from their residence to their workplaces, or from their workplaces back to their residence after work, within a period of four hours before or after the working hours on a day when the specified adverse weather or "extreme conditions" is in force. Besides, employers shall assess the potential risks in advance and implement measures, including the provision and maintenance of safe systems of work, to reduce the risks to the minimum. Contravention of the provisions is liable to a maximum fine of $10 million and imprisonment for two years.
The Employment Ordinance also stipulates clear provisions to safeguard the rights of employees. Among them, employers are not allowed to use employees' annual leave, statutory holidays or rest days under the Ordinance to offset the time when employees are unable to work due to adverse weather or "extreme conditions". An employer who without reasonable excuse fails to comply with relevant provisions of the Ordinance is in breach of the law. If employees are unable to report for duty at workplaces or resume work on time due to adverse weather or environmental factors beyond their control, the employers should be considerate towards the employees and should not consequently deduct their wages.
While the LD currently does not keep figures on requests for assistance or complaints from employees arising from adverse weather or "extreme conditions", if there are disputes between employers and employees, or if employees encounter unreasonable treatment or infringement of their legal rights arising from adverse weather or "extreme conditions", they can seek help and lodge complaints with the LD. The Labour Relations Division of the LD will provide appropriate assistance, endeavouring to conciliate or conduct follow-up investigation.
Thank you, President.
Ends/Thursday, September 25, 2025
Issued at HKT 11:24
Issued at HKT 11:24
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