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Author Archives: hksar gov

Employers and employees should make reasonable work arrangements after tropical cyclones or rainstorms

     The Labour Department (LD) today (November 14) reminded employers to make practical and reasonable work arrangements for employees after the cancellation of tropical cyclone warnings or rainstorm warnings, with due consideration to the road and traffic conditions and other factors, and make flexible arrangements for staff to resume work or work remotely (if applicable). This will help maintain good labour-management relations, and ensure the safety of employees as well as the smooth operation of organisations.
      
     “For staff who have genuine difficulties in resuming work on time upon cancellation of a tropical cyclone or rainstorm warning, employers should be sympathetic and handle each case flexibly. For example, employers may allow employees to resume work in stages, permit employees who have difficulties in returning to workplaces to work remotely (if applicable) or allow more time for them to report for duty and resume work,” an LD spokesman said.
      
     The spokesman reminded employers to observe the statutory liabilities and requirements under the Employment Ordinance, Occupational Safety and Health Ordinance, Factories and Industrial Undertakings Ordinance, Employees’ Compensation Ordinance and Minimum Wage Ordinance.
      
     “As natural calamities cannot be avoided, for employees who are not able to report for duty or resume duty on time due to adverse weather or ‘extreme conditions’, employers should neither deduct their wages, good attendance bonus or allowances, nor reduce employees’ entitlement to annual leave, statutory holidays or rest days under the Employment Ordinance, or ask for additional hours of work from employees to compensate for the loss of working hours when they are unable to report for duty,” the spokesman said.
      
     Employers should note that they have an obligation to provide and maintain a safe working environment for their employees under the Occupational Safety and Health Ordinance. Moreover, under the Employees’ Compensation Ordinance, employers are liable to pay compensation for injuries or deaths incurred when employees are travelling by a direct route from their residence to their workplace, or from their workplace back to their residence after work, four hours before or after working hours on a day when Tropical Cyclone Warning Signal No. 8 or higher, a Red or Black Rainstorm Warning Signal or “extreme conditions” is in force.
      
     The LD has published the “Code of Practice in Times of Adverse Weather and ‘Extreme Conditions'”, which provides the major principles, reference guidelines and information on relevant legislation on making work arrangements for the reference of employers and employees. The booklet can be obtained from branch offices of the Labour Relations Division or downloaded from the department’s webpage (www.labour.gov.hk/eng/public/wcp/Rainstorm.pdf). read more

Announcement by Judiciary on arrangements during Tropical Cyclone Warning (2)

The following is issued on behalf of the Judiciary:

     As the Tropical Cyclone Warning Signal No. 8 has been cancelled, the Judiciary has announced that all hearings of the courts and tribunals will be resumed/held as scheduled this afternoon (November 14).

     Those who were due to attend court hearings this morning but were affected by the issuing of the Tropical Cyclone Warning Signal No. 8, including jurors, should do so at 2.30pm today.

     Court/tribunal registries and offices will open at 12.20pm today. Before that, court users may use the integrated Court Case Management System (iCMS) for electronic services provided by the registries of the District Court, Magistrates’ Courts and Small Claims Tribunal as usual. Any documents filed via the iCMS during the registries’ closure period will be deemed to have been received upon their reopening.

     It is anticipated that there will be a significant number of people going to the courts. In particular, for the High Court, District Court and West Kowloon Law Courts Building, given the need for security screening, court users are advised to arrive at the court buildings earlier to allow time for screening, particularly during peak hours after the lunch break. read more