Vicente raises storm over labor laws
Updated: 2012-07-27 06:44
By Li Likui(HK Edition)
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In the wake of typhoon Vicente, labor advocates have raised voices of protest over existing labor laws, saying it is "unreasonable" and "inhumane" for the Labour Department to require that employees return to their workplace within two hours after the No 8 storm signal has been dismissed.
The current Code of Practice in times of typhoons and rainstorms set out by the department stipulates that all employees must return to their positions within two hours after cancellation of the typhoon warning signal.
Lawmaker Gary Chan Hak-kan said people who live in the New Territories and work on Hong Kong Island or downtown, would find it extremely difficult to get to the workplace within two hours after a typhoon when even mass transit may not be recovered fully.
"Even if the MTR is operating again, people will flock to the mass transit facilities, placing a huge burden on the system instantly, not to mention that in those circumstances, it could take employees hours to just get on board a train to be on their way," said Chan.
Commuters already have complained to Chan, that it took them two hours just to board a train and more than three hours to get to the workplace.
Chan suggested the department set a more flexible arrangement. Chan said the government should break the day into two, so that if the signal was canceled during working hours in the morning, say 9 am or 10 am, employers should allow workers to return to the office when the office hours start in the afternoon. If the signal was canceled within working hours in the afternoon, employees should be allowed to take the day off, added Chan.
"Normally, even in fine weather, for workers who live that far away from the workplace, it would take them about an hour and a half at least to get to the workplace, therefore, it is very unreasonable to ask them to return within two hours in a messy situation," stressed Chan.
In the meantime, it would be very stressful for the employees to have to keep checking the signal all the time to ensure that they were in compliance with the code, added Chan.
A woman, surnamed Wong who lives in Fanling, explained that the major roads to get to MTR stations were blocked by fallen trees after Vicente. Wong was forced to take the day off unpaid, because she failed to return to her workplace within two hours.
Wu Kin-man, who owns a company that exports sample houses overseas, said if a storm signal is canceled during working hours his employees are permitted to work at home, except for essential staff, or those with urgent assignments.
A Labour Department spokeswoman said the code also allowed the employer to establish the working arrangements under the rainstorm or typhoon warning beforehand, including when or whether to return to the office after the signal. The department stressed that the employer should make more flexible arrangements and avoid docking employee's salaries in situations such as these.
Employers unlawfully docking salary may face prosecution and maximum fines of HK$100,000 and imprisonment for a year.
Liu Chor-hong contributed to the story.
stushadow@chinadailyhk.com
(HK Edition 07/27/2012 page1)