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Writer's pictureAfriHKa

Netizens Question Hong Kong Observatory’s Decision on No. 8 Gale Signal

On September 6, 2024, the Hong Kong Observatory announced its decision to downgrade the No. 8 Northeast Gale or Storm Signal at 12:40 PM, transitioning to the Strong Wind Signal No. 3, as Super Typhoon Yagi moved westward away from the city. Despite over 15 hours under the No. 8 signal and ongoing squally showers due to the typhoon's rainbands, the Observatory indicated a weakening of winds in Hong Kong, although heavy rains were expected to persist.

This decision has raised concerns among the local workforce, particularly regarding the timing of the downgrade. Many workers were just two hours away from potentially enjoying a full day off, commonly referred to as a "Typhoon Holiday." According to regulations, if the No. 8 signal is lifted before 2 PM, employees are required to return to work within two hours. This rule has historically caused confusion and anxiety among workers, who are concerned about safety and the challenges of commuting immediately after a typhoon.


Hong Kong’s labor laws provide clear guidelines for work resumption after a typhoon signal is canceled. The Labour Department’s revised “Code of Practice (CoP) in times of Typhoons and Rainstorms” states that employers and employees should negotiate reasonable work resumption plans in advance, considering safety and transportation conditions. If a workplace is deemed unsafe due to weather damage, employers are required to conduct safety inspections and necessary repairs before employees return.


The guidelines also encourage flexibility in work arrangements, promoting remote work where possible and allowing employees facing difficulties to work from home or a safer location temporarily.


Public reaction to the signal downgrade has been mixed. Some employees expressed relief at avoiding a rushed return to the office, while others lamented the lost opportunity for a full day off, especially given the adverse weather. Crowded MTR stations and congested streets following the typhoon raised concerns about public safety and the practicality of returning to work immediately.


Employers are urged to consider individual circumstances, recognizing that not all employees may be able to return promptly due to disrupted public transportation and ongoing inclement weather. The Labor Department emphasizes that employers should not hastily penalize or dismiss employees unable to resume work under such extreme conditions.


While the CoP serves as a guideline and is not legally binding, employers are expected to comply to ensure fair treatment of employees. Failure to adhere to these principles, especially concerning entitlements like annual leave or rest days due to severe weather, can result in legal consequences. Employers are reminded that employee safety should always take precedence, and decisions regarding work resumption should prioritize the well-being of staff.


網民質疑香港天文台不延長8號烈風信號的決定


2024年9月6日,香港天文台宣布將8號東北烈風或風暴信號於下午12:40降為3號強風信號,因超強颱風雅利正向西移離香港。儘管在8號信號下已持續超過15小時,並且因颱風的雨帶仍有陣雨,但天文台表示香港的風勢正在減弱,雖然大雨會持續影響該地區。


這一決定引起了本地勞動力的關注,特別是對於降級的時機。許多工人距離可能享受的全日假期(通常稱為「颱風假」)僅有兩小時。根據規定,如果在下午2點之前撤銷8號信號,員工需在兩小時內回到工作崗位。這一規則歷來造成工人困惑和焦慮,因為他們擔心安全和颱風後通勤的挑戰。


香港的勞動法規定了撤銷颱風信號後的工作恢復指引。勞工處修訂的《颱風及暴雨期間的操作守則》指出,雇主和員工應提前協商合理的工作恢復計劃,考慮安全和交通情況。如果工作場所因天氣損壞而被認為不安全,雇主有責任進行安全檢查和必要的修理,然後才能要求員工回來。


這些指引還鼓勵靈活的工作安排,推動在可行的情況下進行遠程工作,並允許面臨困難的員工在家或其他安全的地方暫時工作。


公眾對信號降級的反應不一。一些員工表示感到欣慰,避免了匆忙回到辦公室,而另一些則對失去全日假期感到惋惜,特別是在惡劣天氣的情況下。颱風過後,擠滿乘客的地鐵站和擁堵的街道引發了對公共安全和立即返工的實際性的擔憂。


雇主被敦促考慮個別情況,認識到並非所有員工都能因公共交通中斷和持續惡劣天氣而及時返回工作崗位。勞工處強調,雇主不應草率懲罰或解僱在極端條件下無法恢復工作的員工。


雖然操作守則作為指導並不具法律約束力,但預期雇主仍應遵守以確保對員工的公平對待。未能遵守這些原則,尤其是在因惡劣天氣而減少年假或休息日等權益方面,可能會導致法律後果。雇主被提醒,員工安全應始終放在首位,恢復工作決策應優先考慮員工的福祉。

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