Typhoon Code Needs Update On Work From Home: Expert

A labour law expert has called on the Labour Department to update its codes for weather disruptions as they do not address work from home arrangements during such times and could give rise to employment-related disputes.

Severe weather alerts like the black rainstorm warning or typhoon signal No 8 have traditionally been regarded as an official cue for people to stay home to ensure safety.

The Labour Department's Code of Practice stipulates that apart from essential staff who already have an agreement with their employers to be on duty during "extreme weather conditions", others should stay in the place that they're currently in, or in safe locations.

However, the code is not legally binding and does not mention work from home arrangements in the case of adverse weather.

And with work-from-home becoming increasingly common since the Covid-19 pandemic, some staff have found themselves at odds with their employers when they’re being asked to continue working from home during extreme weather.

Rick Glofcheski, an adjunct professor from the University of Hong Kong's law faculty and an expert in labour law, said this is a problem that the government needs to tackle as soon as possible by revising current guidelines.

“A number of issues have to be addressed… the question of, let’s say, workplace safety, a proper system of work at home, reimbursement for equipment used by workers, these should all be part of a package so that workers who choose to or are required to work at home would be fully looked after in the usual way, and that employers will be fulfilling their obligations”, he said.

However, Glofcheski told RTHK's Priscilla Ng that it is not a good idea to introduce legislation for this because it would be a lengthy and extremely complicated process.

It is best for employers to iron out the most appropriate arrangements with their employees, he said.