What if the boss refuses to stop work? Refusing to work on typhoon days to deduct money? Interpretation is here, red warning is here, staff | typhoon | boss

Typhoon Tali has attracted attention!

According to the monitoring of the Central Meteorological Observatory

The center of Typhoon Tali, the fourth typhoon of this year

It was delivered around 22:20 on the 17th

Landing along the coast of Nansan Island in Zhanjiang City, Guangdong Province

At the time of landing, the maximum wind speed near the center was 13 levels,

Becoming the first typhoon to make landfall in China this year

After the landing of "Taili" in the early morning of the 18th

Moving into the Beibu Gulf

It is possible to experience a severe tropical storm on the morning of the 18th

Or typhoon level makes landfall again along the coast of Guangxi

Weakened and dissipated in northern Vietnam on the 19th

Affected by typhoons

Announced in multiple places

Ready to suspend work and classes

Meanwhile

#Employees who meet the conditions during typhoon days may refuse to work#

Rush to the hot search!

It is reported that Article 20 of the Guangdong Province Meteorological Disaster Prevention Regulations stipulates that during the effective period of typhoon yellow, orange, and red warning signals, except for the staff who must be on duty, the employer shall arrange for staff to postpone work, leave work early, or stop work according to the work location, nature of work, disaster prevention and avoidance needs, and provide necessary safety measures for on duty staff and staff who are stranded in the unit due to weather reasons.

If the Three Defense Command requires the implementation of "four stops" throughout the city during the emergency response period, the employer has an obligation to comply with the regulations.

If the employer still forcibly requires employees to attend work normally, employees can refuse, and this behavior does not constitute absenteeism.

If the employer punishes an employee on the grounds of absenteeism, the punishment shall be invalid; If the employer resigns on the grounds of employee absenteeism, it is a typical illegal dismissal and compensation must be paid.

However, the Regulations also specify that those who need to attend work in order to safeguard national and public interests, such as traffic police officers, traffic rescue personnel, field rescue personnel, etc., should go to work to fulfill their duties. If personnel in the above-mentioned special work positions are not allowed to attend work due to typhoons, the employer may treat them as absent from work.

"Comrade journalist, thank you for your hard work."

Is it illegal to arrange work during typhoon days?

Will refusing to work deduct money?

Regarding this, the People's Procuratorate of Luohu District, Shenzhen City

Interpret

The red warning is coming, what if the boss refuses to stop work?

Article 40 of the Regulations of Guangdong Province on Flood, Drought and Wind Control stipulates that in areas seriously threatened by typhoon, rainstorm and flood disasters, the people's governments at or above the county level or their flood, drought and wind control headquarters shall, according to the degree of impact and the emergency plan, announce the adoption of one or more necessary measures such as suspension of classes, work stoppage, production suspension, operation suspension and business suspension. Except for units and individuals responsible for disaster relief and ensuring basic social operations, other units and individuals shall implement the above measures.

Article 67 stipulates that if the work is not stopped in accordance with regulations and constitutes a violation of public security management, the public security organs shall impose penalties in accordance with the Public Security Management Punishment Law.

Is it necessary to deduct money for being late on a typhoon day?

Rainstorm and typhoon are not equal to force majeure in law. There is no provision for exemption, and money may still be deducted if you are late.

However, if an employee misses work due to a red warning of meteorological disasters, the employer shall not be allowed to be late or absent, shall not deduct wages and benefits, shall not compensate for statutory holidays or rest days, and shall not impose disciplinary action or terminate labor relations on the employee who misses work as a result.

Do injuries or deaths on the way to work count as work-related injuries?

According to Article 14, Item 6 of the Work Injury Insurance Regulations, there is only one situation that is recognized as a work injury during commuting, that is, "being injured in a traffic accident or urban rail transit, passenger ferry, or train accident that is not my main responsibility during commuting." This regulation mainly considers the degree of injury caused by traffic accidents and is a special provision made to protect vulnerable groups.

For those who suffer injuries or fatalities due to typhoons, falls, etc. while commuting to and from work, they cannot be recognized as work-related injuries and can only be treated as accidents because they are not fulfilling their job responsibilities and have no legal basis.

Is salary deducted due to typhoon holiday?

Article 39 of the Guangdong Provincial Regulations on Wage Payment stipulates that "if the employer stops work or production due to reasons not attributable to the worker and does not exceed one salary payment cycle, the employer shall pay wages during normal working hours." It is evident that the duration of work stoppage caused by a typhoon complies with this provision, and the enterprise shall pay the worker the daily wages in accordance with the law.

On the day of work stoppage, enterprises can take compensatory leave, but cannot take compensatory leave. In the case of rest, as long as the work week does not exceed 40 hours, it is legal.