Labor activists yesterday criticized an announcement by the Council of Labor Affairs (CLA) that workers “should” be compensated if they can’t make it to work on a typhoon day, saying the council’s suggestion would not be enough to protect workers’ rights.
The CLA on Friday announced that on typhoon days, when local governments declare schools and government offices closed, employers “should” pay the day’s salary to workers in the private sector who stay home.
The council said that because typhoons are not the fault of employers, they should not be required by law to take responsibility for paying workers who cannot make it to work. However, the council encouraged companies to value workers’ rights and “sympathize” with them by paying them the day’s salary if they can’t make it to work, or provide extra compensation and other benefits such as transportation if they do go to work.
Youth Labor Union 95 executive member Liou You-shine (劉侑學) yesterday panned the CLA for not making paid typhoon leave a mandatory requirement.
“Administrative instructions are only suggestions. The council’s stance on the issue [of typhoon leave] is still unclear,” he said. “A worker’s life has been lost, and in exchange, workers only get a vague labor policy.”
Liou was referring to the death of a part-time worker on Sept. 29 last year. The 19-year-old was killed when an electric cable that had come loose from strong winds during a typhoon wrapped around his neck. The worker, surnamed Tung (董), was riding his scooter home from work on a typhoon day.
Youth Labor Union 95 said that when the Central Personnel Administration announces a typhoon day, workers should not be expected to show up to work, but if a worker chooses to show up, then he or she should be given double compensation.
The Labor Standards Act (勞動基本法) currently stipulates that in the event of a typhoon or other natural disaster, an employee who originally had the day off and is called in to work is entitled to double pay and time off in lieu.
However, if the employee was scheduled to be on duty and could not get to work because of poor weather conditions, the employer is not required to pay any wage because there is no “typhoon leave,” the law says.
While some private companies allow workers to take paid leave during typhoons, this is discretionary, not a right.
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