Do Workers Get Paid During Typhoon Shutdowns? Can Refusing Forced Attendance Count as Absenteeism? Labor Law Explained
The government has announced a typhoon-related shutdown. Will I be marked absent if I do not report to work?
No, it does not count as absenteeism, and the employer may not discipline or dismiss the employee on that basis.
Under the flood-control, drought-control, and typhoon-control regulations and meteorological disaster prevention rules implemented by Guangdong, Fujian, Zhejiang, Shanghai, Hainan, and other coastal provinces and cities, when the meteorological authority issues a red typhoon warning signal—or, in some cities such as Shenzhen and Zhuhai, when an orange typhoon warning is issued or the government orders the citywide suspension of work, classes, business operations, markets, and public transport under its “five suspensions” policy—employers must halt work, except for special positions directly required to keep cities running, such as emergency rescue, medical services, electricity supply, and water supply. Employees who do not report to work in compliance with an extreme-weather shutdown order are acting due to force majeure and a lawful emergency avoidance decision made by the government, so their absence does not constitute absenteeism or a violation of workplace discipline.
During a typhoon shutdown, can the company deduct my pay or treat it as personal leave?
| Situation | Principles for wage payment and attendance |
|---|---|
| During a legally mandated government shutdown | Where a shutdown is caused by reasons beyond the employee’s control, the employer may not deduct wages as if it were personal leave, nor may the employer force employees to offset the time against their paid annual leave. Within a wage-payment cycle, wages must be paid at the normal rate or at the shutdown allowance standard prescribed by the local government. |
| When remote work is feasible | If the company arranges for the employee to work from home and the employee performs the work normally, it must pay the employee’s full normal wages. |
| Emergency and essential-service positions requiring attendance | The employer must provide safe transportation and protective equipment. If work is arranged on a statutory holiday or involves overtime, overtime pay must be provided in accordance with the law at 150%–300% of the normal wage. |
If I am forced to commute during a typhoon and sustain injuries on the way, will they be covered as a work-related injury?
- Traffic accidents: Workers injured during their commute by a traffic accident in which they were not primarily responsible—or by an incident involving urban rail transit, a passenger ferry, or a train—are legally recognized as having sustained a work-related injury.
- Non-traffic accidents, such as being struck by a branch or advertising sign blown down by strong winds: If the employee was instructed to go out on official business despite a government shutdown order, the injury may be recognized as a work-related injury because it occurred while the employee was away from work for work-related reasons and was caused by work. If an ordinary commuter is struck by falling objects, the determination of work-related injury may be disputed, but the injured person may seek compensation for civil tort from the owner or manager of the building or structure from which the object fell. Therefore, staying indoors during a typhoon warning or shutdown is the most important means of protecting yourself.