Compliance
Typhoon Leave for Remote Workers in Taiwan: Rights, Policies, and Wage Guidelines

As Typhoon Kemi approaches Taiwan, both employers and employees are keen to know, "Will there be a typhoon holiday?" Recent news has popularized the concept that "typhoon leave" isn't a true holiday, but rather a safety measure. This has led to various concerns regarding salary, work-from-home (WFH) status, and employee rights. Here, we break down essential information based on official guidelines from the Ministry of Labor, news reports, and industry FAQs.


What is Typhoon Leave?


The Ministry of Labor clarifies that typhoon leave is not a holiday but a safety measure to protect workers from dangerous natural disasters. Whether it falls on a working or rest day, it should be handled according to the Natural Disaster Response Act.


Working from Home During Typhoons


The pandemic has popularized WFH, posing unique challenges when typhoons hit. If employees have agreed to WFH, they must continue working during typhoon leave as their commute is unaffected.


Key Guidelines for Typhoon Leave


1. Worker Attendance and Safety:


  -    Employers and employees must agree in advance on attendance during natural disasters.

  -    If working conditions are unsafe due to a natural disaster, immediate safety measures must be taken.

  -    Employees unable to attend work due to typhoon-related disruptions must not be penalized with absenteeism,

       lateness, or other negative consequences.


2. Wage and Attendance Policies:


  - Employers should not withhold wages if an employee cannot attend work due to natural disaster disruptions.

  - If required to work during a disaster, employees should receive additional wages and assistance.

  - Public institutions and specific industries may have different regulations for attendance and wage payments during natural disasters.


Checking for Typhoon Day Closures


For the latest updates on work and school closures during typhoons, visit the Executive Yuan Personnel and Administration Office website. Announcements are typically made by 11 PM the night before, with updates by 5 AM if conditions change overnight.


Criteria for Suspending Work and Classes


-   General Factors: Suspension is considered if average wind speeds reach level 7 or gusts reach level 10, or if rainfall

   exceeds certain thresholds.

-   Special Circumstances: Local authorities may decide based on terrain, transportation issues, or other unique conditions.


Salary Calculation During Typhoon Leave


Disputes often arise over salary during typhoon leave. Here are the key points:

- Employers may not pay wages if work is suspended due to safety concerns.

- Employees working on typhoon days should receive their regular pay plus any applicable overtime or allowances.

- If employees are required to work but suffer injuries, employers must provide occupational accident compensation and

 public sick leave.


Refusing to Work on Typhoon Days


Employees can exercise their "right to withdraw" from dangerous work conditions under the Occupational Safety and Health Law. Employers cannot retaliate against employees who legitimately refuse to work due to immediate danger.


Summary Table: Attendance and Pay During Typhoon Days


ScenarioAttendancePay
Work at CompanyNo attendanceNo pay (most still pay)
Work at CompanyRequired attendanceRegular pay + overtime
Work from HomeRegular attendance Regular pay
Work from HomeRequired attendanceRegular pay + overtime


Conclusion


While the shift to WFH has altered the dynamics of typhoon leave, the Ministry of Labor emphasizes that employers cannot unilaterally change work modes due to typhoons. Both parties must agree to any changes in work arrangements.


For the most accurate and up-to-date information, always refer to official government announcements and guidelines. Stay safe and informed during typhoon season.