How to calculate salary when your employees go to work on a typhoon day?

 

During typhoons in Taiwan, many people closely follow TV broadcasts or refresh webpages to see if their county or city has declared a suspension of work and classes. But what are the specific rules regarding typhoon leave?

Typhoon Leave Regulations

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Taiwan is prone to both tropical cyclones and earthquakes, and when natural disasters strike, workers may wonder if they should still report to work, and whether they are entitled to additional pay if they do.

The decision to suspend work and classes is determined by local governments, as outlined in the "Regulations Governing the Suspension of Work and Classes Due to Natural Disasters" (天然災害停止上班及上課作業辦法). However, these rules primarily apply to government agencies, public and private schools, and do not directly govern private companies.

For companies, the Ministry of Labor has issued "Guidelines on Labor Attendance and Wage Payment during Natural Disasters" (天然災害發生事業單位勞工出勤管理及工資給付要點). These guidelines stipulate the conditions under which workers may refrain from attending work, based on government announcements.

For the latest work and class status check the link below
Work and Class Status during Natural Disasters

Updated: October 30, 2024
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Three factors determine the eligibility for typhoon leave: the location of the workplace, the commuting route, and the employee's place of residence. If any of these areas declare a typhoon holiday, the employee is entitled to take leave.

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For instance, if an employee lives in Taoyuan and commutes to Taipei City, but work is suspended in New Taipei City, if the employee needs to travel through New Taipei City to reach their workplace in Taipei City, they have the right not to attend work that day. This applies if the employee’s workplace, residence, or commuting route is located in an area where the government has declared a suspension, allowing them to take a leave. 

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School closures without workplace suspensions: Parents may apply for caregiving leave from their company

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In the event of severe weather causing school closures but not workplace suspensions, if employees are unable to arrange caregiving for their children, they may apply for family caregiving leave under Article 20 of the Act of Gender Equality in Employment. (If the employee’s spouse is unemployed, this provision does not apply unless there is a valid reason.) Although the number of days for 'family caregiving leave' is counted as personal leave, according to the Act of Gender Equality in Employment, employers cannot affect employees' attendance bonuses, performance evaluations, or impose any other adverse actions. Employers are also prohibited from denying leave requests."

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How is salary calculated during typhoon days?

1. Typhoon Day as a "Workday"
   If the typhoon day is a "workday," employees who attend work will receive their regular salary, while those who do not may not be paid. Whether employers choose to be provided additional overtime pay or bonuses for employees who work on that day depends on each company's internal policies.

2. Typhoon Day as a "Rest Day"
   If the typhoon day falls on a "rest day," employers are required to pay overtime under Article 24 of the Labor Standards Act.
    

It is important to note that "typhoon days" are not considered holidays; they are safety measures intended to "avoid the risks of working due to natural disasters." Employers are not obligated to pay for typhoon days. However, if employees work as usual, they will receive their normal salary without any extra overtime pay or compensatory leave. If employees do not work, employers are not required to pay their salary for that day.

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