Do You Get Paid for Working on Typhoon Days? How to Calculate Overtime Pay for Typhoon Work – Full Guide to the Latest Regulations from the Ministry of Labor!

According to current regulations, typhoon leave is not a statutory holiday but a disaster prevention measure designed to protect worker safety. Whether salary is paid on typhoon days depends on whether the day is a "regular workday" or a "rest day": if it is a workday, employers must pay regular wages, though paying overtime is not mandatory; if it is a rest day, employers must legally pay overtime wages.

This article comprehensively outlines salary calculation methods for working during typhoon leave, work-from-home rules, and how workers can exercise their right to refuse hazardous work, helping employees protect their rights.

How Is Salary Calculated When Working on Typhoon Days? Two Pay Scenarios Compared

Salary calculation for working during typhoon days depends on whether the day was originally a regular workday or a rest day for the employee. According to the Ministry of Labor's "Guidelines on Attendance Management and Wage Payment for Workers During Natural Disasters," employers may not impose any adverse treatment if workers are unable to attend due to natural disasters.

Regular Workday: If the employee works, the employer must pay the regular daily wage. The Ministry recommends that employers "should" provide additional wages or transportation allowances, but this is not a legal requirement. If the employee does not attend, the employer may choose not to pay wages for that day.

Rest Day: Employers must pay overtime wages as stipulated under Article 24 of the Labor Standards Act. For the first two hours, the hourly wage must be increased by at least 1.34 times (1-1/3), and for hours three to eight, by at least 1.67 times (1-2/3).

Refer to the following comparison table for attendance and wage standards during typhoon leave:

| Original Day Type | Employee Attends (Works) | Employee Does Not Attend (Does Not Work) | |-------------------|--------------------------|------------------------------------------| | Regular Workday | Regular daily wage paid (additional allowances are company benefits) | No wage payment allowed, but cannot be marked as absence or affect full attendance bonus | | Rest Day | Overtime pay as per Labor Standards Act | No daily wage |

What Happens If You're Working from Home During Typhoon Leave?

If remote work has been previously agreed upon by both employer and employee, the employee is expected to work as usual during typhoon days and cannot unilaterally refuse to work. Since remote workers avoid the potential dangers of commuting, the protective purpose of suspending operations due to safety concerns does not apply.

Remote workers may only skip work during extreme disaster conditions. For example, if the employee's home experiences power outages or flooding that prevent work, they may request typhoon leave from the employer. In such cases, the employer cannot force the employee to use paid leave or personal leave instead.

Can You Refuse to Work on Typhoon Days If It's Dangerous?

Workers may legally exercise their "right to refuse" and decline to work if they believe working on typhoon days poses safety risks. As long as the local government in the worker's residence, workplace, or regular commute route has announced suspension of work and school, the worker may reasonably stay home.

When a worker exercises this right to refuse attendance, the employer must not treat it as absence or tardiness, nor force the employee to use personal leave or other types of leave. Additionally, employers cannot require make-up work, deduct full attendance bonuses, or impose disciplinary actions such as dismissal. Violations will result in penalties under labor laws.

Is an Injury During Typhoon Commute Considered a Work Injury?

Injuries sustained during commuting on typhoon days qualify as occupational injuries. Employers must pay workers' compensation under the Labor Standards Act and grant public injury leave during the employee's treatment and recovery period.

Can Employers Suddenly Require Remote Work on Typhoon Days?

Employers cannot unilaterally and suddenly require employees to switch to remote work. They must first obtain the employee's consent. If the employee refuses, they have the right to object and reject this sudden change.

Do Government Agencies and Specific Industries Need to Work on Typhoon Days?

Due to the nature of their operations, industries such as transportation, healthcare, police, and fire services are exempt from work suspension rules during natural disasters and must continue regular shifts to maintain essential public services.

Sources: - Natural Disaster Work and School Suspension Procedures: https://law.moj.gov.tw/LawClass/LawAll.aspx?pcode=S0110022 - Guidelines on Attendance Management and Wage Payment for Workers During Natural Disasters: https://laws.mol.gov.tw/FLAW/FLAWDAT0202.aspx?id=FL049533 - Directorate General of Personnel Administration, Executive Yuan: https://www.dgpa.gov.tw/typh/daily/nds.html