Question:
Few days ago, our factory experienced a power outage due to the Typhoon Yagi, and the night shift workers had to leave 3 hours early. Dear Lawyer, in this case, how should the company pay for those 3 hours of work in accordance with the law?
Answer from the Lawyer:
According to Point A, Clause 3, Article 99 of the 2019 Labor Code, in the event of a sudden power outage due to heavy rain, natural disasters, or other incidents beyond the control of the employer, workers who have to leave early due to work suspension are entitled to suspension pay. The suspension pay for these 3 hours of work will be agreed upon by both parties, but it must not be lower than the minimum wage.
Specifically, Point A, Clause 3, Article 99, Code of Labor 2019 states:
“3. In case the suspension is caused by an electricity or water supply issue that is not at the employer’s fault, or by a natural disaster, fire, major epidemic, hostility, relocation requested by a competent authority, or for economic reasons, both parties shall negotiate the salary as follows:
- a) If the suspension does not exceed 14 working days, the salary shall not fall below the statutory minimum wages;”
Therefore, in this situation, the company must negotiate with the employee regarding the suspension pay for this 3-hour period, ensuring that it is not lower than the minimum wage as prescribed by law.
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