Labor rights | Lawmakers agree on typhoon insurance rate for employees

Kwan Tsui Hang

Members of the Legislative Assembly (AL) First Standing Committee reached consensus with the Macau government yesterday regarding a mandatory additional typhoon insurance rate for employees. The rate would apply to people who must travel to work when typhoon signal No. 8 or higher is hoisted. Lawmakers were also united in arguing for a voluntary additional insurance rate to cover employees who go to work on foot.
The committee discussed the amendment to the Compensation Regime for Damages Arising from Workplace Accidents and Occupational Diseases yesterday. Kwan Tsui Hang, president of the committee, said in a post-meeting press conference that the government initially proposed to set the mandatory insurance rate at 0.4 percent of the amount of a worker’s employment insurance. However, the government eventually agreed to the lawmakers’ advice and lowered the rate by 0.1 percentage point.
Under the current legislation, if an employee is traveling to work when typhoon signal No. 8 or above is hoisted, they are only covered by their employment insurance if they are taking the transportation provided by their employer. The employee will not be covered by the insurance if they walk to work during typhoon No. 8 or above.
Nevertheless, the employer can choose to pay an additional 0.4 percent of the employment insurance.  In this case, the employee will be covered in any weather conditions if they travel to work by means other than the transportation provided by the employer.
If the amendment is passed, it will be mandatory for employers to pay the 0.3 percent additional charge if they require their employees to go to work in all weather conditions. Employees can also choose to travel to work by any means under typhoon signal No. 8 or above, and will still be covered by the insurance. Moreover, the amendment will extend the time limit that is assigned to employees to go back to work after typhoon signal No. 8 or above is dropped from two hours to three hours.
As for commuting under normal weather conditions, the amendment will give employers a choice to pay an extra 0.1 percent insurance fee, so that an employee will be covered when they commute to work by means not provided by their employer, including walking. However, this means that the lawmakers will also have to amend Ordinance 236/95/M.
Furthermore, some law-­makers have asked the government representatives whether an employee can refuse to go to work when typhoon signal No. 8 or above is hoisted if their employer did not buy the extended insurance package. Kwan Tsui Hang said that if there is a special and urgent situation when it is necessary for the workers to go back to work, then the workers cannot refuse. Nevertheless, the employer, instead of the insurance company, will be the party that is liable for any damages arising.
The president said that lawmakers from both the business and labor sectors are united in supporting such an amendment that will see greater insurance coverage for workers. She also suggested that it is very important for the government to promote this amendment to businesses so that employers will understand the changes.