Statutory terms for stopping work due to bad weather

The statutory requirement of stopping work in bad weather aims to ensure the safety and health of workers in extreme meteorological conditions.

First, the definition and judgment of bad weather

Bad weather usually refers to extreme meteorological conditions that threaten the safety and health of workers, such as typhoon, rainstorm, blizzard, lightning, strong wind and high temperature. The specific standards may vary from region to region and industry, but it is generally necessary to comprehensively consider the early warning information issued by the meteorological department, the actual situation at the scene and the nature of the work.

Second, the responsibilities and obligations of the employer

Under bad weather conditions, the employer has the obligation to pay attention to meteorological changes and know the possible impact on the workplace and workers in time. When it is foreseen that bad weather may threaten the safety of workers, the employer shall take necessary measures, such as adjusting working hours, arranging telecommuting or stopping working, to ensure the safety and health of workers.

Third, the decision and implementation of shutdown

The decision to stop work should be based on the comprehensive consideration of weather conditions and workers' safety. Once it is decided to stop work, the employer shall promptly notify the workers and properly arrange the related matters such as salary payment and work handover during the stop work. After receiving the notice of suspension of work, the laborer shall abide by the relevant regulations and shall not return to work or engage in other activities that may endanger safety without authorization.

Fourth, protect the rights and interests of workers.

During the shutdown due to bad weather, the legitimate rights and interests of workers should be fully protected. The employing unit shall pay the wages and welfare benefits of the workers on time, and shall not reduce the income level of the workers due to the suspension of work. At the same time, workers enjoy the same rights and interests as other normal working days during the shutdown period.

To sum up:

The statutory requirement of stopping work in bad weather aims to ensure the safety and health of workers in extreme meteorological conditions. Employers should pay attention to weather changes and take necessary measures in time to ensure the safety of workers. During the shutdown period, the legitimate rights and interests of workers should be fully protected, including wage payment and welfare benefits. These regulations help to safeguard the rights and interests of workers and promote the harmony and stability of labor relations.

Legal basis:

Labor law of the people's Republic of China

Article 54 provides that:

The employing unit must provide workers with labor safety and health conditions and necessary labor protection articles that meet the requirements of the state, and the workers engaged in occupational hazards shall undergo regular health examinations.

People's Republic of China (PRC) labor contract law

Article 32 provides that:

Workers who refuse to command or force the management personnel of the employer to take risks in violation of regulations shall not be regarded as violating the labor contract. Laborers have the right to criticize, report and accuse the employer of working conditions that endanger life safety and health.

Regulations of People's Republic of China (PRC) Municipality on Prevention of Meteorological Disasters

Article 23 provides that:

The people's governments at or above the county level shall, according to the starting standards of severe weather warning, meteorological disaster warning signals and meteorological disaster emergency plans, make a decision to start the corresponding level of emergency response in time, announce it to the public and report it to the people's government at the next higher level; When necessary, they can report to the local garrison and the people's governments in neighboring areas that may be endangered.