Typhoon Work Suspension：Wages \x26amp; Make-up Work Rules
When Guangdong implemented the "Five Stops" measure and suspended work for a day due to typhoon on September 24 this year, many of our readers reached out with questions: Can employers stop paying wages during this work suspension? Or can this day be treated as compensatory time-off? Let's address these concerns with clear legal perspectives.
The work suspension implemented on September 24 this year due to typhoon is essentially a work stoppage caused by government-mandated risk prevention measures, not by employees. It is fundamentally different from regular leave or compensatory time-off.
Legally defined, it does not fall under the statutory leave specified in the Regulations on Paid Annual Leave for Employees, nor is it the same as compensatory time-off arranged by employers—compensatory time-off only applies to overtime work on rest days (Article 44 of the Labor Law).
Typhoon-induced work suspension is a production disruption caused by force majeure. Employees are not required to offset it with their leave, and employers have no right to directly treat it as compensatory time-off.
Specifically, companies shall:
The practices of "stopping work means stopping wage payment" or "only paying basic wages" are illegal. Article 39 of the Guangdong Provincial Regulations on Wage Payment clearly stipulates: "If the employer's work suspension or production halt is not caused by employees and lasts no more than one wage payment cycle (maximum 30 days), the employer shall pay wages according to the normal working hours." Article 12 of the Interim Provisions on Wage Payment issued by the former Ministry of Labor also has consistent requirements: Even if employees do not actually provide labor, as long as the work suspension does not exceed one month, the employer shall pay full wages in accordance with the standard agreed in the labor contract.
2. Mandatory make-up work is illegal
In the case of government-mandated work suspension, employers shall not unilaterally require make-up work. The 12333 hotline of Guangdong Provincial Department of Human Resources and Social Security clearly explains that for work suspension caused by administrative mandatory measures, enterprises have no right to force employees to make up the working hours on weekends.
The Guangzhou Federation of Trade Unions also explained on its WeChat official account: "According to the Labor Law and theGuangdong Provincial Regulations on Wage Payment, overtime work on rest days can be compensated with time-off or overtime pay. However, typhoon-induced work suspension is a work stoppage not caused by employees, so wages shall be paid according to normal working hours instead of being treated as compensatory time-off."
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