Unions back workers penalized over Typhoon Dolphin emergency leave

Shanghai regulators and trade unions have issued a firm response after a local company heavily penalized employees for taking emergency leave during Typhoon Dolphin, emphasizing that internal corporate rules cannot override government emergency directives or worker safety protections, local news outlet Shanghai Observer reported.

The incident occurred on Aug 10, after severe storm conditions brought torrential rain, street flooding, and public transit disruptions across the city, including metro line suspensions. Facing a 90-minute subway commute, a female employee submitted a one-hour leave request via the company's portal to avoid tardiness penalties.

Although her HR manager approved the request, top management later rejected it. The company issued a disciplinary notice penalizing three staff members, accusing the employee of "falsification" and cutting 20 percent from her monthly performance pay — approximately 1,500 yuan ($210).

A second employee, who had requested a full day of leave, also had 20 percent deducted from their performance pay, while the HR manager who approved the requests lost 50 percent of theirs for failing to lead by example. The affected employee voiced discontent on social media, noting that standard tardiness fines are usually around 200 yuan.

A staff member from the Qingpu district human resources and social security bureau told the media on Aug 12 that the company's penalties were illegal and violated municipal emergency guidelines, which prohibit wage deductions or penalties for storm-related delays. The staff member also pointed to an official notice issued on Aug 9, emphasizing that while such severe weather notices are not permanent statutes, they carry legally binding administrative force during public emergencies.

The Shanghai Federation of Trade Unions said employee safety must always take precedence over attendance metrics, in a statement posted on its official WeChat account, "Shengongshe", on Aug 13. The district-level union in Qingpu said it stands ready to provide legal assistance should the affected workers seek it, though it has not yet received a formal appeal from the penalized employees.

Ma Yikun, a partner attorney, said extreme weather constitutes force majeure, making claims of dishonesty factually baseless. Under national wage regulations, wage deductions are only allowed when an employee has caused economic losses to the company, or under other specific circumstances, rendering the 20 to 50 percent pay cuts unlawful. Furthermore, labor protection provisions under China's Labor Contract Law grant employees the statutory right to refuse high-risk commutes during emergencies without facing penalties or disciplinary action.

Ma Tan in Shanghai contributed to the story.