Did you get your high temperature allowance?

Author:Hunan Daily Time:2022.08.15

The "single cycle" of sunny hot weather has been for a long time. From the current results of the prediction and analysis of the Provincial Meteorological Observatory, the days of "hot clearing like fire" will continue.

(On August 15, the Provincial Meteorological Bureau issued high -temperature red warning. Source: Provincial Meteorological Bureau)

Although it is still "three volts", the solar term has been autumn and summer has passed. Has your high -temperature allowances got it? Whether the rights and interests of high temperature operations are guaranteed.

Who can get "high temperature subsidies"

According to the "Administrative Measures for the heatstroke and cooling measures" issued by the country in 2012, the employer arranges that workers are engaged in outdoor open -air operations at high temperatures above 35 ° C, and cannot take effective measures to reduce the temperature of the workplace below 33 ° C. The person distributed high temperature allowance.

The focus is very clear:

First, as long as the employer arranges high -temperature operations, enterprises, institutions, and individual economic organizations must distribute high -temperature allowances to workers.

Second, outdoor workers should undoubtedly enjoy high temperature allowances, and indoor workers must also enjoy high temperature allowances when the indoor temperature does not decrease below 33 ° C (excluding 33 ° C).

Third, the distribution of high temperature allowances is not based on white or night shifts. The temperature of the workplace of night shift workers has not dropped to 33 ° C (excluding 33 ° C), and high temperature allowance should also be obtained.

(The picture shows workers of Hunan Construction Investment Group Outdoor Construction. Source: Hunan Construction Investment Group)

For the special circumstances that the nature of the worker's workplace is difficult to determine, laws and regulations require that enterprises should reasonably formulate and distribute measures through the form of collective consultation.

The high temperature allowance standards across the country are not the same. Hunan stipulates that the time for employees to enjoy high temperature allowances is July, August, and September, and the distribution standards are not less than 150 yuan per person per month.

As for when the high temperature allowance is issued, according to regulations, it can be distributed in the middle of July, 8th, and 9th, or it can be distributed in advance.

Can't "get on time" to find unions

High -temperature allowance is a job allowance enjoyed by workers in accordance with the law. However, due to the deviation or affected by other factors, there are always some unsatisfactory places in practice.

Provincial Federation of Trade Unions reminds that the implementation of high temperature treatment is a clear and compulsory provision of laws and regulations. If the high temperature allowance is not available on time and the amount is available, employees can refer to the following "six cannot":

High -temperature allowances can't be sent if you don't think about it.

Regardless of whether it is called high -temperature allowance, high temperature subsidy, or high temperature subsidy, it is actually a high -temperature allowance in national laws. All enterprises and institutions that arrange workers in high temperature operations must be distributed in accordance with the specific standards formulated by local government departments.

You must not send high temperature allowances to informal employees.

High -temperature allowance issuance regulations do not distinguish between formal work and informal workers. Therefore, the unit should issue high -temperature allowances to the so -called "temporary workers".

Can not replace high temperature allowances with free cooling drinks.

The time and standards of high temperature allowances across the country are formulated and implemented in combination with the actual situation of the local area. However, all regions of distribution are the same as cash payment.

High temperature allowances cannot be deducted from working hours.

High -temperature allowances have been included in the total salary of workers as a heat -preventing and cooling cost. Therefore, reducing work hours during high temperature periods cannot be a reason for deducting wages.

Do not cancel high temperature allowances due to employees.

As long as the employees who have left the employees have paid labor during high temperature hours, they should also receive high temperature allowances with the employees.

It cannot include high temperature allowances in the minimum salary.

The "Minimum Wage Regulations" clearly states that when the workers provide normal labor, the employer should pay the wages of the workers to eliminate the special working environment such as the middle class, the night shift, the high temperature, the low temperature, the underground, the toxic and harmful allowance under the conditions, and under the conditions under the conditions, and under the conditions of the toxic and harmfulness, and under the conditions under the conditions, the allowance under the conditions under the conditions and the conditions of the toxicity and harmfulness. After equal, it shall not be lower than the local minimum wage standard. It can be seen that the minimum wage should not include high temperature allowances.

It is found that the work unit has not achieved "six cannot", and workers can apply for rights to protect their rights from the local labor supervision department and union organization.

New format employment group guarantee needs attention

The weather is hot, the workload of the takeaway brothers and the courier brother will not rise, they run around the streets and alleys, many people have not obtained high temperature allowances in the legal sense, and they have not received strict high temperature protection that is in place. Essence The Provincial Federation of Trade Unions revealed that the takeaway platform agent will issue high -temperature allowances for the signing rider, while many riders do not have it.

(The picture shows the takeaway brother to receive the heatstroke prevention and cooling supplies. Source: Meituan)

"Now, there are still blurred areas, blank areas, and weak links for the high temperature guarantee mechanism for new employment." The person in charge of the provincial chief union said that there are new situations such as outsourcing personnel in the group of new business workers, so it is necessary to establish a establishment It is more suitable for the actual guarantee measures of the new format workers, and further improve the labor rights protection system.

"In general, whether or not it signs a labor contract and the form of employment, high temperature allowance and heatstroke prevention and cooling are the rights and interests of workers."

In order to provide "cool" for all outdoor workers, including new formats, including new formats, our provincial union organizations "launched" more than 2,000 love stations in 14 cities and prefectures in the province, providing freely providing ice water and tea water for free. When the summer supplies are eliminated, the station is also prepared to understand the summer medicine, first aid box, fan, towels and other items, which can basically achieve "hot and cold, cold and warm meals, thirsty water, rain, and rain."

Source | Kancai

Reporter | Peng Yahui

Edit | Zhao Zeqin Zhang Yongqiong

School Delivery | Xia Hongwu Ziqi (intern)

Review | Liu Ying

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