High -temperature allowances have the law, and claim that rights are based on law!

In the past few days, with the high temperature weather in various places, words such as "high temperature early warning", "thermal irritation" and "heat stroke" have been on the hot search, and many people have suffered from related diseases due to work in high temperature environments. In practice, what welfare benefits should workers in the high -temperature environment enjoy? What conditions do workers need to obtain high -temperature allowances? What are the standards for high temperature allowances?

Recently, the People's Court of Fangshan District of Beijing, through sorting out three typical cases to conduct in -depth analysis of the identification of high temperature operations and the standards of high temperature allowances to be carried out to conduct in -depth analysis of the rights and interests of workers who correctly exercise their rights and ensure that the employer's operations under high temperature environment. Provide valid legal guidance.

High -temperature outdoor managing lawn

Proposal allowances are based on the law

Xiao Zhang is a field worker in a stadium, responsible for watering the lawn, cleaning leaves, and trimming the lawn. During the work, because the stadium did not issue salary and high -temperature allowance on time, Xiao Zhang applied for arbitration to the labor arbitration agency and requested that a stadium paid a salary and high temperature allowance of more than 10,000 yuan.

The labor arbitration agency ruling supported Xiao Zhang's application request. The court did not accept the arbitration decision and filed a lawsuit to the court, requiring it to order it to pay the salary and high temperature allowance from Xiao Zhang.

The Fangshan Court considers that Xiao Zhang's work is outdoor operation, and its post meets the conditions for issuing high temperature allowances. According to relevant laws and regulations, a stadium should pay Xiao Zhang high temperature allowance from June to August each year. In this regard, as an employer, a stadium shall prepare the salary payment record form in accordance with the salary payment cycle, and keep it for at least two years for inspection. Because a stadium has not provided evidence that the salary and high temperature allowances have been paid and high -temperature allowance within two years, a certain stadium should pay the corresponding salary and high temperature allowance to Xiao Zhang during the corresponding period. The court confirmed in accordance with the law. The court requested that the verdict requesting a small salary and high -temperature allowance on a court is not supported by the court. Based on this, the court ordered the claim to reject the court.

The judge court said that high -temperature allowances are the legal compensation and treatment of workers, not the "benefits" set by employers. According to the law, if the workers engage in high temperature operations, they can enjoy the job allowance according to law. The employer arranges workers to engage in outdoor open -air operations above 35 ° C and cannot take effective measures to reduce the temperature of the workplace to less than 33 ° C, and should issue high temperature allowances to the workers and include the total salary.

Whether or not the standard of issuance of high temperature allowance depends mainly on the working environment and conditions of the workers, that is, the temperature of outdoor open -air operations or indoor workplace at high temperature above 35 ° C cannot be taken to below 33 ° C instead of simply. Decided by the nature of the enterprise.

For workers who enjoy high -temperature allowances, if the employer has arrears and failure to pay, the workers can apply for arbitration in accordance with the law, apply to the court for a payment order, or complain to the labor supervision brigade and other relevant departments.

The judge reminded that although in this case, a small Zhang Zhang can enjoy high -temperature allowances in a stadium, but it does not mean that every type of worker who works at the court meets the conditions for receiving high temperature allowances, such as the front desk of the stadium, the front desk of the stadium, and the front desk of the stadium, and the front desk of the stadium, and the front desk of the stadium, and the front desk of the stadium, and the front desk of the stadium, the front desk of the stadium, and the front desk of the stadium. Cashier, indoor venues, electricians, workers responsible for mechanical maintenance, etc. If the job cannot be proved to meet the distribution standards, it cannot receive high temperature allowances.

More than one year of claiming rights and interests

Application has not been available

Mr. Che joined a golf course on February 16, 2015 with a job in a caddy. In February 2020, Mr. Che applied for resignation from a golf course, and he did not work in the company afterwards.

In April 2021, Mr. Che applied for arbitration to the Arbitration Commission, asking for a golf course to pay the unpaid salary, overtime salary, and high temperature allowance during the working period.

Mr. Che was dissatisfied and claimed to the court to ask for a golf course to pay the salary, overtime salary, and high temperature allowance during his working period. The Golf Stadium argued that the claim of the car of the car had exceeded the time limit of the lawsuit and asked the court to reject it in accordance with the law.

The Fangshan Court tried that after the departure from February 20, 2020 until April 23, 2021, Mr. Che never claimed the relevant labor disputes involved in his litigation request from a golf course. This is recognized. Mr. Cars advocates the salary, overtime salary, and high temperature allowance during the existence of labor relations, which has been ejected for more than one year. Mr. Che did not provide evidence to prove that there was a situation of arbitration or suspension during the period of time. Based on this, the court ordered all the claims of the dismissal.

The judge court said that the aging period of the application for arbitration for labor disputes in my country was one year. During the ejacidation of the arbitration, it was calculated from the date when the parties knew or should know that their rights were infringed. In order to ensure stable labor relationship and property relationship, to promote the right holders to exercise their rights in time, resolve disputes, and do not protect the rights of "sleepmen". If you apply for salary and high temperature allowance in time, you must claim within one year after leaving.

In addition, the judge also reminded that in the high temperature environment, in addition to advocating high -temperature allowances, the employer allows the employer to work out of the outdoor operation under strong high temperature weather, or adventure operations with no high temperature protection conditions, heatstroke prevention and cooling measures. Those who may endanger the personal safety of the workers, and the workers have the right to refuse. They can immediately terminate the labor contract with the employer in accordance with the labor contract law. They do not need to inform the employer in advance, and they may require the employer to pay economic compensation. Take effective cooling measures

Unit's high temperature allowance

Xiao Liu joined a mechanical processing plant on November 15, 2017. In April 2021, a mechanical processing plant was on the grounds that Xiao Liu had accumulated leave for more than 10 days in 2020 and did not ask for fake strips. A notice of lifting labor contract is issued.

In response, Xiao Liu asked the Arbitration Commission to apply for arbitration applications, asking a mechanical processing plant to pay arrears of wages and high temperature allowances, and paid illegal liberation of labor contract compensation. The arbitration commission ruling supported Xiao Liu's request for high temperature allowances. A mechanical plant did not accept the ruling, thinking that Xiao Liu's job was indoors, and the factory had taken effective measures to reduce the room temperature of Xiao Liu to below 33 ° C. Xiao Liu paid high temperature allowance.

The court survey found that Xiao Liu's work is an indoor work. The interior area of ​​the workshop is 4,400 square meters, the height is 9.1 meters, the workshop is open, the ventilation is good, and there are many large fans in summer. Each station is equipped with industrial electric fan. And the staff density is small. A mechanical processing plant entrusted a third -party environmental testing agency to detect the work temperature of its production workshop, and the temperature was below 33 ° C. Xiao Liu did not have any objections to the temperature test record.

According to this, the court believes that a mechanical processing plant and Xiao Liu unanimously recognized that a mechanical processing plant configured an electric fan to cool down in the room where Xiao Liu worked. Xiao Liu provided other sufficient evidence to confirm that the workplace met the conditions for paying high temperature allowances. Therefore, Xiao Liu's high -temperature allowance lacks a factual basis. Based on this, the court ruled that a mechanical processing plant did not need to pay a high temperature allowance to Xiao Liu.

After the judge court, according to who advocated the basic principles of who to verify, if the worker advocates high -temperature allowance, it shall be responsible for the condition that his working environment and conditions meet the conditions of paying high temperature allowances. The measures are responsible for proof.

The judge reminded that in high temperature weather, in addition to paying high temperature allowances, the employer should also establish and improve the protection system for the heatstroke and cooling of the workers. Labor engaged in high temperature operations and high -temperature weather operations provides heat -proof cooling drinks and essential medicines. Money replace heatstroke cooling drinks and necessary medicines, nor can it be anti -heat -preventing and cooling drinks and necessary medicines offset high temperature allowances. At the same time, the employer shall strictly abide by the time requirements of high temperature operations in accordance with the weather forecast information issued by the Meteorological Department, and shall not refuse to take high -temperature time adjustment hours during the production progress, and shall not stop working and shorten the working time due to high temperature weather. This deduction or reduces the wages of workers.

In addition, employers should also strengthen the awareness of evidence, pay attention to retention, take pictures, videos, or entrust third -party institutions to fix the temperature on the temperature in time. If the employer fails to take effective guarantee measures to issue high -temperature allowances to the workers, the corresponding certificate shall also be retained, and the nature of the amount is clearly made in the distribution details to avoid the occurrence of subsequent labor disputes.

Related regulations for labor contract law

Article 32 Anyone who refuses the managers of the employer for violations of regulations and the adventure operation will not be deemed to violate the labor contract.

The workers have the right to criticize, report and accuse the employers for the labor conditions that endanger life's safety and health.

Relevant regulations for labor dispute mediation and arbitration law

Article 6 Labor disputes occur, and the parties have the responsibility to provide evidence to their claims. Evidence related to disputes belongs to the management of the employer, and the employer shall provide it; what the employer does not provide, it shall bear adverse consequences.

Article 27 The timeliness of labor dispute application for arbitration is one year. During the arbitral limitation period, the party knows or should be calculated from the date of the infringement of its rights.

Related regulations on the management measures for heatstroke and cooling measures

Article 17 If a laborer is engaged in high temperature operations, he can enjoy the job allowance according to law.

The employer arranges workers to engage in outdoor open -air operations above 35 ° C and cannot take effective measures to reduce the temperature of the workplace to less than 33 ° C, and should issue high temperature allowances to the workers and include the total salary. High -temperature allowance standards are formulated by the provincial human resources and social security administrative department in conjunction with relevant departments, and adjusted in a timely manner according to the status of social and economic development.

Rule of law micro -review

Hu Yong

This summer, high temperatures in China appear in many places in my country, bringing tests and challenges to people's production and life, especially outdoor open -air labor operations. In order to ensure the legitimate rights and interests of workers and physical health, relevant laws and regulations and regulations in my country put forward clear requirements for labor protection measures in high temperature and heat, and stipulate the specific conditions for workers to enjoy high temperature allowances. However, we can see from this case that labor disputes caused by the distribution of high temperature allowances still occur from time to time. The reason, or the production enterprise ignores the rights of employees, does not issue high temperature allowances in accordance with regulations; or employee's awareness of rights protection is not strong, exceeding the labor arbitration period, so that the rights cannot be guaranteed.防范、减少以至杜绝因高温津贴的发放而引发的劳动纠纷，首先应当增强企业法治思维和合规意识，使其充分认识到发放高温津贴并非可有可无的职工福利，而是国家法律法规和For the mandatory requirements of rules, any employer must be strictly implemented, otherwise it should bear legal consequences.

Secondly, judicial organs, labor supervision departments and trade union organizations shall take their responsibilities, perform their duties, and strengthen supervision. Multiple measures to eliminate hidden dangers of disputes and jointly maintain the safety and physical health under the conditions of high temperatures of workers. To increase the frequency of inspection and inspection, those who force workers to take risks under high temperature conditions, refuse to pay high temperature allowances, and take reasonable measures to improve the temperature conditions, and find that they are investigated and dealt with together, and resolutely safeguard the legitimate rights and interests of workers.

At the same time, workers should further enhance their awareness of rights protection, understand the conditions for issuance of high temperature allowances and the periodic provisions of the protection of application rights, and timely safeguard their legitimate rights and interests.

(Source: Rule of Law Daily)

【Edit: Wang Yujin】

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