High -temperature subsidy "discount"?Shenzhen Futian Court Judgment: Payment at full amount of 300 yuan per month

Text/Yangcheng Evening News all -media reporter Li Yigo correspondent Lei Yan

Recently, the Shenzhen Futian Court concluded a dispute over labor contracts, and judged the employer in accordance with the law to pay high -temperature allowances of workers in full, and effectively safeguard the legitimate rights and interests of the workers.

It is reported that a network company in Shenzhen is a new energy vehicle leasing company. On April 25, 2018, Xiaohu joined the company to serve as a offline operation and dimension commissioner. The two parties signed a labor contract. , Overtime salary is 1370 yuan, floating performance salary is also calculated.

In addition, the contract also stipulates that a network company in Shenzhen from June to August must issue high temperature allowances to Xiaohu in accordance with the standard of 150 yuan/month.

Because a network company in Shenzhen failed to pay the salary in July and August 2021 in full on time, on August 30, 2021, Xiao Hu submitted the "Notice of forced Labor Relations" to the company. It was lifted on August 31.

After repeatedly urged the salary, Xiao Hu applied for labor arbitration to the Shenzhen Labor and Personnel Dispute Arbitration Commission on November 23, 2021. After the Labor Arbitration Commission found out the facts, he supported some of the claims of Xiao Hu according to law.

After hearing, the Futian Court held that the two parties had confirmed the identification of the labor relationship between the two parties, the signing of the labor contract, the time of the employment of the labor contract, the time of Xiaohu, and the time of departure, and confirmed it.

Regarding the high -temperature allowance section, Xiaohu requires a high -temperature allowance from June to August from June to August of 300 yuan/month, which meets the regulations and supports it.

The reporter learned that the "Notice of the Guangdong Provincial Federation of Taxation of the Guangdong Provincial Taxation Bureau of the Guangdong Provincial Taxation Bureau of the Guangdong Provincial Department of Emergency Management of the Guangdong Provincial Department of Emergency Management of the Guangdong Provincial Department of Health and Health of the Guangdong Provincial Department of Health and Health No. 9] No. 9) stipulates that starting from June 1, 2021, the high -temperature allowance standard for Guangdong Province has been adjusted from 150 yuan per person per month to 300 yuan per person per month.

Combined with the "Wage Tables in June, July, and August 2021", the defendant has calculated the plaintiff's high temperature allowance based on 150 yuan/month, and the calculated part should be deducted. Based on this, the defendant should pay the plaintiff's high -temperature allowance of 221.74 yuan.

In summary, the Futian Court ruled according to law: The defendant Shenzhen's network company should pay the plaintiff Xiaohu from June 1, 2021 to August 1, 2021 within ten days of the judgment. After the first trial, both the employer and the workers did not appeal.

Lei Yan, a judge of the Second Division of Civil Affairs Trial (Tribe), said that in this case, the employer calculated from June to August of 2021 to the standards of the above regulations at the standard of 150 yuan/month. The calculation of the Yuan/Month Standard Calculation, ordered the high -temperature allowance of the employer to make up for the arrears, which not only effectively protects the legitimate rights and interests of the workers, but also is conducive to regulating the employment of enterprises.

Source | Yangcheng Evening News · Yangcheng School

Responsible editor | Wei Qin

School pair | Zhou Yong

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