Who should the high -temperature allowance dispute?Expert suggestions unified standards

High -temperature allowance disputes, who should be proof of?

Experts suggest that workers are engaged in high -temperature operations and high -temperature allowances, and employers shall bear the responsibility for proof

Pharaoh is a driver of a courier company Beijing Branch. Last summer, the courier car he drove was in a high temperature environment due to the damage to the air conditioner. Legal channels protection.

On June 17 this year, the Beijing Third Intermediate People's Court tried that Pharaoh had not submitted the corresponding evidence that the high -temperature allowance it claimed that he had not submitted the conditions to enjoy high temperature allowances and did not support the high temperature allowances it claimed.

Kobayashi is an employee of a rubber bag product company in Shenzhen, Guangdong. Because he failed to reach an agreement with the company's renewal labor contract, he had to have the company with the company. In addition to advocating the compensation of the labor contract, he also asked the company High -temperature allowances are advocated from June 1st to August 31st, 2020.

In December last year, the Shenzhen Intermediate People's Court of Guangdong Province tried that the rubber bag product company did not submit the evidence to prove that the temperature of the small forest workplace was reduced to less than 33 ° C. High temperature allowance.

It is also a high -temperature allowance dispute. Why do some places ask workers to bear the responsibility of proof, and some places require employers to bear the responsibility for proof? Recently, a reporter from the Workers Daily conducted an interview.

Receive high -temperature allowances to meet certain conditions

Recently, in many places, the highest temperature was inspected, and the highest temperature in some places was even about 40 ° C. Whether workers who work at high temperature can successfully get high temperature allowances as one of the hot topics.

In June 2012, Article 17 of the "Administrative Measures for the Prevention and Cooling Measures" formulated by the former State Administration of Safety Supervision and the Ministry of Human Resources and Social Affairs stipulated that the employer arranged for the employer to arrange for the outdoor operating operations above 35 ° C. If effective measures reduce the temperature of the workplace below 33 ° C, high -temperature allowance shall be issued to the workers.

"From the perspective of the above management measures, it is not every worker at high temperature allowances. Only workers who engage in open -air operations under high temperature weather (maximum temperature reaches above 35 ° C), or work in indoor workplace above 33 ° C. Only to get high temperature allowances. "Zhang Zhiyou, a lawyer of Beijing Fumao Law Firm, told reporters.

However, due to the vast across my country and the extensive cross latitudes of the north and south, the heat of solar radiation in various places is different. Therefore, there are also great differences in the distribution time of high temperature allowances. For example, Beijing, Shanxi, Henan, Anhui and other places are mainly concentrated in June to August. Shanghai, Tianjin, Shaanxi, Gansu, Ningxia, Hebei, Jiangsu and other places are mainly concentrated in June to September. The distribution standards for high temperature allowances are also different. For example, some places are issued to be distributed by day, and some places are issued monthly.

Who will proof, the standards in various places are different

Although the provisions of high temperature allowances are relatively clear, the conditions that meet the conditions of high -temperature allowances cannot obtain high -temperature allowances.

"It is not uncommon for workers to not get high temperature allowances, but in judicial practice, because the amount of high temperature allowance is not large, there are not many cases of laborers' lawsuits against high -temperature allowances and corporate lawsuits alone." Zhang Zhiyou said.

The reporter also found on the Chinese referee documents on the Internet that many workers were advocating high -temperature allowances by the way while advocating illegal termination of compensation for labor contracts. However, the requirements of the courts of high temperature allowances are inconsistent with the issues of proof of high temperature allowances.

The reporter noticed that at present, Guangdong, Jiangsu and other places have been clarified. Workers are engaged in high -temperature operations and high -temperature allowance issuance, and employers shall bear the responsibility for proof.

Article 11 of the "Administrative Measures for the Distribution of High -temperature Settlement" implemented in June 2021 stipulates that the employer shall truthfully record the laborers engaged in high temperature operations and high -temperature allowance distribution, and save at least two years. Workers are engaged in high -temperature operations and the distribution of high temperature allowances, and employers shall bear the responsibility for proof.

In May 2018, the "Notice on Doing a High -temperature allowance payment related work" issued by the Jiangsu Provincial Human Resources and Social Security Department and other departments also pointed out that if the employer fails to issue high temperature allowances in accordance with regulations, the workers can report complaints to the human resources department, or or complain, or Apply for mediation, arbitration, and litigation in accordance with the law. The employer shall bear the responsibility for proof of the operation of the workers in the operation of high -temperature weather and the distribution of high temperature.

However, in many places, because there are no clear regulations, the handling of judicial organs still follows the principle of "who claims and who proofs" and requires workers with high temperature allowances to verify.

Experts point out that for outdoor workers, they only need to prove that they are engaged in open -air assignments and provide relevant weather forecast to complete the obligation of proof. For workers in indoor operations, due to the complexity of indoor temperature and large temperature differences in different areas, it is not easy to prove that the working environment temperature reaches the high temperature allowance issuance standard.

Experts suggest to uniform standards as soon as possible

In this regard, Shen Jianfeng, a professor at the School of Law of the Central University of Finance and Economics and the dean of the School of Labor Relations School of Labor Relations, said that the standards should be unified as soon as possible. Workers are engaged in high -temperature operations and high -temperature allowance issuance.

The reporter noticed that the "Supreme People's Court's Interpretation of Several Issues of Application Law on Trial of Labor Dispute Cases (1)", which was implemented from January 1, 2021 (1), stipulates that the exal of, removing, dismissal, dismissal, dismissal, removing, removing, removing, removing, removing, removing, removing, removing, removing, and removing, Labor disputes that occur from the decision of labor contracts, reducing labor remuneration, and calculating the working life of workers, and the employer shall bear the responsibility of the employer. In the eyes of many lawyers, the high temperature allowance is included in the total salary according to regulations. It is part of the labor remuneration. It does not issue high temperature allowances, which is equivalent to reducing labor remuneration. As a result, labor disputes should be provided by employers.

"If a high -temperature allowance dispute is proved by the employer, the employer can be forced to adopt relevant supporting systems and settings to improve the distribution of high temperature allowances. It happened. "Shen Jianfeng said.

The reporter noticed that there are already places for high -temperature allowance disputes and require labor dispute arbitration agencies to open the "green channel". For example, the "Notice on the Protection of Workers 'Rights and Interests of Workers' Rights During the Summer High temperature period" issued by the Zhenjiang Human Resources and Social Affairs Bureau of Jiangsu Province in August 2020 pointed out that if workers and employers are disputed on the distribution of high temperature allowances, labor at all levels at all levels Dispute arbitration agencies should start the "Green Channel", strictly follow the requirements of the employer's responsibility for proof of proof of the employees engaged in high -temperature weather operations and high -temperature allowances, and simplify and optimize the case handling process. End, effectively safeguard the legitimate rights and interests of the workers.

Some experts pointed out that avoiding high -temperature allowance disputes occur, and the Human Resources and Social Security Department should also unblock the channels for workers in high temperature weather in summer. Relying on the basic information of the grid management of labor security supervision and the information of the complaint platform cases, it has strengthened early warning and monitoring of the implementation of high -temperature weather labor protection and high -temperature allowance payment of employers. (Reporter Yang Zhaokui)

Source: Workers Daily

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