Has the hot and hot "high temperature allowance" received?

The high -temperature red warning for many consecutive days has opened the "barbecue and steaming" mode of Chengdu. Under the hot sun, hard -working workers are still adhered to the post. "High -temperature allowance" is a benefit that should be enjoyed in front -line workers. Can you receive it?

Today, Xiaojin invited the judges of the Sichuan Free Trade Zone Court to learn about "high temperature allowance"!

What is high temperature allowance

High -temperature allowance is a job allowance enjoyed by workers in accordance with the law. This is a very important labor protection measure under high temperature weather operation in summer to compensate workers' extra, special labor consumption when working at high temperature weather.

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Article 17, paragraph 1 of the "Administrative Measures for the Refers to cool down cooling measures" jointly issued by the General Administration of Safety Production Supervision and Administration, the Ministry of Human Resources and Social Security, and the National Federation of Trade Unions: Paragraph 17, paragraph 1: If a worker engage in high temperature operations, enjoy the job allowance in accordance with the law according to law Essence

Two who can receive high temperature allowances?

Workers who must establish labor relations with employers can enjoy high temperature allowances with high temperature allowances with high temperature allowances.

Jobs that can receive high -temperature allowances include indoor high -temperature welders, indoor chefs, outdoor repair workers, loading and unloading workers, open -air sanitation workers, takeaway riders, courier, etc.

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Article 2 of the "Administrative Measures for the Prevention and cooling measures": These measures are applicable to enterprises, institutions, and individual economic organizations such as high -temperature operations and during high temperature weather.

Under what circumstances will be distributed with high temperature allowances?

The outdoor open -air operating temperature is higher than 35 ° C (including 35 ° C); the temperature of the indoor workplace is higher than 33 ° C (including 33 ° C).

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Article 17, paragraph 2 of the "Administrative Measures for the Prevention and Cooling Measures": The employer arranges that the workers are engaged in outdoor open -air operations above 35 ° C and cannot take effective measures to reduce the temperature of the workplace below 33 ° C. They shall toward the workers to the workers Release high temperature allowances and include 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.

Can the four anti -heat cooling drinks replace high temperature allowances?

It is not possible to use heatstroke and cooling drinks to charge high temperature allowances, nor can it be used to provide money -proof cooling drinks in a way of paying money. The employer also needs to provide heatstroke and cooling drinks while paying high -temperature allowances for workers.

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Article 11 of the "Administrative Measures for the Prevention and Cooling Measures": The employer shall provide enough heatstroke cooling drinks and necessary drugs for laborers with high temperature operations and high -temperature weather operations.

It is not allowed to provide money to replace heatstroke and cool down drinks. Summer anti -cooling drinks must not be filled with high temperature allowances.

What is the nature of the five -high temperature allowance?

The high -temperature allowance issued by the employer is included in the total salary and does not include within the scope of the minimum wage standard. However, high -temperature allowance belongs to a particularly special benefits set due to the specific situation of high temperature. It is not a labor remuneration that the employer must generally issue a generally issued by all employees. It is not universal and is not a labor remuneration in the universal sense.

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Regulations on the Composition of Total Wages ": Article 4:

The total salary consists of the following six parts:

(1) Times salary;

(2) Pixing salary;

(3) bonus;

(4) Allowance and subsidies;

(5) Work overtime and pay some salary;

(6) Wages paid under special circumstances.

How can the 6 employer not send high -temperature allowance workers to protect their rights?

If the workers have violated the working hours and high temperature allowances during high temperature weather, and high temperature allowances, they can first report to the employer's union and negotiate rights to defend their rights;

If the unit is located without a union, you can also consult and reflect the complaint window, 12333 telephone, 12345 platform and other channels through territorial labor security supervision agencies;

Finally, you can apply for labor arbitration.

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Article 20 of the "Administrative Measures for the Prevention and cooling measures": Trade union organizations supervise the high temperature operations and high -temperature weather labor protection measures of employers in accordance with the law. If illegal acts are found, the union organization has the right to propose to the employer that employers should correct them in time. If the employer refuses to make corrections, the trade union organization shall ask the relevant departments to deal with it in accordance with the law and supervise the processing results.

Article 21 of the Measures for the Management of Summer Prevention and Cooling Measures: If the employer violates occupational disease prevention and production laws and administrative regulations, and harms the health of workers, the relevant departments of the people's government at or above the county level shall order the employers to rectify or stop the employers in accordance with their respective responsibilities. Homework; if the circumstances are serious, investigate the corresponding responsibilities of the employer and the person in charge in accordance with relevant national laws and regulations; if a crime constitutes a crime, criminal responsibility shall be investigated in accordance with the law.

If the employer violates national labor security laws, administrative regulations on working hours, and salary allowances, and infringement of the rights and interests of labor security, the administrative department of human resources and social security at or above the county level shall be ordered to make corrections in accordance with the law.

Article 2 of the "Labor Dispute Mediation and Arbitration of the People's Republic of China":

The following labor disputes occurred by employers and workers in the People's Republic of China. This law is applicable:

(1) Disputes of confirmation of labor relationships;

(2) Disputes on the occurrence of labor contracts due to the establishment, performing, changing, lifting, and termination of labor contracts;

(3) Disputes of removal, dismissal, resignation, and resignation;

(4) Disputes on the occurrence of working hours, rest vacations, social insurance, welfare, training, and labor protection;

(6) Other labor disputes stipulated in laws and regulations.

What should the seven employers provide for heatstroke prevention and cooling?

1 Establish a system of preventing heatstroke and cooling, take effective measures to strengthen the protection of high temperature operations and high temperature weather operations;

2 Reasonable layout of the production site, improve the production process and operation process, and adopt good heat insulation, ventilation and cooling measures to ensure that the workplace meets the requirements of national occupational health standards;

3 Provide workers with personal protective supplies that meet the requirements;

4 For workers to conduct professional hygiene training before serving and regular professional hygiene training during the post, popularize professional health knowledge such as high temperature protection and heat stroke first aid;

5 should set up a rest place at a high -temperature working environment. There should be seats in the rest place to maintain good ventilation or equipped with heat cooling facilities such as air conditioning;

6 Formulate high temperature and heat stroke emergency plans, regular emergency rescue exercises, equipped with emergency rescue personnel and sufficient emergency medicines;

7 Reasonable arrangement of working hours, rotating operations, appropriate increase in the rest time of workers in the high -temperature working environment, reducing labor intensity, and reducing outdoor operations during high temperature hours.

8 Due to the stop working time due to high temperature weather and shortening the working time, the employer shall not deduct or reduce the wages of the workers.

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Article 8 of the "Administrative Measures for the Prevention and Cooling Measures": During the high temperature weather, the employer shall take a reasonable arrangement of working hours, rotating operations, and appropriate increase in the high temperature working environment in accordance with the characteristics of production characteristics and specific conditions. And reducing labor intensity and reducing outdoor operations during high temperature hours:

(1) The employer shall be based on the forecast temperature issued by the Meteorological Observatory of the Meteorological Department of the Municipal level at the municipal level and the adjustment time.

1. The maximum temperature of the day reaches above 40 ° C, and the outdoor open -air operation should be stopped on the day of the day;

2. When the maximum temperature of the day is above 37 ° C and below 40 ° C, the employer will arrange the outdoor outdoor operating time of the employee throughout the day. Outdoor open -air homework;

3. When the maximum temperature of the day is above 35 ° C and below 37 ° C, the employer shall take the round -to -round rest time to shorten the continuous operation time of the workers, and shall not arrange the outdoor outdoor operation workers to work overtime.

(2) Before high temperature weather comes, the employer shall conduct a healthy inspection of workers with high temperature weather operations, and to suffer from heart, lung, cerebrovascular disease, tuberculosis, central nervous system disease and other physical conditions that are not suitable for high temperature operation environment Workers should adjust their jobs. Occupational health inspection costs shall be borne by the employer.

(3) Employers shall not arrange for pregnant female employees and minors to engage in workplace operations with outdoor open -air operations and temperature above 33 ° C during high temperature weather above 35 ° C.

(4) If the working time is stopped and the working time is shortened due to high temperature weather, the employer shall not deduct or reduce the wages of the workers.

Chengdu Daily Jinguan News Wang Xiong reporter Chen Di is responsible for Editor He Qixie's internship editor Lu Yarui

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