High temperature and law ③ | "While hot" once clearly
Author:Chengdu Daily Jinguan Time:2022.07.07
Yesterday, Chengdu's temperature exceeded 40 ° C, and today it is still a roasting mode. In the past two days, friends in the circle of friends are related to high temperature.
The Sichuan Provincial Department of Human Resources and Social Security said yesterday that the current Sichuan high -temperature allowance standard is 10-18 yuan per person per day. If the laborer meets the conditions of high temperature allowances and does not receive high temperature allowances, he can report to the labor supervision department of the affiliated territory or call 12333 telephone complaints.
Regarding the high temperature rights and laws related to the high temperature related to the workers, today, Xiaojin has once again joined forces into the Metropolitan Judicial Bureau "Rule of Law Chengdu 12348".
Do you want to stop work at 40 ° C? See temperature at work time
In accordance with the "Administrative Measures for the Refers to cool down cooling measures" jointly issued by the General Administration of Security, the Ministry of Health, the Ministry of Human Resources and Social Security, and the National Federation of Trade Unions in 2012, the maximum temperature of the daily maximum temperature is above 40 ° C, and the outdoor open -air operation should be stopped on the day of the day; At the above, below 40 ° C, the employer will arrange the outdoor outdoor operating time of the employee all day and the outdoor open -air operation time shall not exceed 6 hours. The continuous operation time shall not exceed the country's regulations, and the outdoor open -air operations shall not be arranged within 3 hours of the temperature of the temperature; At the time of 35 ° C and below 37 ° C, the employer shall take the round -to -round rest time to shorten the working time of the workers, and shall not arrange for outdoor open -air operations workers to work overtime.
In addition, employers shall not arrange for pregnant female employees and minors to engage in workplaces with outdoor open -air operations and temperature above 33 ° C during high temperature weather above 35 ° C.
High -temperature weather can be stopped when stopped working
In the case of high temperature stop work, will the wages of the workers be affected? In response, the "Administrative Measures for the Prevention and cooling measures of heatstroke" clearly stipulates that due to the stop working time of high temperature weather and shortening the working time, the employer shall not deduct or reduce the wages of the workers. Essence At the same time, it is also stipulated that workers should obey the employer to reasonably adjust the time of high temperature weather or adjust the work location and job position. There are two layers of meanings: one is that high -temperature weather can adjust the relevant work arrangements of the employees of the outdoor exponent operation in accordance with the law, such as temporarily adjust the outdoor open -air workers to regional operations with low indoor temperature, but must not exceed a certain reasonable limit; The second is that employers shall not deduct or reduce the wages of employees due to high temperature stops.
High -temperature allowance non -benefits are one day for one day
In accordance with the "Administrative Measures for the Prevention and Cooling Measures", employers should provide personal protective supplies that meet the requirements of high -temperature operators, as well as sufficient heatstroke cooling drinks and necessary medicines, and must not reach high temperature allowances. The distribution standards of high -temperature allowances are different. Sichuan is 10-18 yuan per person per day. The high -temperature allowance distribution method is distributed on a day on a day, that is, one day.
It is worth noting that high -temperature allowances are part of the labor remuneration (salary). Payment of high -temperature allowance is the legal obligation of employers. It is deemed to be arrears or deducted wages if it is not paid in full.
High temperature and heat stroke cause occupational diseases to be requested to be determined by work injury
Compared to white -collar workers working indoors, blue -collar workers in outdoor work are more likely to be threatened by heat stroke. The "Administrative Measures for the Prevention and cooling measures of heatstroke" clearly states that workers have caused heat stroke due to high -temperature operations or high -temperature weather operations. If they are diagnosed as occupational diseases, they enjoy work injury insurance benefits.
So, what is the process of applying for work injury for high temperature and heat stroke? If the staff should apply for occupational disease identification in a timely manner, the employer shall submit an application for work injury to the social insurance administrative department within the prescribed time limit. If the employer fails to apply for the application of work injury in accordance with regulations, the employee or its direct relatives, or the union organization of the work injury or the union organization can be directly planned to the social insurance administration directly to the area where the employer is located within one year from the date of the accident or diagnosed or appraisal of the occupational disease. The department submits an application for work injury.
High -temperature sky electric vehicle fire legal responsibility is not small
With the advent of high temperatures in summer, the number of potential safety hazards of electric vehicles has also increased ... problems in the production, sales, maintenance, use and management of electric bicycles may cause fire accidents. Small, the most serious is to be punished!
On September 4, 2017, the first floor of Jinxiu South Garden, Tianning District, Changzhou City, Jiangsu Province, caused a short circuit of electricity in electric bicycles due to the "flying wire" of Song. A "Volkswagen" brand car was damaged, and the maintenance cost was 9,500 yuan. Weng's vehicle loss was caused by Song's damage, and the insurance company recovered to Song after compensation. The court finally ruled that Song's insurance compensation for the first place was 9,500 yuan.
On October 16, 2015, a rental house in Chaoyang District, Beijing caused a fire in the battery electrical failure due to the charging of Guo Wen and Liu's husband and wife electric bicycle charging. According to the court's trial, it was found that the products involved in the case had unreasonable dangers that endangered the safety of the human body and property, and it was determined that there was a defect in electric bicycles. In the final trial, the court sentenced the manufacturers to a total of 1.23 million yuan in the losses of Guo Wen and Liu.
Is the self -burning insurance compensation for high temperature cars?
Summer is the high incidence of cars spontaneous combustion and fire. The fire department reminded that the driver should regularly maintain the vehicle, check the circuit and oil circuit regularly, check whether there are rubber aging, loosening or corrosion of oil, and leakage of oil circuit; The setting circuit to avoid bringing hidden safety hazards; in summer, pay special attention to dangerous items. The lighter, air fresh agents, perfumes, etc. are easily expanded and exploded. It is best not to put it in the car. In the summer, the vehicle is high -temperature spontaneous, and whether the insurance company will pay for it, it depends on the situation. High temperature in summer is not a meteorological disaster, so the spontaneous combustion of vehicles caused by high temperature is not within the scope of vehicle loss insurance compensation. In addition, even if the owner is insured for spontaneous combustion insurance, the insurance company will not compensate for the following situations: the vehicle spontaneously ignite the vehicle due to the wrong operation or parking of the vehicle; The modification or installation of the core components cause spontaneous combustion.
Chengdu Daily Jinguan News reporter Chen Di Editor He Qixie Editor Liu Yonghao
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