The standard of high-temperature allowance includes: the employer arranges for workers to work in the open air in hot weather from June to August every year, and the allowance is paid at a rate of not less than 60 yuan per person per month, and if no effective measures can be taken to reduce the temperature of the indoor workplace to less than 33 degrees Celsius (excluding 33 degrees Celsius), the allowance is paid at a rate of not less than 45 yuan per person per month. Those who are able to receive the high temperature allowance must be employees in positions working under high temperatures, including construction workers, bus drivers without air-conditioning, and open-air sanitation workers. The high temperature allowance for outdoor open-air workers is not less than 60 yuan per person per month; for those who work in indoor workplaces above 33 degrees Celsius (including 33 degrees Celsius), it is not less than 45 yuan per person per month. The high-temperature allowance is not available to every worker, and it is only available to workers who work in the open air in hot weather and who are unable to take effective measures to reduce the temperature of the workplace to below 33℃. High-temperature allowance is to ensure that the hot summer season under high temperature conditions of economic construction and enterprise production and business activities in the normal course of business, to protect the safety and health of enterprise workers in the process of labor and production, decided to appropriately increase the summer cool drink fee for the staff to pay the standard.
Legal objective:Local implementation of high-temperature allowance standards 1, Shaanxi Province, Shaanxi Province, enterprises on the job workers in the summer summer heat stroke fee standard: high-temperature operation workers per person per day 2 yuan; other workers per person per day 1.2 yuan. 2, Chongqing, June 1, 2007, the "Chongqing Municipal Hot Weather Labor Protection Measures" formally came into force. According to the Measures, the daily maximum temperature reaches 35 ℃ above, 37 ℃ or less (excluding 37 ℃) for the general hot weather, the daily maximum temperature reaches 37 ℃ or more, 40 ℃ or less (excluding 40 ℃) for the moderate hot weather, the daily maximum temperature reaches 40 ℃ or more for the intensity of the hot weather. During the high temperature weather, the employer, in addition to paying wages to the workers according to the regulations, should pay high temperature allowance to the workers, of which 5 yuan to 10 yuan per person per day under moderate high temperature weather, and 10 yuan to 20 yuan per person per day under intense high temperature weather.3. Beijing Municipality has raised the standard of high temperature allowance for workers since July this year. Beijing outdoor open-air workers high-temperature allowance standards, from the original no less than 60 yuan per person per month adjusted to no less than 120 yuan per person per month; in 33 degrees Celsius (including 33 degrees Celsius) above the indoor workplace operation of the personnel high-temperature allowance standards, from the original no less than 45 yuan per person per month adjusted to no less than 90 yuan per person per month. 4, Guangdong Province, Guangdong Province, the Department of Human Resources and Social Security, Department of Health, Safety Supervision Bureau, the State Administration of Taxation, Local Taxation Bureau, the Federation of Trade Unions jointly issued the "Management Measures on the Issuance of High-temperature Allowance" (hereinafter referred to as the "Management Measures") and "on the announcement of high-temperature allowance standards of the province's notice" (hereinafter referred to as the "Notice"). The amount of high-temperature allowance payable is clearly stipulated therein: from June to October each year, the standard is 150 yuan per month for workers working in open-air positions and for those employers who cannot take effective measures to lower the temperature of the workplace to below 33°C (excluding 33°C). The method is clear, regardless of indoor and outdoor, eligible for high temperature allowance. Need to issue high-temperature allowance but the employer did not issue, by the competent departments of human resources and social security at or above the county level ordered to make corrections within a certain period of time, to give retroactive payment, overdue corrections are imposed a fine of more than 2,000 yuan 10,000 yuan. At the same time, the "Notice" on the amount of allowance issued by a clear provision, in line with the conditions of high-temperature allowance issued by the employer is required to issue 150 yuan / month of high-temperature allowance. At the same time on the irregular attendance and other circumstances need to be discounted by the number of days of high temperature allowance also made clear, 6.9 yuan per person per day. In addition, the Administrative Measures clearly stipulate that normal working hours wages and minimum wage standards do not include high temperature allowance. Employers shall not reduce the wages of workers due to the issuance of high-temperature allowance. Difficulty in implementing high-temperature benefits Shanghai, Beijing, Shenzhen and other places have issued similar regulations in the early years, but these regulations are still quite lacking in authority and operability at the specific level of implementation. First, these provisions are often issued by a local department, the lack of authority, labor protection, the main department is not clear, in the supervision, administrative law enforcement, dispute handling and other issues, easy to deal with in the various departments of the "slowness" in the stranded; Secondly, the provisions of the provisions of the ambiguity of some of the key issues, it is difficult to effectively implement, such as what is the High-temperature work? Rest wages, allowances, how? And so on; Third, the care is not strong enough, seems to be inadequate, for example, Shaanxi one day to the workers compensation of 1.2 yuan, I am afraid that is not enough to buy a bottle of Nongfushanquan. Most enterprises so far the implementation is not in place, 80% of the people difficult to get the full amount of high temperature allowance. Continuously under the heat of the summer heat, high temperature allowance is not implemented, to the relevant departments to complain, but because of the difficulty of finding a job do not dare to annoy the unit and give up the right to defend. "High-temperature allowance implementation is difficult due to the lack of legal constraints, enterprises pay more money undoubtedly increase the cost of expenditure." Hubei Province, the relevant staff of the Office of Labor and Insurance hit the nail on the head by pointing out that this is one of the main reasons why the implementation of high-temperature allowance is not in place or not implemented. Many cities across the country for the hot weather has also issued an emergency "notice" or "regulations", but "notice", "regulations After all, "can not replace the law, the implementation is not satisfactory. 2010 July 5 Beijing midday 40 ℃ high temperature, this is located in the Chaoyang District, Sun Palace area of the site workers are still under construction, the workers have said that should not receive should be issued since June of the high temperature allowance. Experts from the Ministry of Human Resources and Social Security suggested that an increase mechanism should be established with reference to price changes. The Beijing Municipal Bureau of Human Resources and Social Security said it was studying the development of a high-temperature allowance policy for 2010. Before the introduction of the new policy, Beijing implemented the high-temperature allowance standard formulated in 2007. A dozen or so workers huddled under the shade of the eaves in front of the shed, a watery end of a light yellow enameled jar. Across from them, the "Sun Public Yuan" high-rise buildings are "wearing" dark green protective nets. Asked how much a square meter of this new development, a row of sunburned bark-colored face slightly raised, brushed and shook his head, and then proceeded to pull the enamel jar of the remaining rice. Speaking of the Beijing Municipality in 2007 that the provisions of the high temperature allowance, these workers work in the open air five or six hours a day, sometimes get up at 4 o'clock workers have said that "never taken this money, nor have I heard of this provision. High-temperature labor protection issued by the significance of high-temperature weather may not only damage the body of outdoor workers, but also very easy to cause safety accidents, some statistics show that the safety accidents in July, August and September accounted for more than 30% of the year's accidents, the people's work and life poses a serious threat. When the high temperature has gone beyond a simple natural phenomenon, more and more become a complex social issues, it "baked" test is not only the public, but also test the government and public **** management crisis emergency response capabilities. It can be seen, high temperature labor protection and high temperature subsidies should be legal care and institutional safeguards, the state and local legislatures at all levels should be determined as soon as possible under certain conditions of hot weather as a natural disaster, with the law to protect the right to health of the citizens in hot weather, a clear high temperature labor protection of the competent authorities, and how to work for high-temperature conditions of the workers to give specific provisions of labor protection, for those who are engaged in the field, outdoor, high altitude, high heat and other conditions to give specific provisions for the protection of workers, and the high-temperature labor protection subsidy has also been clarified to ensure the life, health and safety of workers. High-temperature allowances shall not be included in the minimum wage. The labor security department reminds that high-temperature allowances shall be paid for work in high temperatures. High-temperature subsidies shall not be included in the minimum wage. According to the relevant regulations of the State Labor Security Department, when the temperature exceeds 35 degrees Celsius, enterprises should, based on the content signed in the labor contract, depending on the type of work and different working environments, issue high-temperature subsidies to workers. However, at present, there are individual enterprises in the payroll, although nominally issued a high temperature subsidy, but the amount of high temperature subsidies into the minimum wage, infringing on the interests of employees.