National laws and regulations stipulate that coal mine labor insurance must be provided by coal miners, and there are also clear requirements for class Chinese food. According to the law, it's not the mine's casual reduction or exemption. Otherwise, it is illegal.
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Notice of the Ministry of Labor and Social Security No.24 [2006] on Adjusting the Allowance for Hard Jobs in Coal Mines
All provinces, autonomous regions and municipalities directly under the central government labor and social security department (bureau), development and Reform Commission, finance department (bureau):
In order to implement the spirit of "Several Opinions of the State Council on Promoting the Healthy Development of Coal Industry" (Guo Fa [2005]18), improve the wage income of coal miners, stabilize the ranks of coal miners, and promote the sustained, stable and healthy development of coal industry, the relevant work notice on adjusting the post allowance of underground coal miners is as follows:
First, the scope of implementation of coal mine hardship allowance
Underground hardship allowance is applicable to underground workers of various coal enterprises, excluding open-pit coal miners. The specific distribution scope is: underground miners, auxiliary workers, security personnel, and grassroots cadres, technicians and managers who work underground and are compiled by underground mining auxiliary teams.
Two, the types and standards of coal mine hardship allowance
Underground hardship allowance includes: underground allowance, lunch allowance in class and night shift allowance.
(1) downhole allowance
1, underground excavator: 15-30 yuan/engineer;
2. Underground auxiliary worker: 10-20 yuan/worker.
3, security personnel, grassroots cadres, technicians and managers of underground allowance standards according to the underground auxiliary workers standards.
(2) Class lunch allowance: 6- 10 yuan/worker.
Subsidies for Chinese food are concentrated by enterprises for the meals of employees working underground, and may not be used for other purposes or directly distributed to employees.
(3) Night shift allowance
1, before night shift: 6- 10 yuan/work;
2. Night shift: 8- 12 yuan/work.
Three, adjust the source of funds for coal mine hardship allowance.
The funds needed to adjust the underground hardship allowance can be charged in the enterprise cost. For enterprises that implement the link between total wages and economic benefits, the wages increased by adjusting the allowance standard should be listed separately outside the linked wage base.
Four, the implementation of coal mine hardship allowance
All kinds of coal enterprises should conscientiously implement the relevant provisions of the state on underground hardship allowance, and earnestly implement the relevant treatment of underground personnel. The underground hardship allowance issued by enterprises shall not be lower than the standards determined by all localities. Enterprises that implement the piecework system for the wage content of tons of coal, combined with the attendance of employees, should pay underground hardship allowance in addition to the wage of tons of coal. Enterprises should take various measures to improve the income level of underground workers, and the wage distribution is inclined to front-line workers, forming a reasonable wage distribution relationship between underground workers and ground personnel.
All kinds of coal enterprises should actively improve working conditions and working environment while improving the allowance for underground hard jobs, and effectively protect the health of employees.
Verb (abbreviation of verb) related job requirements
All provinces, autonomous regions and municipalities directly under the Central Government should, within the above-mentioned standard interval, comprehensively consider the underground labor intensity, working hours, coal seam occurrence conditions, natural disasters such as water, fire and gas, and working environment such as dust, temperature, humidity and noise, and reasonably determine the specific standards of underground hardship allowance for local coal mines. Within two months, put forward specific opinions on the adjustment of the local coal mine hardship allowance standard, and report them to the Ministry of Labor and Social Security, the Development and Reform Commission and the Ministry of Finance for the record.
Ministry of Labor and Social Security (China)
National Development and Reform Commission (NDRC)
Ministry of Finance and Administration
July 2006 12
2. "Safety Production Law" Article 37 Production and business operation entities must provide employees with labor protection articles that meet national standards or industry standards, and supervise and educate employees to wear and use them in accordance with the rules of use.
3. Rules for Selection of Labor Protection Articles (GB 1 165)
Coal mining enterprises shall arrange special funds to equip workers with labor protection articles in accordance with the Rules for Selection of Labor Protection Articles (GB 1 165) and the Labor Protection Articles Equipment Standard promulgated by the state and relevant regulations; Coal mining enterprises shall not replace the labor protection articles that should be equipped according to the regulations with money or other articles.
The labor protection articles provided by coal mining enterprises for employees must meet the national standards or industry standards, and shall not exceed the service life; Supervise and educate employees to wear and use labor protection articles correctly; Employees must wear and use labor protection articles correctly in accordance with safety production rules and regulations and labor protection articles use rules. Those who fail to wear and use labor protection articles according to regulations shall not be allowed to work at their posts.
Coal mining enterprises shall establish and improve the management system of labor protection articles procurement, acceptance, storage, distribution, use and scrapping; Do not buy and use special labor protection articles (LA) without safety signs; The purchased special labor protection articles must be inspected and accepted by the safety production technical department or management personnel of the unit.
Coal mine safety supervision institutions shall investigate and deal with coal mining enterprises that have one of the following acts according to law:
(1) Failing to distribute labor protection articles;
(2) Failing to distribute labor protection articles in accordance with relevant regulations or standards;
(3) distributing special labor protection articles without safety signs;
(4) distributing unqualified labor protection articles;
(5) distributing labor protection articles that have exceeded the service life;
(six) the management of labor protection articles is chaotic, causing accidents and occupational hazards to employees;
(seven) other acts in violation of the relevant laws, regulations, rules and standards of labor protection articles management.