Who can receive the high temperature allowance? How to get it?
Our reporter Han Bingzhi
It's another summer. As temperatures continue to rise in many parts of the country, the hot weather poses many challenges for workers, especially outdoor workers. A reporter from the Economic Daily noticed that in June, some provinces issued labor protection mobilization orders one after another and began to issue high-temperature allowances.
In June 2012, the State Administration of Work Safety, the Ministry of Health, the Ministry of Human Resources and Social Security, and the All-China Federation of Trade Unions jointly issued the “Notice on the Issuance of the Measures for the Management of Sunstroke and Cooling Measures”, which stipulates that workers engaged in high-temperature operations shall enjoy Post allowance. If the employer arranges for workers to perform outdoor open-air operations in high temperature above 35°C (including 35°C) and fails to take effective measures to reduce the workplace temperature to below 33°C (not including 33°C), the high-temperature allowance shall be paid to the workers. And included in the total salary.
The reporter sorted out and found that the vast majority of provinces across the country have clearly established high temperature allowance standards. However, due to the large temperature difference between north and south in my country, there is no unified regulation on the specific method of high-temperature allowance payment in China. Generally, the documents issued by local people's social organizations and other departments shall prevail. To sum up, there are two main ways to grant high temperature allowance, one is monthly payment, and the other is daily or hourly calculation.
For example, Beijing, Shandong and other provinces and cities require high-temperature allowances to be paid on a monthly basis; Hainan, Gansu and other provinces are paid on a daily basis based on the number of days when the temperature exceeds 35°C. In addition, some provinces have not only determined the monthly payment standards, but also converted the allowances calculated on a daily basis for the employers to choose freely.
Judging from the timing of the high-temperature allowance issuance, there are differences among different regions due to the difference in climatic conditions. Many provinces use June as the time node for the start of the high-temperature allowance. This includes Beijing, Tianjin, Shandong, Guangdong, Guangxi, Shaanxi and other places. Among the months for which high-temperature allowances are stipulated, Hainan Province is granted from April to October for up to 7 months. Most provinces have determined that the duration of the high-temperature allowance is 3 months to 5 months.
The reporter learned from the local people’s social system that the Shaanxi Provincial Department of Human Resources and Social Security recently issued a notice clarifying that the employer has arranged for workers to perform outdoor open-air operations in high-temperature weather above 35℃ and cannot take effective measures to reduce the temperature in the workplace to below 33℃. The high-temperature allowance is paid to laborers at a standard rate of 25 yuan per person per day, from June 1 to September 30 each year.
Guangdong Province also released news that employers in the administrative area of Guangdong Province arrange workers to work from June to October each year; state organs, institutions, and social organizations arrange to establish labor relations with them from June to October each year. Workers who work must pay high-temperature allowances in accordance with regulations.
It is worth noting that the high-temperature allowance, as an integral part of labor remuneration, is not a "welfare" that may or may not be issued. The high-temperature allowance is borne by the laborer’s unit and is included in the total wages, not included in the minimum wage standard. At the same time, the employing unit shall not deduct or reduce the wages of workers due to the suspension of work and shortening of working hours due to high temperature weather. Some netizens report that the unit of the user replaces the high-temperature allowance with the distribution of mung bean soup, watermelon and other heatstroke and cooling foods or related medicines. This is actually a violation of the lawful rights and interests of workers in disguise, which is an illegal act of owing wages.
However, some public opinion pointed out that due to the impact of the epidemic this year, the production and operation pressure of some small and micro enterprises has become prominent, and the payment of high temperature allowances may face practical difficulties. If a high temperature allowance is required to be issued, the employer may implicitly increase the worker's outdoor working time in order to transfer costs. In this way, the high temperature allowance may instead become an "invisible killer" of the worker.
Relevant experts said that the current laws and regulations on the granting of high-temperature allowances are relatively complete, and the key is to implement them. In addition to timely adjustment of the high-temperature allowance standard and urging the payment in place, government departments must also take active measures to prevent heatstroke and cool down, so that people will be less injured under high temperatures. In addition, in protecting the rights and interests of laborers and reducing the burden on enterprises, collective consultation can be used to unblock the democratic participation channels of employees and protect the rights and interests of workers in outdoor venues.