@laborer in high temperature
These rights support the "green shade" for you. High temperature weather factors should be factored into the algorithm of new employment forms such as couriers and food delivery workers, and the labor intensity during high temperature periods should be appropriately reduced
Since mid-June, my country has ushered in the largest and most intense high-temperature weather this year.
The protection of workers' rights and interests under high temperature faces a severe "baking test".
A few days ago, the All-China Federation of Trade Unions issued the "Notice on Doing a Good Job in 2022 for Workers to Prevent Heatstroke and Cool Down", which clarified the rights and interests of laborers working in high temperature weather, and required trade unions at all levels to urge employers to implement the main responsibility for heatstroke prevention and cooling, and prevent occupational occupations. Sexual heatstroke events.
Experts interviewed said that in addition to the timely and full payment of high-temperature allowances to provide workers with necessary high-temperature labor protection, enterprises should also increase investment and care for workers’ physical and mental health by improving working conditions and upgrading labor protection products.
This allowance should be paid in full and in a timely manner
According to Article 17 of the Measures for the Administration of Heatstroke Prevention and Cooling Measures jointly issued by the former State Administration of Work Safety, the Ministry of Human Resources and Social Security and other four departments, workers engaged in high-temperature operations shall enjoy post allowances in accordance with the law.
If the employer arranges workers to engage in outdoor work in high temperature weather above 35 degrees Celsius and cannot take effective measures to reduce the temperature of the workplace to below 33 degrees Celsius, a high temperature allowance shall be paid to the workers and included in the total wages.
The reporter combed and found that the southern region issued high temperature allowances early and with a long span. Among them, the earliest province was Hainan Province, which was issued from April 1 to October 31, and the rest of the provinces were mostly concentrated in June to September.
According to incomplete statistics, at present, nearly 30 provinces have announced the payment standard of high temperature allowance. Among them, the allowance standard of Guangdong, Shanghai, Jiangsu and other places is 300 yuan per month, and the allowance standard of Henan, Hainan, Yunnan and other places is daily 10 yuan.
However, the reporter found that some employers still have insufficient distribution of high temperature allowances, and there is a phenomenon that heatstroke prevention and cooling drinks, heatstroke prevention drugs, etc. are used to offset high temperature allowances.
Shen Jianfeng, dean of the Law School of the China Institute of Labor Relations, told reporters that the high temperature allowance is a labor remuneration, and the employer should pay it in full and in time, otherwise it will be a salary arrear.
Employers do not pay high temperature allowances. In addition to applying for arbitration, workers can also report to the trade union of the enterprise or a higher-level trade union, complain to the labor security supervision department, or apply to the people's court for a payment order.
Hot weather affects working hours, no wage deduction is allowed
According to the labor law, employers must provide laborers with labor safety and health conditions and necessary labor protection articles that comply with state regulations.
In addition, Article 8 of the Measures for the Administration of Heatstroke Prevention and Cooling Measures clarifies that during high temperature weather, the employer shall, according to the production characteristics and specific conditions, take reasonable arrangements for working hours, work rotation, and appropriately increase the rest time and Measures such as reducing labor intensity and reducing outdoor operations during high temperature periods.
Among them, the employer shall not deduct or reduce the wages of laborers if they stop working and shorten working hours due to high temperature weather.
However, the reporter's investigation found that some companies did not make corresponding adjustments because they were worried about affecting the production progress. Although some companies adjusted their working hours, they gave "discounts" in wages.
Last year, the Labor Dispute Arbitration Committee of Shouguang City, Weifang City, Shandong Province accepted a labor dispute case in which employees were deducted from their wages due to high temperature weather affecting their working hours.
Shen Jianfeng told reporters that the employer has the right to refuse to carry out the behavior of the employer forcing the laborer to work at risk without heatstroke prevention and cooling facilities or high temperature protection conditions, and can also terminate the labor contract in accordance with Article 38 of the Labor Contract Law. And require the employer to pay economic compensation.
Heatstroke at high temperature can apply for work injury
In the past few days, the health and disease control departments in many places have issued warnings to be alert to occupational heat stroke in high temperature weather.
The reporter combed and found that previous reports on occupational heatstroke in high temperature weather were not uncommon.
After occupational heatstroke, employees face difficulties in obtaining evidence and identification, and other rights protection issues have also attracted attention.
It is reported that heat stroke disease is a common occupational disease in high temperature work. According to the pathogenesis and clinical manifestations, it can be divided into three types: heat stroke, heat cramps and heat exhaustion.
The reporter found in random interviews on the street that most workers do not know that occupational heat stroke is an occupational disease.
Shen Jianfeng told reporters that workers who have suffered from heat stroke due to working in high temperature weather and were diagnosed as occupational diseases by an occupational disease diagnosis agency approved by the provincial health administrative department can apply for work-related injury certification in accordance with the law.
Those identified as work-related injuries are entitled to work-related injury insurance benefits.
The reporter noticed that workers in new forms of employment, such as courier brothers and takeaway riders, often find it difficult to avoid high temperature periods for work, which increases the risk of suffering from heat stroke.
Shen Jianfeng suggested that in addition to implementing general high temperature protection regulations, enterprises should also optimize the algorithm, take high temperature weather factors into account in the algorithm, reduce the labor intensity during high temperature periods, and at the same time, improve the working remuneration of workers in high temperature weather.
It is also necessary to put on the agenda to provide cool places such as "Love Stations" for workers in new employment forms running on the road.
Our reporter Gao Zili