Low temperature allowances frequently "cold" and different policy standards in different regions Expert advice
Establish a special system for low temperature allowances to highlight the legal "temperature"
□ Reporter Zhao Chenxi
Winter is the most difficult for Wei, a sanitation worker in Fengtai District, Beijing. The temperature dropped sharply, and the "quick freezing" mode forced him to wear an extra pair of gloves to keep out the cold.
There are not a few people like Lao Wei who still work outdoors in the cold weather, but the reporter learned from the investigation that most of them do not know what the low temperature allowance is. In their opinion, gloves, hats, etc. issued by the unit Warm clothing is considered a "welfare".
"The low-temperature allowance is a statutory labor allowance given by the employer to the low-temperature worker, and it should be taken seriously." Liu Junhai, a professor at the Law School of Renmin University of China, said in an interview with a reporter from the "Rule of Law Daily" that there are currently few national policies on low-temperature allowances, and The issuance of low temperature allowance lacks standards and supervision, so the low temperature allowance is "cold" every year, and it is difficult to benefit eligible outdoor workers.
"The low temperature allowance needs to be guaranteed by the legal system." Liu Junhai suggested that the low temperature allowance should be like the high temperature allowance, and a special system should be introduced at the national level to clarify the definition and distribution standards of the low temperature allowance, clarify the legal responsibility, and highlight the legal "temperature".
The "Neglected" Hypothermia Allowance
"Now is not the most difficult time, at least I can hold the guy with my hands." Old Wei, who has been a sanitation worker for eight years, has long been accustomed to working in cold windy weather. He is most afraid of heavy snowfall, because At three o'clock in the morning, I have to shovel snow on the road. Even if I am "fully armed", my hands will be so cold that I can't even take off my gloves.
Cotton jackets, cotton caps, gloves, knee pads... Old Wei thinks that the company is equipped with a complete set of cold-proof materials, but as for the direct economic subsidy-low temperature allowance, he has not only never received it for so many years, he has never even heard of it. .
Compared with Lao Wei, courier Liu Chengang is even more "sorrowful". Every winter, he can only get cotton clothes with the company logo printed on it from the company, and he needs to prepare other cold-proof equipment by himself.
Every winter, he has to buy his own electric handlebar covers and windbreaker jacket, but for the courier who spends most of the day riding on the road, these equipment are better than nothing.
Every time Liu Chengang saw cheap trousers, he would buy a few more large-sized ones, so that he could wear a few more pairs of trousers to keep out the cold.
Liu Chengang's salary is billed on a piece-by-piece basis. He doesn't know whether he can enjoy the low temperature allowance, but he only hopes that the winter wind will not blow so violently.
According to the reporter's survey, the distribution of low temperature allowance is not optimistic.
In fact, compared with the high temperature allowance in hot summer, the low temperature allowance in the twelfth lunar month has indeed been rarely mentioned.
The "Minimum Wage Regulations" that came into effect on March 1, 2004 has clearly mentioned "low temperature allowance", which stipulates that in the case of normal labor provided by the laborer, the wages that the employer should pay to the laborer exclude the middle shift and night shift. , high temperature, low temperature and other special working environments and conditions, after allowances, shall not be lower than the local minimum wage standard.
Liu Junhai pointed out that at present, apart from the "Minimum Wage Regulations", there is no special regulation on low temperature allowance at the national level. The low temperature allowance has always lacked a unified and clear policy and has been reduced to a "paper welfare".
Although the low temperature allowance is "neglected", the hazards of working in a low temperature environment cannot be underestimated.
The reporter noticed that the "Classification and Catalog of Occupational Diseases" issued in 2013 listed "frostbite" as an occupational disease caused by physical factors.
The "Catalogue of Occupational Disease Hazard Factors" revised in 2015 also listed "low temperature" as one of the occupational disease hazard factors for management and protection.
Policies vary from place to place
When it comes to low-temperature allowances, many people think of high-temperature allowances. Unlike low-temperature allowances for "cold encounters", the national high-temperature allowances are now relatively complete.
In June 2012, the State Administration of Work Safety and other departments jointly issued the "Administrative Measures for Heatstroke Prevention and Cooling Measures" (hereinafter referred to as the "Measures"), which defined high-temperature weather and high-temperature operations. ".
The "Measures" also stipulate that the standard of high temperature allowance shall be formulated by the provincial human resources and social security administrative department in conjunction with relevant departments, and shall be adjusted in due course according to the social and economic development; if the employer violates the regulations, the human resources and social security administrative department at or above the county level shall order correct.
"The promulgation of the "Measures" has ensured that the high temperature allowance has legal protection and has been better implemented." Liu Junhai pointed out that compared with the high temperature allowance, the low temperature allowance has always lacked national and systematic regulations at the national level. How to issue the low temperature allowance , there is currently no clear standard.
According to Wang Peng, a researcher at the Intelligent Social Governance Research Center of Renmin University of China, the reason for this situation is that the low temperature allowance is more regional, and compared with most areas in my country, which are more affected by high temperature, the continuity and extensiveness of low temperature impact Relatively small.
The reporter noticed that some places with relatively cold temperatures have introduced relatively detailed local regulations for low temperature allowances.
The Inner Mongolia Autonomous Region issued a high-temperature and high-cold post allowance payment standard for outdoor operations in high-temperature and high-cold weather in October 2013.
Where employers such as enterprises, public institutions and individual economic organizations in the administrative area of the autonomous region arrange laborers to work outdoors continuously for more than 4 hours (including 4 hours) in high-cold weather below -25°C (including -25°C), the laborers can receive per 230 yuan per month as an alpine post allowance.
However, many outdoor workers feel that this low-temperature allowance is too harsh.
According to the "National Standard of the People's Republic of China: Classification of Low-temperature Operations" promulgated in 1994, in the process of production and labor, the average temperature at the workplace is equal to or lower than 5 degrees Celsius, which is low-temperature operation.
In addition, it is difficult to achieve the condition of continuous outdoor work for 4 hours at a temperature below -25°C.
The "Regulations on Harbin Outdoor Labor Protection in Cold Season" that came into effect on October 1, 2021 clarified that the cold season refers to the period from December to February of the following year; The low temperature allowance is issued, and the specific standard is no less than 200 yuan per person per month; the required expenses are listed in the cost of the employer.
In November 2021, the "Notice on Publishing the Provincial High and Low Temperature Allowance Standards" jointly issued by multiple departments of Jilin Province also stipulates that the low temperature allowance standard is 200 yuan per month, and the payment time is from December to February of the next year.
Urgent need to introduce special regulations
The report of the 20th National Congress of the Communist Party of China clearly stated that labor laws and regulations should be improved, the negotiation and coordination mechanism for labor relations should be improved, and the system for protecting the rights and interests of workers should be improved.
"The low-temperature allowance and the high-temperature allowance are both statutory allowances given to workers in special weather conditions. They should not be treated differently. The low-temperature allowance also needs to be escorted by the rule of law." Liu Junhai suggested referring to the "Measures" to issue special policies and regulations on low-temperature allowances at the national level , Clarify and refine key content such as the definition and distribution standards of low temperature allowances.
Considering the large difference in winter temperature between the north and the south of my country, Liu Junhai believes that the national level can provide basic system design in terms of distribution conditions, fee standards, scope, etc., and relevant provinces will further formulate local regulations or rules and regulations based on their own actual conditions.
In addition to geography, Wang Tianyu, deputy director of the Social Law Office of the Institute of Law, Chinese Academy of Social Sciences, believes that it is necessary to improve the salary system norms for industries with obvious low-temperature work nature, such as sanitation workers, outdoor decoration workers, and express delivery workers, according to the characteristics of the industry. Low temperature allowance landed.
To prevent relevant systems from becoming a dead letter, it is necessary to clarify regulatory responsibilities and strengthen legal responsibilities.
Liu Junhai pointed out that the special system for low temperature allowances introduced at the national level should clarify the supervision department and supervision mechanism, clarify the legal responsibility of the employer for defaulting on low temperature allowances, establish a relevant accountability system, and enhance the operability of implementing low temperature allowances.
Article 54 of the Labor Law stipulates that employers must provide laborers with labor safety and health conditions and necessary labor protection articles that meet state regulations.
"The current national low temperature subsidy related policies still need to be improved, but employers should also provide workers with the necessary protection, otherwise they will bear corresponding legal responsibilities." Liu Junhai said.
The implementation of the low temperature allowance still requires the joint efforts of multiple departments.
Wang Tianyu added that trade union organizations should "support" workers, and through industry trade unions, enterprise trade unions, etc., grasp the relevant conditions of workers' low-temperature operations, and give full play to the role of trade unions in labor law supervision.
Local labor supervision departments that have issued relevant policies should also actively perform their duties, and urge employers to strictly implement the issuance of low temperature allowances in accordance with relevant policy requirements.
(Rule of Law Daily)