Traditional Culture Encyclopedia - Weather forecast - Can you refuse to work as a temporary worker on the construction site when the weather is not hot?
Can you refuse to work as a temporary worker on the construction site when the weather is not hot?
You can refuse to work overtime and complain to the labor inspection. Generally speaking, field work includes outdoor work. According to Article 8 of the Measures for the Administration of Heatstroke Prevention and Cooling (Order No.89 of the State Administration of Work Safety, Ministry of Health, Ministry of Human Resources and Social Security, All-China Federation of Trade Unions [20 12]), if the daily maximum temperature reaches 40℃ or above, outdoor work on that day should be stopped. Outdoor workers shall not be arranged to work overtime. According to the provisions of Articles 41 and 42 of the Labor Law, except under the circumstances stipulated in Article 42, the employer shall negotiate with the trade unions and workers to obtain the consent of the workers, and the overtime hours shall not exceed 3 hours per day and 36 hours per month, and shall pay overtime wages or arrange compensatory time off according to law. Workers have the right to refuse to work overtime, as long as they inform the supervisor or the management personnel who arrange overtime. If the employer illegally extends the working hours, the laborer may complain to the labor inspection, which will give him a warning, order him to make corrections and impose a fine. Article 41 of the Labor Law of People's Republic of China (PRC) * * * Due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and workers. Generally, the daily working hours shall not exceed 1 hour; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed 3 hours per day and 36 hours per month under the condition of ensuring the health of the workers. Article 42 Under any of the following circumstances, the extension of working hours shall not be restricted by the provisions of Article 41 of this Law: (1) Natural disasters, accidents or other reasons threaten the life, health and property safety of workers and require emergency treatment; (two) production equipment, transportation lines, public facilities failure, affecting production and public interests, must be repaired in time; (3) Other circumstances stipulated by laws and administrative regulations. Article 25 of the Regulations on Labor Security Supervision in the State Council, if an employer violates labor security laws, regulations or rules to extend the working hours of laborers, the administrative department of labor security shall give it a warning, order it to make corrections within a time limit, and may calculate and impose a fine according to the standard of more than 65,438 yuan and less than 5,000 yuan per infringed laborer. State Administration of Work Safety, Ministry of Health, Ministry of Human Resources and Social Security, All-China Federation of Trade Unions, Measures for the Administration of Heatstroke Prevention and Cooling Measures [2065438+02] No.89, Article 8 During high-temperature weather, the employing unit shall, according to the following provisions, take reasonable arrangements for working hours, rotate work, appropriately increase the rest time of workers in high-temperature working environment, and reduce labor intensity according to production characteristics and specific conditions. Reduce outdoor operation in high temperature period: (1) The employing unit shall adjust its working hours according to the forecast temperature of the day issued by the meteorological office of the competent meteorological department at or above the municipal level, unless it needs urgent treatment due to personal and property safety and public interests: 1. If the daily maximum temperature reaches 40℃ or above, outdoor operation on that day shall be stopped; 2. When the daily maximum temperature reaches above 37℃ and below 40℃, the employer shall not arrange outdoor outdoor operations for more than 6 hours, and the continuous operation time shall not exceed the national regulations, and outdoor outdoor operations shall not be arranged within 3 hours of the maximum temperature period; 3. When the daily maximum temperature reaches 35℃ or above and 37℃ or below, the employer shall rest in shifts to shorten the continuous working hours of workers, and shall not arrange outdoor workers to work overtime. (2) Before the arrival of high-temperature weather, the employing unit shall carry out health examination for the workers who work in high-temperature weather, and adjust their posts for the workers who suffer from heart, lung, cerebrovascular diseases, tuberculosis, central nervous system diseases and other physical conditions that are not suitable for the high-temperature working environment. The expenses for occupational health examination shall be borne by the employer. (3) The employing unit shall not arrange pregnant female workers and underage workers to engage in outdoor open-air operations in hot weather above 35℃ or work in workplaces above 33℃. (4) Where the work is stopped or the working hours are shortened due to the hot weather, the employing unit shall not deduct or reduce the wages of the workers.
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