Provisions of Shanghai Municipality on High Temperature Allowance

Legal analysis: 1, Shanghai high temperature fee is 200 yuan every month, lasting for 4 months.

Starting from 20 1 1, the standard of Shanghai's high temperature season allowance is 200 yuan every month, and the implementation time is from June 1 day to September 30, ***4 months, and workers * * * can receive high temperature allowance from 800 yuan.

2. Employees who don't pay the high temperature fee can report or apply for arbitration.

If the enterprise fails to pay the laborer's high temperature fee according to the regulations, the laborer may report to the human resources and social security department or apply for labor dispute arbitration according to law.

3. It's not just employees who enjoy the high temperature fee.

If the employing unit arranges workers to work in the open air in hot weather (the daily maximum temperature reaches above 35℃) and cannot take effective measures to reduce the workplace temperature to below 33℃ (excluding 33℃), it shall pay high temperature allowance to the workers.

Working at night is not the reason for refusing to pay the high temperature fee.

The payment conditions of high temperature fees only depend on whether the working environment is outdoor or not, and the temperature of the working environment has nothing to do with "nine to five" or working at night.

5. Deducting the high-temperature expenses of absent employees should be implemented according to the system.

In principle, the high-temperature expenses of abnormal attendance such as sick leave can be converted according to the monthly average working day of 2 1.75 days. Daily high temperature fee standard = monthly high temperature fee standard 200 yuan /2 1.75 days =9.2 yuan.

Method 1: High temperature fee of the current month = standard of daily high temperature fee x attendance days of the current month.

Method 2: Monthly high temperature fee = monthly high temperature fee standard-daily high temperature fee standard x vacation days.

The above two methods can be stipulated independently by the unit in the rules and regulations, but the operation methods should be clear and unified, and connected with the payment methods such as salary increase and overtime pay.

6. The high temperature fee cannot be included in the minimum wage.

The money that employees actually get each month, after deducting high temperature fees and other items, cannot be lower than the minimum wage: 2 190 yuan.

7. Labor dispatch workers also enjoy high temperature allowance.

8. The principle of fairness and reasonableness should be taken into account for multiple high-temperature charges.

9. You can't "choose one from the other" for high-temperature fees and cool drinks.

Do not distribute money instead of providing heatstroke prevention and cooling drinks; Cold drinks shall not offset the high temperature fee; The high temperature fee is paid in cash.

10, high temperature allowance cannot replace employees' right to rest.

Legal basis: Notice on Adjusting the Summer High Temperature Allowance Standard of this Municipality; If the enterprise [20 19]No. 19 arranges workers to work in the open air from June to September every year and cannot take effective measures to reduce the workplace temperature below 33℃ (excluding 33℃), it shall pay the workers a summer high temperature allowance. The summer high temperature allowance standard is adjusted from 200 yuan/month to 300 yuan/month.