Is the high temperature subsidy a salary or a welfare?

Legal analysis: high temperature allowance belongs to welfare rather than salary. According to the local temperature, the high temperature allowance standard of the year will be formulated every year. The labor and social security department reminded that high-temperature heatstroke is a work-related injury, and wages will be paid during treatment. It is suggested that enterprises and trade unions can sympathize with employees and let employees enjoy this kind of welfare when enterprises can afford it.

Legal basis: Article 8 of the Measures for the Administration of Heatstroke Prevention and Cooling. During high-temperature weather, the employer shall, according to the following provisions and the specific conditions of production, take measures such as reasonably arranging working hours, rotating operations, appropriately increasing the rest time of workers in high-temperature working environment, reducing labor intensity, and reducing outdoor operations during high temperature:

(1) The employing unit shall adjust the operation time according to the forecast temperature of the day issued by the meteorological offices and stations affiliated to the competent meteorological departments at or above the municipal level, except that it needs urgent treatment due to personal and property safety and public interests:

1. When the highest temperature reaches 40 on that day, outdoor operation should be stopped. 2. When the daily maximum temperature reaches 37 or 40, the employer shall arrange outdoor work for workers for a total of no more than 6 hours, and the continuous working time shall not exceed the national regulations, and outdoor work shall not be arranged within 3 hours of the maximum temperature. 3. When the daily maximum temperature reaches 35 or 37, the employer shall take a rest in shifts to shorten the working hours.

(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.

(three) the employer shall not arrange pregnant female workers and underage workers to engage in outdoor open-air operations and 33 degrees Celsius high temperature operations during the high temperature weather of 35 degrees Celsius.

(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.