Measures of Chongqing Municipality on Labor Protection in High Temperature Weather

Measures of Chongqing Municipality on Labor Protection in High Temperature Weather

1. Payment:

(1) Medium and high temperature: the maximum daily temperature is above 37℃ and below 40℃ (excluding 40℃).

(2) High temperature: The weather with high intensity is when the daily maximum temperature reaches above 40℃.

2. Payment standard:

(1) Moderate high temperature: high temperature subsidy will be paid according to the standard of 5 yuan to 10 yuan per person per day.

(2) High temperature: per person per day 10 yuan, and the high temperature subsidy is paid according to the standard of 20 yuan.

3, the high temperature subsidy scope:

(1) Employees of enterprises, individual economic organizations and other economic organizations (including white-collar workers), excluding civil servants and personnel of public institutions.

(2) As long as employees work in high-temperature areas in Chongqing during medium and high temperatures, the employer will pay high-temperature subsidies according to the above standards; It has nothing to do with piece rate and hourly rate.

4. Employees working in high temperature environment shall enjoy the following rights in addition to high temperature subsidies:

(1) medium and high temperature:

(1) The employing unit arranges the workers to work for no more than 6 hours, and stops working during the high temperature period from 12 to 16. Shorten working hours, but not deduct or reduce wages.

(2) Due to the production process requirements, the operation cannot be suspended during the high temperature period from 12 to 16, and the open-air operation during the high temperature period is suspended.

(3) If it is necessary to work in the open air at high temperature due to the production process requirements, the employer shall reasonably adjust the work and rest time.

(2) High temperature:

(a) after taking cooling measures, the workplace temperature can not be lower than 37℃ (excluding 37℃), the employer shall stop working. Shorten working hours, but not deduct or reduce wages.

(2) If the work cannot be stopped due to the production process requirements, the work shall be suspended during the high temperature period of 12- 16.

(3) Due to the production process requirements, the operation cannot be suspended during the high temperature period from 12 to 16, and the open-air operation should be suspended during the high temperature period.

(4) If it is necessary to work in the open air at high temperature due to the requirements of production technology, the employer shall reasonably adjust the work and rest time.

(3) During the period from May to September every year, the employer shall provide enough cool drinks that meet the hygiene standards to the workers free of charge. Cold drinks can't replace high-temperature subsidies.

5, employee rights tips:

(1) If the employer violates the above provisions, the employee may complain to the labor inspection department;

(2) If the employer fails to pay the high-temperature subsidy, the employee may file an arbitration with the Labor Arbitration Committee and ask the employer to pay;

(3) If the employer arranges the laborer to work in high temperature weather (including moderate and high temperature) for more than 6 hours, the laborer has the right to ask for overtime pay;

(4) If the employer refuses to pay the high-temperature allowance, forcibly extends the working hours in high-temperature environment for six hours, or is uneasy about the provisions of resting or suspending work in high-temperature environment, the employee may terminate the labor contract and ask the employer to pay the economic compensation for the termination of the labor contract.

6, pay attention to self-protection:

The employer shall keep evidence for adjusting the working hours at high temperature, high temperature allowance and cool drinks.

How many days does the state stipulate high temperature leave?

The state stipulates that the high temperature holiday is generally 3 to 15 days. In summer, when the daily maximum temperature of hot weather reaches 35 degrees or above, and the employer arranges workers to work in the open air, and cannot take effective measures to reduce the workplace temperature to below 33 degrees (excluding 33 degrees), it shall pay high temperature allowance to the workers. The employing unit shall pay the high-temperature allowance to the workers engaged in high-temperature operations, and provide the workers with enough heatstroke prevention and cooling drinks and necessary medicines that meet the hygiene standards. Don't give money instead of providing heatstroke prevention and cooling drinks. Heatstroke prevention and cooling drinks shall not be used to offset the high temperature allowance.

Legal basis:

Measures of Chongqing Municipality on Labor Protection in High Temperature Weather

Article 1 These Measures are formulated in accordance with the Labor Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this Municipality, in order to do a good job in heatstroke prevention and cooling in high temperature weather, and to protect the health and related legitimate rights and interests of workers.

Article 2 The term "high temperature weather" as mentioned in these Measures refers to the weather with a daily maximum temperature of 35℃ released to the public by the meteorological stations affiliated to the municipal competent meteorological department through local television, radio and other media. The temperature shall be subject to the meteorological station issued by the municipal competent meteorological department.