Is the high temperature fee a welfare or a salary?

High temperature subsidies belong to welfare funds.

Legal basis: Article 2 of People's Republic of China (PRC) Labor Contract Law. Enterprises, individual economic organizations, private non-enterprise units and other organizations in People's Republic of China (PRC) are called employers. It is clearly stipulated that although the main body of summer high temperature allowance is enterprises, "individual economic organizations, private non-enterprises with employees and other employers shall refer to it."

Individual industrial and commercial households are natural persons engaged in industrial and commercial operations within the scope permitted by law and approved and registered according to law. Private non-enterprise units refer to social organizations engaged in non-profit social service activities organized by enterprises, institutions, social organizations, other social forces and individual citizens using non-state-owned assets, such as private kindergartens, private primary schools, middle schools, universities, private hospitals, sanatoriums, private performing groups and private welfare homes.

According to the regulations, if an enterprise arranges workers to engage in outdoor open-air operations in hot weather above 35℃ and cannot take effective measures to lower the workplace temperature below 33℃, it shall pay high-temperature allowance to the workers.

In addition, the unit should also provide enough heatstroke prevention drinks and necessary medicines for workers working in high temperature and high temperature weather. Do not use money or materials to replace the distribution of heatstroke prevention and cooling drinks, and do not use heatstroke prevention and cooling drinks to offset the high temperature allowance.

The high temperature allowance shall be paid. If the employer fails to pay, the employee may complain to the labor inspection department where the employee is located, and the competent department of human resources and social security at or above the county level shall order it to make corrections within a time limit and reissue it; If no correction is made within the time limit, a fine of 2000 yuan or more and 20 thousand yuan or less shall be imposed.