What's the rule when the temperature exceeds 38 degrees?

According to the regulations of the state, if the employer arranges workers to work in the open air in hot weather (the maximum daily temperature is above 35℃) and cannot take effective measures to lower the workplace temperature below 33℃ indoors, it shall pay high-temperature subsidies to the workers.

Those who can receive the high temperature allowance must be employees working in high temperature, including construction workers, bus drivers without air conditioning, outdoor sanitation workers, etc.

The high temperature allowance for outdoor workers shall not be less than 60 yuan per person per month.

Personnel working in indoor workplaces above 33℃ (including 33℃) shall be no less than 45 yuan per person per month.

legal ground

Article 8 of the Measures for the Administration of Heatstroke Prevention and Cooling Measures

During hot weather, the employing unit shall, according to the following provisions and the production characteristics and specific conditions, 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 daily maximum temperature reaches above 40℃, stop the outdoor operation on that day;

2. When the daily maximum temperature reaches above 37℃ and below 40℃, the employer shall not arrange outdoor open-air operations for workers for a total of 6 hours, and the continuous operation time shall not exceed the national regulations, and outdoor open-air 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.