What if the company doesn't issue high-temperature subsidies?

It is a labor dispute that the enterprise does not pay the high temperature fee to its employees, which can be solved in the following ways: the laborer negotiates with the employer; Apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees or organizations with labor dispute mediation functions established in towns and streets; If mediation fails, apply to the Labor Dispute Arbitration Commission for arbitration; If you are dissatisfied with the arbitration award, bring a lawsuit to the people's court.

The Measures for the Administration of Heatstroke Prevention and Cooling Measures stipulates that:

1. The employing unit shall provide enough heatstroke prevention and cooling drinks and necessary medicines that meet the hygiene standards for workers working in hot and hot weather.

2. It is not allowed to provide heatstroke prevention and cooling drinks instead of giving money and things. Heatstroke prevention and cooling drinks shall not be used to offset high temperature subsidies.

3. Workers who suffer from heatstroke due to high-temperature operation or high-temperature weather operation and are diagnosed as occupational diseases shall enjoy work-related injury insurance benefits.

What does the high temperature fee include?

High temperature fee is a general term. It should include two parts, one is the high temperature allowance, and the other is the cost of cool drinks in summer.

20 13 Hangzhou high temperature subsidy standard will only be issued when the temperature reaches a certain standard on a certain working day. According to the Notice on Further Strengthening Summer Heatstroke Prevention and Cooling in Workplaces issued in 2007, if the employer arranges workers to work in the open air in hot weather (the maximum daily temperature reaches 35 degrees Celsius or above) and cannot take effective measures to reduce the workplace temperature to below 33 degrees Celsius (excluding 33 degrees Celsius), it shall pay high temperature allowance to the workers.

The cost of refreshing drinks is paid during the high temperature period (June to September for Zhejiang Province), regardless of whether the working day is high or not. There is a clear difference between the two. High temperature allowance belongs to the category of labor wages, and the cost of cool drinks in summer belongs to enterprise welfare.

The specific standards of high temperature allowance shall be formulated by the provincial government or the provincial labor and social security department. Up to now, there is no clear high-temperature allowance standard in Zhejiang, and the documents issued over the years are all documents to adjust the cost of refreshing drinks during high temperatures. So in everyone's impression, what we call' high temperature fee' actually refers to the cost of cool drinks.

Who can receive the high temperature subsidy:

1, engaged in outdoor work

2. The employer cannot take effective measures to lower the workplace temperature below 33℃ (excluding 33℃).

The former generally includes construction workers, traffic police patrolmen, sanitation workers, outdoor line inspectors, warehouse porters and so on. The latter are generally steel workers, mechanical foundry workers, etc. , depending on the temperature in the workplace. For example, if the temperature of the tin workshop in some factories exceeds 33℃, high-temperature subsidies will also be issued.

How much is the high temperature allowance?

The purpose of high-temperature subsidy is to ensure the normal operation of economic construction and enterprise production and operation activities under hot summer conditions, to ensure the safety and health of enterprise employees in the process of labor production, and to decide to appropriately raise the distribution standard of cool drinks for employees in summer. 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 reduce the workplace temperature below 33℃, it shall pay high-temperature subsidies to the workers.

What are the benefits of high temperature?

1. If the temperature reaches above 37℃, the work will be suspended in the afternoon.

If the daily maximum temperature reaches above 39℃, outdoor operation should be stopped on that day;

When the daily maximum temperature reaches above 37℃ and below 39℃ (excluding 39℃), the outdoor working hours shall not exceed 6 hours, and outdoor work shall be suspended from 12 to 16;

When the daily maximum temperature reaches above 35℃ to below 37℃ (excluding 37℃), the employer shall rest in shifts, shorten the continuous operation time, and shall not arrange outdoor workers to work overtime.

2. The working environment of pregnant women should not exceed 33℃

The employer shall not arrange for pregnant female employees to work in the open air in hot weather above 35℃ or in workplaces above 33℃.

3. Death from heatstroke at work is regarded as a work-related injury.

Workers suffering from heatstroke due to hot weather operations are diagnosed as occupational diseases by occupational disease diagnosis institutions recognized by provincial health administrative departments, and may apply for work-related injury identification according to law. Workers who die of heatstroke during working hours and jobs or die after being rescued within 48 hours after heatstroke are regarded as work-related injuries and enjoy work-related injury insurance benefits.

legal ground

People's Republic of China (PRC) labor dispute mediation and arbitration law

Article 5 If a labor dispute occurs in the basic procedures for handling labor disputes, and the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.