Traditional Culture Encyclopedia - Weather inquiry - Can Shanghai company complain if it doesn't pay the high temperature fee?
Can Shanghai company complain if it doesn't pay the high temperature fee?
The "Labor Law" stipulates the payment of high-temperature subsidies, and employers must give workers an economic subsidy. There are differences in the payment standards of high temperature subsidies in different parts of China. The standard of Shanghai's high temperature subsidy is from June to September every year, and the employer may not replace it with cold drinks and other materials. Some units may be less formal, with poor welfare and high-temperature subsidies not paid on time. So can Shanghai company complain if it doesn't pay the high temperature fee? Can Shanghai company complain if it doesn't pay the high temperature fee? If the employer arranges the workers to work in this hot weather, and the workplace temperature cannot drop below 33℃, and the workers are not given high-temperature allowance, the workers can go to the report and complaint acceptance center of the labor security supervision detachment of our bureau or call the report and complaint telephone number to report. If the investigation finds that the employer refuses to pay the high temperature allowance, they will ask the employer to pay the allowance to the employee immediately. If not, they will deal with the employer according to laws and regulations. Those who fail to correct and reissue the high-temperature subsidy within the time limit shall be fined between 2,000 yuan and 65,438 yuan+00,000 yuan. 1. High temperature allowance shall be paid for high temperature operation. According to the relevant regulations of the national labor and social security department, when the temperature exceeds 35 degrees Celsius, the enterprise shall pay the high temperature allowance to the employees according to the contents signed in the labor contract, depending on the type of work and working environment. High temperature allowance is an integral part of workers' wages, and it is paid from June to 65438+10 every year. If the employer refuses to pay, it is a deduction of wages in arrears, and the laborer can promptly report to the labor inspection departments of all districts and counties or apply for labor dispute arbitration. 2, high temperature allowance shall not be included in the minimum wage. Although some enterprises have nominally issued high-temperature allowances, they have included the amount of high-temperature allowances in the minimum wage, which has infringed on the interests of employees. The employer of high temperature allowance must pay extra wages lower than the minimum wage. The high-temperature subsidy standard of the Labor Law is 1, which requires local employers to appropriately adjust the work and rest system for high-temperature operations in summer according to production characteristics and specific conditions, increase rest and reduce labor intensity, reduce operations in high-temperature periods, ensure safe production, and ensure the health and life safety of workers in high-temperature weather. 2. If the temperature in the workplace reaches 33℃ or above 35℃ in daily maximum temperature, the employer shall pay high temperature allowance to the workers. 3. At the same time, the employer shall not stop working or shorten working hours due to high temperature to deduct or reduce the wages of workers. Employers should also strengthen the protection of female workers and underage workers. Pregnant female workers shall not be arranged to work in the open air in high temperature weather above 35℃ or in high temperature workplaces above 33℃. Minor workers shall not be arranged to work in the open air in high temperature weather above 35℃. 4. The specific standard of high temperature allowance is: outdoor workers and high temperature workers per month 150 yuan, and non-high temperature workers per month 100 yuan. High-temperature allowance is paid every 6, 7, 8, 9 and 10, which is included in the enterprise cost. Other labor protection measures related to hot weather are also implemented in accordance with the new policy. If the employer is on the job and provides normal labor, it should also be included in the scope of payment. If the employee is not in normal attendance, the payment can be converted according to the actual attendance and the number of working days provided. The scope of enjoying the high temperature allowance has been extended to all workers from workers who used to work in the open air and the workplace temperature reached above 33℃; The distribution time was extended from July to September to June-10. That is to say, from June to June every year 10, workers can get a high temperature allowance of 100 yuan/month even if they don't work in outdoor high temperature conditions and the workplace temperature is lower than 33℃. In hot weather, outdoor workers and high-temperature workers whose workplace temperature is higher than 33℃ can get 150 yuan/month. 5. Paragraph 1 of Article 8 of the Regulations for the Implementation of the Individual Income Tax Law stipulates that "income from wages and salaries refers to wages, salaries, bonuses, year-end salary increase, labor dividends, allowances, subsidies and other income related to employment." Article 10 stipulates that "taxable income obtained by individuals includes cash, objects and securities. If the income is in kind, the taxable income shall be calculated according to the price indicated on the obtained certificate. " If the unit fails to pay the high-temperature subsidy in time, the laborer can make a complaint by calling or going to the local labor and social security department in person to reflect the specific problems. The labor and social security department will order the employer to issue high-temperature subsidies, and those who refuse to implement them will be fined.
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