Is the temperature above 40 degrees a legal holiday?

According to national regulations, outdoor work in direct sunlight is prohibited between1115 when the temperature is above 37 degrees. If the temperature exceeds 40 degrees, it is necessary to take a high-temperature holiday and arrange for workers to go home to rest. If the company organizes workers to do outdoor work in hot weather above 35℃ and fails to take effective measures to reduce the workplace temperature below 33℃ (except 33℃), the company will pay high-temperature subsidies to the workers. The subsidy standard is about 25 yuan per person per day, and the specific amount varies from region to region. The high temperature allowance is paid by the employee's unit, charged from the expenses, included in the total wages of the enterprise, and not included in the minimum wage standard. The cold drinks and basic drugs provided by the company to employees for heatstroke prevention and cooling should not be balanced with the advantages of high temperature.

What are the conditions for high temperature leave?

During the hot weather, the employing unit shall, according to the following provisions, take measures such as reasonable arrangement of working hours, rotation of work, appropriately increasing the rest time of workers in the high-temperature working environment, reducing labor intensity and reducing outdoor work in high-temperature periods. 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 for the emergency 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.

What is the standard for granting high-temperature subsidies?

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. The standards of high temperature allowance include: the employer arranges workers to work in the open air in high temperature weather from June to August every year, and pays the allowance according to the standard of not less than 60 yuan per person per month; If effective measures cannot be taken to reduce the indoor temperature in the workplace to below 33℃ (excluding 33℃), it will be distributed according to the standard of not less than 45 yuan per person per month.

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.

legal ground

Article 29 of the Labor Law of People's Republic of China (PRC) * * The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law if the employee is under any of the following circumstances: (1) Party B suffers from occupational diseases or work-related injuries and is confirmed to have lost or partially lost the ability to work;

(2) Being sick or injured within the prescribed medical treatment period;

(3) Female employees during pregnancy, childbirth and lactation;

(4) Other circumstances stipulated by laws and administrative regulations.

Thirtieth the employer to terminate the labor contract, the trade union considers it inappropriate, have the right to put forward opinions. If the employing unit violates laws, regulations or labor contracts, the trade union has the right to request re-handling; If a laborer applies for arbitration or brings a lawsuit, the trade union shall give support and help according to law.