Notice of the state on the standard of high temperature allowance

The state stipulates that high temperature subsidies can be enjoyed between 33℃ and 35℃. High temperature allowance standards include:

(1) If the employer arranges workers to work in the open air in hot weather from June to August every year, it shall pay the allowance according to the standard of not less than 60 yuan per person per month;

(2) If effective measures cannot be taken to reduce the indoor workplace temperature below 33℃, excluding 33℃, it will be distributed according to the standard of not less than 45 yuan per person per month.

The Ministry of Health, the Ministry of Labor and Social Security, state administration of work safety and the All-China Federation of Trade Unions jointly issued a notice:

1. Require 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 to reduce labor intensity, reduce operations during high-temperature periods, ensure safe production, and ensure the health and life safety of workers in high-temperature weather.

2. Where the workplace temperature reaches 33℃ or the outdoor operation is 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. "

What are the dispute handling of high temperature allowance?

If the employer fails to pay the high temperature allowance according to the regulations, the employee may complain to the human resources and social security department, or apply for mediation, arbitration or bring a lawsuit according to law. The employer bears the burden of proof for the workers engaged in hot weather operations and the payment of high temperature allowances. High temperature subsidy is an additional economic subsidy given by the state and units to employees engaged in high temperature work in summer. The unit can provide additional heatstroke prevention and cooling supplies, medicines or labor protection supplies, or provide other cold drinks for heatstroke prevention and cooling, but these can not offset the high temperature subsidy fees to be paid, otherwise the responsibility of the employer will be investigated.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 17 of the Measures for the Administration of Heatstroke Prevention and Cooling Measures

Workers engaged in high-temperature operations enjoy post allowances according to law.

If the employing unit arranges laborers to engage in outdoor open-air operations in high-temperature weather above 35℃ and cannot take effective measures to reduce the workplace temperature below 33℃, it shall pay high-temperature allowance to the laborers and include it in the total wages. The standard of high temperature allowance shall be formulated by the provincial administrative department of human resources and social security in conjunction with relevant departments, and adjusted in time according to the social and economic development.