Starting in June, there will be a new source of income for most workers, especially those outdoors, the heat allowance.
So why is there a high temperature allowance? Who gets the heat allowance? Do you have this allowance in your payroll? If not, how can you protect your legitimate rights and interests? Let's take a look.
1. What is a high temperature allowance?
According to the "Measures for the Management of Heatstroke Prevention and Cooling Measures", the high temperature allowance is a specific kind of work allowance. The allowance shall be paid by the employer when the worker engages in outdoor activities in a hot environment above 35°C or when the indoor temperature cannot be effectively adjusted below 33°C.
High temperature subsidy, at least 300 yuan per month; For those who work indoors and in non-hot conditions, they will receive a subsidy of at least 200 yuan per month (the exact amount varies depending on the city).
Its goal is to protect the rights and interests of workers who work in hot conditions, which are essentially part of wages rather than optional unit benefits. Therefore, it is a legal obligation of the employer to pay the high temperature allowance, and this allowance needs to be included in the gross salary for calculation.
2. Who is eligible for the high temperature allowance?
In fact, any employee who works in a high temperature environment due to work needs, regardless of whether you belong to the company or the staff of the government agency, is entitled to receive the high temperature allowance in accordance with the law.
It is important to note that employers are not allowed to provide heatstroke prevention drinks in lieu of paying high temperature allowances.
3. How is the high temperature allowance paid?
There are three ways to pay the heat allowance:
One is calculated on a monthly basis, which varies from region to region according to their respective climatic conditions.
Many localities have chosen to start issuing heat subsidies in June, usually until August or September. In this regard, Hainan Province has the longest period of payment of high temperature allowances, starting from April to October, a total of 7 months.
The second is to pay the high temperature subsidy according to the number of days the worker is actually engaged in hot work.
During the year, if workers work outdoors in weather above 35°C or if the temperature in their workplace cannot drop below 33°C, they shall receive a subsidy of not less than 20 yuan per day. For part-time employees, the employer shall pay a high temperature allowance of not less than RMB 3 per hour.
Third, the employer should independently choose the method of calculating and paying the high temperature allowance through the internal democratic decision-making process and determine the specific standards.
Enterprises can determine the calculation and payment methods and specific standards of high temperature allowance through democratic procedures such as collective negotiation and signing of collective contracts or submitting the high temperature allowance system to the workers' (representatives) congress for discussion and approval. In addition, there is no need to pay social security.
4. What should I do if the company does not pay the high temperature allowance?
There are many people who mistakenly think of heat benefits as a common benefit, but in reality there is a fundamental difference between the two.
The high temperature subsidy is a necessary compensation for the labor consumption of the worker in the hot environment, while the benefit may be provided voluntarily by the enterprise and does not need to be paid unless expressly agreed.
If the employer violates the regulations and fails to pay the high temperature allowance, it will be deemed to be in arrears or deducted wages. Workers can seek help from the trade union, or report to the social security, safety supervision and other departments to protect their legitimate rights and interests.
5. Hot issues of high temperature allowances
01 Is there a high temperature allowance for "sitting in the office"?
Not only for outdoor workers, but even for office workers or employees who work indoors, companies may also need to issue high temperature subsidies if they cannot effectively control the temperature of the office environment below 33°C (excluding 33°C).
There is an argument that as long as the company installs air conditioning equipment, there is no need to provide high temperature subsidies. This may be true in most cases, but if there is clear evidence that the workplace temperature exceeds 33°C (excluding 33°C) even after the installation of air conditioning, the company should still provide a heat subsidy.
02Can the employer deduct wages due to work stoppage or shortening of working hours due to hot weather?
According to the Measures for the Administration of Measures to Prevent Heat Stroke and Cool Down, if work is interrupted or working hours are shortened due to hot weather, the employer shall not withhold or reduce the wages of workers. This means that even if work is suspended due to high temperatures, employees are still entitled to full compensation.
The purpose of this provision is to safeguard the interests of workers and to ensure that they receive the treatment they deserve even in extremely high temperature conditions.
03 Is the temperature allowance the same thing as the heatstroke prevention and cooling fee?
The two are not the same.
The high temperature subsidy is a kind of compensation for the additional labor consumption incurred by the worker in the hot summer environment, and its payment is the legal responsibility of the employer.
On the other hand, heatstroke prevention and cooling expenses are employee benefits, and the payment standard and payment standards shall be stipulated or agreed by the employer through rules and regulations, collective contracts or labor contracts.
Write at the end
Although the work pressure in the high temperature environment is high, with the protection of the high temperature allowance, it can be regarded as a small surprise in life. It is hoped that the majority of workers can enjoy the substantial benefits brought by this policy, safeguard their own rights and interests, and pay attention to heatstroke prevention and cooling in the hot summer weather to protect their health.
In order for each employer to pay high temperature allowance fairly and reasonably under the premise of abiding by laws and regulations, and create a good working environment for employees.
Source: Consumer Science