Recently, the weather has cleared and the sun is online
As soon as the sun broke, I felt the summer heat
Attention to those who are engaged in high-temperature work
From next month!
Your "Summer Special" is here!
The Guangdong high temperature allowance will be paid for 5 consecutive months
In June ~ October, each person can receive 300 yuan per month
01
What is High Temperature Allowance?
According to the "Notice on Printing and Distributing the Administrative Measures for Heat Stroke Prevention and Cooling Measures", workers who engage in high-temperature work are entitled to post allowances in accordance with the law.
02
The standard for the payment of high temperature allowance in Guangdong
The high temperature allowance in Guangdong Province is paid from June to October every year, and is paid for a total of 5 months. The standard of high temperature allowance in Guangdong Province is 300 yuan per person per month, and if the high temperature allowance needs to be converted according to the number of days according to the regulations, it is 13.8 yuan per person per day.
The Administrative Measures for the Payment of High Temperature Allowance clearly state that the normal working time wage and minimum wage standards do not include high temperature allowance. The employer shall not reduce the wages of the employee due to the payment of the high temperature allowance.
03
What is hot weather, hot work, hot weather work?
- High temperature weather refers to the weather with a daily maximum temperature of more than 35 °C issued to the public by the meteorological stations under the meteorological authorities at or above the prefecture and municipal level.
- High-temperature work refers to the operation with high air temperature, or strong thermal radiation, or abnormal working conditions accompanied by high air humidity (relative humidity ≥80%RH), and the wet-bulb black bulb temperature index (WBGT index) exceeds the specified limit.
- Hot weather work refers to the work that the employer arranges for workers to carry out in a hot natural meteorological environment during hot weather.
04
Who is entitled to the High Temperature Allowance?
- Enterprises, individual economic organizations, private non-enterprise units and other organizations within the administrative area of Guangdong Province (hereinafter referred to as "employers") arrange for workers to work from June to October each year; State organs, public institutions, and social organizations that arrange work for workers with whom they have established labor relations between June and October each year shall pay high temperature allowances in accordance with regulations.
- If an employee is engaged in open-air work and the employer is unable to take effective measures to reduce the temperature of the workplace to below 33°C (excluding 33°C), the employer shall pay the employee a high temperature allowance on a monthly basis, and specify the specific items and amounts in the wage list.
- In accordance with the "Implementation Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms" (Yue Ren She Gui [2022] No. 14), from June to October each year, high temperature allowances will be paid to eligible workers in new forms of employment (such as takeaway brothers, couriers, etc.) with reference to the relevant regulations of Guangdong Province.
05
Can't tell the difference between high temperature allowance and heatstroke prevention and cooling fee?
Many people will think that the high temperature allowance and the heatstroke prevention and cooling allowance are the same kind of benefits, and the two are different.
- For different groups of people: the high temperature allowance is for front-line workers working in indoor and outdoor high temperatures, and the heatstroke prevention and cooling fee is for all employees working in high temperature periods;
- The payment method is different: the high temperature allowance can only be paid in cash, and the heatstroke prevention and cooling fee can be paid in cash or goods can be distributed;
- The attribution type is different: the high temperature allowance is a part of the employee's salary, and the heatstroke prevention and cooling fee is a welfare and is not included in the total salary.
06
Can heatstroke prevention materials cover the heat allowance?
Employers shall provide workers who work in hot temperatures and in hot weather with sufficient heatstroke prevention and cooling drinks and necessary medicines that meet health standards.
Heatstroke prevention materials such as soft drinks provided cannot be used to offset the high temperature allowance.
07
Is there a summer heat allowance for night shifts?
If there is no high temperature day in June, can the high temperature allowance not be paid?
The conditions for the payment of the high temperature allowance depend only on:
- Whether the working environment is open
- Whether the working environment temperature exceeds 33°C
It does not depend on whether the working hours are day or night, and whether there is hot weather in the month. As long as the conditions for the payment of the high temperature allowance are met, the enterprise should pay the high temperature allowance to the employee.
08
What should I do if the unit does not pay high temperature allowance?
High temperature allowance is a part of labor remuneration (wages), and the payment of high temperature allowance is the legal obligation of the employer, not a "welfare" that can be paid or not. If the payment is not made in full, it shall be deemed to be in arrears or deducted wages
Where an employer violates the provisions of the Measures for Labor Protection in Hot Weather in Guangdong Province by failing to pay high temperature allowance to employees:
- The competent department of human resources and social security at or above the county level shall order corrections to be made within a set period of time and give a reissue; If the correction is not made within the time limit, a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed.
- The trade union of the enterprise or the local federation of trade unions has the right to submit opinions to the employer, and the employer shall make corrections in a timely manner. If the employer refuses to make corrections, the relevant trade union organization shall request the government and its relevant departments to handle it in accordance with law, and supervise the outcome of the handling.
09
Under what hot weather can I stop working?
- If the daily maximum temperature reaches 39 °C or above, outdoor work should be stopped on that day;
- If the daily maximum temperature reaches above 37 °C and below 39 °C (excluding 39 °C), the outdoor and outdoor working hours shall not exceed 6 hours throughout the day, and outdoor and outdoor work shall be suspended from 12 o'clock to 16 o'clock;
- If the maximum daily temperature reaches 35°C or more to less than 37°C (excluding 37°C), the employer shall shorten the continuous working time by changing shifts and taking breaks, and shall not arrange overtime work for workers working outdoors and in the open air.
10
Can I get work-related injury benefits for heat stroke?
Workers who suffer from heat stroke due to hot work or hot weather work and are diagnosed with occupational diseases are entitled to work-related injury insurance benefits.
Once a worker suffers from heat stroke, he or her on-site personnel shall immediately report to the employer, and the employer shall report to the local labor and social security department within 24 hours and submit an application for work-related injury determination;
For employees who have participated in work-related injury insurance, the medical expenses shall be paid by the work-related injury insurance fund;
For employees who do not participate in work-related injury insurance, the medical expenses shall be borne by the enterprise;
During the period when an employee is treated for work-related injuries such as heat stroke, the employer shall pay wages and corresponding subsidies according to the original standard during the period of suspension of work with pay.
Eligible but didn't get it
Employees and friends of high temperature allowance
You can pick up the phone to protect your rights
👇
Reports can be made by calling the numbers below
📞12333 (Labor Rights Protection Hotline)
📞12345 (Government Service Hotline)
📞12351 (Guangdong Federation of Trade Unions Service Hotline)
·
Foshan Press Editorial Department Source: Guangdong Provincial Federation of Trade Unions Editor: Huang Yingting Reviewer: Wen Aixia, Liu Yanjun