High temperature allowance, a neglected existence.

High temperature allowance is a familiar and unfamiliar existence for many people. I am familiar with it because my unit sends it every year, and it will also become a "selling point" for some employers to recruit and publicize. It is strange because many people don't know what the high temperature allowance is. Is the granting of high temperature allowance a humanitarian concern of the employer or an obligation that the employer should fulfill according to law? How should the high temperature allowance be paid? How much is it legal to pay every month? Is it employee benefits? Wait a series of questions, in fact, many people don't know.

1. How much is the high temperature allowance?

So what is the high temperature allowance? "Measures for the Administration of Heatstroke Prevention and Cooling" Article 17 Workers engaged in high-temperature operations shall 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. Article 11 The employing unit shall provide enough heatstroke prevention and cooling drinks and necessary medicines that meet the hygiene standards for workers working in hot and summer. Don't give money instead of providing heatstroke prevention and cooling drinks. Heatstroke prevention and cooling drinks shall not be used to offset the high temperature allowance.

Therefore, the high temperature allowance is for some special types of work, and only those who meet certain requirements can receive it; It is part of salary, not welfare, and should be included in the total salary and deducted from tax. Because the standard of high temperature allowance is 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, there are differences in the specific policies implemented in different places, but generally speaking, the time should not exceed the end of 10. Moreover, the high-temperature allowance is not within the minimum wage, and it must be paid in cash, not in kind such as drinks.

Second, this year's national high-temperature allowance standards The specific payment standards and deadlines for high-temperature allowances vary from province to province. The high temperature fees in other provinces and cities in China are roughly divided into two ways: monthly compensation and daily compensation. The following are the standards for granting high-temperature allowances in various places in 20 17. Feel at will:

Three, special post high temperature allowance is not issued, the employer shall bear the responsibility.

To sum up, the high temperature allowance, as an important right of workers, is stipulated in the Measures for the Administration of Heatstroke Prevention and Cooling Measures, which is an administrative regulation issued by the relevant departments in the State Council and is mandatory nationwide. The employing unit shall pay the high temperature allowance instead of paying it. If it violates administrative regulations, it shall bear corresponding legal responsibilities. Employees can defend their rights through legal channels. Moreover, as far as arbitration and prosecution are concerned, when employees advocate high-temperature allowance, it is different from the general stipulation that "who advocates who gives evidence", the enterprise has the obligation to give evidence. Nowadays, because of the diversification of employment methods, labor dispatch is becoming more and more common, and labor dispatch employees have become a group that cannot be ignored, and their rights and interests are different from those of workers. Is it consistent that employees have high temperature allowance in labor dispatch? According to the provisions of the Labor Contract Law, dispatched employees have the right to receive equal pay for equal work with the employees of the employing unit, and the employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched employees and employees in the same position of the unit. The obligations that the employer shall perform include "providing welfare benefits related to the job". If the unit fails to pay the high temperature season allowance according to the regulations, the employee may apply to the mediation organization for mediation, and the individual may also directly complain to the labor inspection department; You can call the hotline 12333 to report the phenomenon of unit hugging. Note: The acceptance factors of reporting complaints include the number of people involved, department, indoor/outdoor, indoor temperature and starting and ending time.