New Regulations On High Temperature Allowances In Shanghai Escort Employees

Recently,

The Municipal Bureau of human resources and social security issued the notice on how to make the summer high temperature allowance issued in the city (Shanghai People Association Zong Fa [2016] 23).

The high temperature allowance is to compensate workers for extra labor expenses and extra living expenses under special conditions.

Workers who consume large labor under high temperature should be more material compensation and spiritual encouragement than other workers.

Although the city does not provide administrative penalties for the implementation of high temperature subsidies, such as Chongqing and other places, the legislative level of the existing provisions needs to be improved.

Since the summer of 2007, the city has implemented a unified high temperature season allowance, which is not less than 10 yuan per day under high temperature.

At that time, the weather was really expensive.

From the summer of 2011 to "monthly payment", the standard is 200 yuan per month.

But in June of last year, there was no hot weather in the city. Some enterprises took the excuse as an excuse not to work in the open air under high temperature, thus refusing to pay high subsidies to workers, which led to social controversy.

For this reason, the latest civilization No. 23 is: "every year the enterprise arranges the workers' open-air work from June to September and fails to take effective measures to reduce the workplace temperature below 33 degrees Celsius (excluding 33 degrees Celsius). The summer high temperature allowance should be paid to laborers, the standard is 200 yuan per month."

Summer

The conditions of the release depend on whether the workplace is open or indoor temperature is reduced to below 33 degrees Celsius, and has nothing to do with the temperature of the month.

Key words 1

Issuing body

According to

"Article second, enterprises in People's Republic of China, individual economic organizations, private non enterprise units and other organizations are called employers.

23 civilization, although the main body of the summer high temperature allowance is the enterprise, but "the employer's individual economic organization, private non enterprise and other employing units are referenced."

Individual industrial and commercial households are natural persons who are permitted to register and engage in industrial and commercial operations within the limits permitted by law.

Private non enterprise units refer to social organizations, such as private kindergartens, private primary schools, secondary schools, universities, private hospitals, sanatorium, private art performing groups, private welfare homes, etc. organized by non-profit organizations, social organizations and other social forces and citizens.

The individual economic organizations and private non enterprise units of the city shall, like enterprises, refer to the provisions on the issuance of high temperature fees, but the organs and institutions do not refer to the implementation.

Keywords two

Issue object

The target of summer high temperature allowance is workers who meet the conditions of payment.

In actual operation, some units distribute high temperature allowance not only with the labor intensity under the high temperature, but even according to the "level" and "Compiling".

High temperature allowance has become a sign of identity. Some so-called "temporary workers", labor dispatched employees and so on are not entitled to high temperature allowance. In some places, some local workers have even had to apply for the dismissal of high temperature allowances, which infringe the legitimate rights and interests of the workers.

The amendment to the labor contract law promulgated in December 28, 2012 stipulates that "the workers who are dispatched have the right to equal pay for equal work with the workers in the employing unit."

The employing units shall, according to the principle of equal pay for equal work, apply the same labor remuneration distribution method to the workers who are dispatched to the similar positions of their own units. "

At the same time, stipulates that the contents of the labor contract and labor dispatch agreement do not conform to the provisions of the same labor remuneration distribution method according to the principle of equal pay for equal work, and shall be adjusted from the date of the publication of the case.

The Interim Provisions on labor dispatch clearly states: "the employing units shall, in accordance with the sixty-second provision of the labor contract law, provide the dispatched workers with welfare benefits related to their jobs, and shall not discriminate against the dispatched workers."

The employing unit is responsible for attendance and heatstroke prevention, so the payment by the employing unit is also reasonable.

But for this problem, it is best to stipulate clearly in the relevant agreement between the three parties involved in employment.

However, the high temperature allowance for these employees can not be implemented because of the mutual evasions between employment and employers.

Keywords three

Payment conditions

For the condition of high temperature payment, No. 23 is civilized: "every year, the enterprise arranges the workers' open-air work from June to September, and can not take effective measures to reduce the workplace temperature below 33 degrees Celsius (excluding 33 degrees Celsius). The summer high temperature allowance should be paid to the laborers, the standard is 200 yuan per month.

For the special circumstances which are difficult to determine the nature of the workplaces, enterprises should rationally formulate the distribution methods according to the actual democratic management procedures such as collective wage consultation.

The condition of summer high temperature allowance is to work on high temperature posts.

What is the high temperature post? First, the outdoor work post, two is unable to take effective measures to reduce the temperature to 33 degrees below (33 degrees) workplace.

Someone asked, "is there any high temperature fee for the night shift workers?" if they belong to the above two posts, they should also pay high temperature fees.

But some workers say that their jobs are "half in the open air". Should they pay high fees? Because there are different views on which jobs and employers can enjoy the high temperature allowance, there are many differences in the situation of each unit.

For this reason, No. 23 civilization is really: "for the special circumstances that the nature of the workplaces of labourers is difficult to ascertain, the employing units should rationally formulate the distribution methods in combination with the reality and through democratic management procedures such as collective wage negotiations."

In the special provisions of the newly revised Shanghai collective contract Ordinance last year, it was clear that the contents of the collective bargaining of wages, including bonus, allowance and subsidy, were included.

In regard to the issue of whether the workers' high temperature fees will be issued or not and how to balance them with other jobs in the "half open operation", the trade union can negotiate on an equal footing on behalf of the staff and the administration, and formulate a fair and reasonable concrete plan.

If the enterprise refuses or delays collective bargaining without justifiable reasons, according to the newly revised Shanghai collective contract Ordinance, the Federation of trade unions or a rectification proposal shall be issued, and the human resources protection department will order the rectification to affect the social stability.

Since then, if the enterprise still ignores and refuses to correct, according to the provisions of the city's public credit information management, this illegal information will be included in the city's public credit information service platform.

Keywords four

Issuing standard

Although the standard of 200 yuan per month stipulated by the relevant departments of Shanghai has not been raised this year, it needs to be pointed out that this is only the minimum allowances for high temperature seasons.

Enterprises should also establish a subsidy system for the high temperature season according to the characteristics and specific conditions of production and operation, and rationally determine the standards and implementation methods of subsidies for high temperature seasons through democratic consultation.

For the sick workers, such as sick leave and other abnormal attendance workers, the high temperature fee can be calculated on a monthly average of 21.75 days.

It is also necessary to note that after deducting the high temperature allowance and other items, the actual monthly salary of workers can not be lower than the minimum wage standard.

From April 1st this year, the monthly minimum wage in Shanghai has been adjusted to 2190 yuan.

Some employers put the high temperature allowances into the minimum wage, in fact, "secretly" the legal minimum wage of the workers, which should be stopped.

Keywords five

Nature of subsidy

Originally, Jiangsu, Guangdong and Fujian all stipulated that the high temperature expenses should be included in the cost of enterprises and deducted before the enterprise income tax.

For example, the notice on the promulgating of the high temperature subsidy standard of Guangdong stipulates: "the high temperature allowance standard shall be issued in June, July, August, September and October, and be included in the cost of the enterprise."

Beijing, Sichuan and other places are different.

For example, the notice of Beijing Municipality on further work on summer heat prevention in workplaces provides that "the high temperature allowance is part of the wages of workers, and should be included in the total wages of enterprises."

Shanghai's original high temperature season allowance is "labor protection nature", and in fact it can not be included in the total wage.

In June 2012, the four departments of the State Administration of work safety, the Ministry of health, the Ministry of personnel and social affairs and the National Federation of trade unions issued the "measures for the management of heatstroke prevention measures" ([2012]89).

However, in recent years, some units in Shanghai still played the "edge ball".

But for cash subsidies, tax laws and finance are generally not considered as welfare payments, but they are included in the total amount of wages.

The high temperature allowance is also a general trend.

But this year's Shanghai 23 civilization, summer high temperature allowance should be included in the total wages of employees.

This is the announcement: the enterprise "edge ball" hit the end of this year.

This means that the summer high temperature allowance will be included in the taxable base, and the high temperature allowance should also be included when calculating the economic compensation and the social insurance premium base for the termination of the labor contract.

As for the calculation basis of vacation pay and overtime pay such as marriage leave, funeral leave and family visit, according to the "payment method of enterprise wages in Shanghai", "if the labor contract has an agreement, it shall be determined according to the wage standard corresponding to the position (position) of the laborer stipulated in the labor contract."

The corresponding wage of a post (position) generally refers to basic salary and post wage, rather than summer high temperature allowance.

Keywords six

Matters needing attention

Civilization No. 23: employers should continue to do a good job in the supply of refreshing beverages at the same time while providing summer high temperature allowances.

Due to the high temperature environment, the human body sweat a lot, resulting in loss of body water and potassium and sodium, which can cause disorder of water and salt metabolism. Only by supplying enough salty drinks can we compensate for the loss of water and salt. Therefore, it is always one of the "homework" for labor protection to guarantee the supply of on-site cool drinks for workers at high temperature.

According to the national mandatory standard "Hygienic standard for industrial enterprises", workers in hot season should supply salt and cool drinks (salt content is 0.1%-0.2%) and drink water temperature should not exceed 15 degrees Celsius in hot season.

At the same time, enterprises, especially those engaged in high temperature operations and outdoor operations, should work out a reasonable rest and rest system. When the temperature reaches 35 and above, the working hours can be adjusted and shortened according to the actual situation.

When the temperature reaches 38 and above, the working environment can not meet the extreme high temperature conditions except for the important industries such as the national economy and the people's livelihood, urban operation safety and people's basic life.