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    There Is A Kind Of Warmth Called "Low Temperature Allowance".

    2016/12/22 21:49:00 19

    Low Temperature AllowanceLabour LawLaw

    Although the relevant provisions of the labor and social security department have explicit requirements for the low temperature allowance, individual provinces have also formulated relevant standards, but in practice, these benefits are only "paper rights" and have not been implemented.

    The author consulted the relevant laws and regulations, found that in the labor law, there are provisions on "employing units must provide workers with labor safety and health conditions and necessary labor protection supplies in line with state regulations"; in 2015, the ministries and commissions of the State Health Planning Commission, the Ministry of personnel and social affairs promulgated the revised catalogue of occupational hazards classification, and classified "low temperature" as one of occupational hazards.

    The lowest allowances for the Ministry of labour and social security were introduced in 2004.

    wages

    Regulation: under the condition of normal labor provided by the workers, the wages paid by the employing units to the workers should not be lower than the local minimum wage standards after the allowance is removed from the special working environment such as the middle class, night shift, high temperature and low temperature.

    Beijing, Shanghai, Ningxia and other places also mentioned low temperature allowances when formulating minimum wage standards.

    Shanghai explicitly stipulates that allowances under the low temperature working environment are not part of the minimum monthly wage, and the units should pay separately according to the regulations.

    In October 2013, the the Inner Mongolia Autonomous Region joint office of human resources and social security, the autonomous region safety production supervision and Administration Bureau, the former autonomous region health department and the autonomous regional Federation of trade unions issued the document, which stipulated the high temperature and high temperature post allowance standard for outdoor work in high temperature and cold weather.

    Among them, the range of subsidies for alpine jobs is: workers who work for 4 hours or more in the cold weather below 25 degrees Celsius (below).

    Relevant staff of the the Inner Mongolia Autonomous Region people's social hall said that the payment standard for the high temperature and cold post allowance was formulated according to the characteristics of Inner Mongolia, and the standard of high temperature and cold weather was determined according to meteorological data.

    According to regulations, alpine job allowance should be distributed monthly, 230 yuan per month.

    The employer can appropriately adjust the regional allowance standard according to the difference of the natural climate in the operation area, but it must not lower than the standard of 230 yuan per month.

    The author found in Heilongjiang, Beijing, Anhui, Hubei and other places that some workers working in cold environment did not enjoy the low temperature stickers, many people did not even know the existence of such allowances.

    In mid November, the highest temperature in China's Arctic Mohe County County in Heilongjiang province was nearly 20 degrees Celsius.

    Wang Xiulong is the postman of China's most northern post office, the Arctic Village Branch of Mohe County post office, which has been working for more than 10 years.

    "Low temperature allowance? I never heard of it!" Wang Xiulong said. "Every year from late December to early January, there is nearly a month's maximum temperature below 30 degrees Celsius."

    "The postman works outside the house for about four hours a day, and the outdoor working temperature reaches 40 degrees below freezing at the coldest time. The unit will produce cotton clothing and other supplies, but the cold allowance is really not."

    Yu Xia, director of the branch office of the Arctic Village Branch of Mohe County County post office, Heilongjiang, said.

    So, what is the situation in those standards? I learned that although the standard has been issued for more than 3 years, due to various reasons, there is still a relatively small amount of cold subsidy in Inner Mongolia, because the situation of 4 hours (inclusive) of outdoor continuous operations under 25 degrees Celsius (below) is not large.

    The Inner Mongolia Autonomous Region Root River City is known as "China cold pole".

    The director of the Bureau of human resources and social security of Gen He City said that the local winter sanitation workers in the morning and afternoon worked for more than 2 hours and had not yet reached the standard of issuing allowances.

    The author understands that due to the special geographical location and climatic conditions of Heilongjiang Province, in the late 80s and early 90s of last century, the Ministry of Personnel approved Heilongjiang to set up a standard allowance of 45 yuan per person per month, which includes government enterprises and institutions.

    In 2006, the state carried out the work of cleaning up allowances and subsidies, and Heilongjiang's cold allowance was suspended.

    The author found that outdoor workers such as sanitation workers, couriers and other outdoor workers usually distribute warm clothing.

    Beijing's recent minimum temperature has been below 10 degrees Celsius, and Wang, who has worked in the sanitation industry for more than 3 years, says that the unit will wear gloves, hats and uniform clothing in winter, but has not heard of the low temperature allowance. "There is such a good thing. We have never had it before."

    I dial the service hotline of the Beijing Municipal Bureau of social affairs, and the staff said that the high temperature allowance is currently provided for, but there is no definite provision for the low temperature allowance.

    Insiders said that although the relevant departments have issued relevant regulations or notices, these Provisions have neither coercive nor detailed standards. If employers do not take the initiative, the regulations will be nominal.

    In contrast to the low temperature subsidy, the state has clearly stipulated the high temperature allowance and urged all employers to issue the regulations.

    However, due to the lack of specific and specific policy requirements, there are few regulations on low temperature subsidies.

    Insiders pointed out that in recent years, extreme weather is increasing day by day, and the protection of labourers under outdoor hardship should be strengthened.

    Wuhan, Harbin and other people's Bureau staff said, for the low temperature allowance, the state has not issued a uniform and clear policy, only mentioned in the minimum wage provisions, the employer allowance payment no basis, the regulatory department's law enforcement is random.

    Yu Xia said, "we also have payment.

    Low temperature allowance

    The postal company can not adjust wages as a state-owned enterprise, but also needs to have policies on top.

    Yu Dexue River, the deputy director of the Beijing Municipal People's Congress and the director of the Tongzhou District Landscaping Bureau, said at the beginning of Beijing's two sessions that under extreme cold weather, the front-line workers, including landscaping, sanitation, traffic police and other industries, all need to work in the open air. It is necessary to send low temperature allowances to workers in these industries.

    Zhao Ruizheng, a researcher at the Heilongjiang Academy of Social Sciences, said that the environmental indicators of labourers in the labor process, which exceed the limits that the normal human body should bear, will cause damage to human health and require certain subsidies to workers.

    Hao Jiyong, director of Shandong Jing Lu law firm, has been concerned about the protection of workers' rights and interests for a long time. He thinks that China's vast territory, such as Hainan and Northeast China, is very different in winter temperature. It is unlikely that national uniform laws and regulations or rules and regulations will be formulated for low temperature labor protection.

    The state should design the basic system of low temperature allowances, and refine the relevant provinces, and formulate local regulations or rules and regulations.

    Experts pointed out that the setting of temperature and working hours of cryogenic allowances should be concretely stratified so as to facilitate the operation of grass-roots units.

    At the same time, a group of people who work in low temperature environment regularly organize targeted free medical examinations, discover timely treatment of diseases, and incorporate diseases caused by labor under low temperature conditions.

    Occupational Diseases

    Prevention and control category.

    Gai Zhiyi, a professor at the school of Humanities and Social Sciences, Inner Mongolia Agricultural University, suggests that the relevant departments should strengthen the research on the standard of Alpine post allowance which has been formulated, improve the relevant standards from the perspective of promoting policy implementation, and intensify labor law enforcement, and earnestly safeguard the legitimate rights and interests of workers.

    For more information, please pay attention to the world clothing shoes and hats and Internet cafes.


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