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    Law: On Rainy Days, It Is Also Necessary To Prevent Sunstroke And Reduce Temperature.

    2015/8/1 21:28:00 5

    Rainy DaysHeatstroke And Cooling Down

    The conditions for the payment of high temperature allowance only depend on whether the working environment is outdoor, the temperature of the working environment is not related to whether or not to work on the night shift. If the workplace temperature reaches 33 C during the night shift, the high temperature allowance should be obtained.

    The reporter learned from the provincial housing office that the high temperature continued on the dog days, and that the heating and cooling fees could not be discounted or withheld due to low temperatures and rainy days.

    Provincial housing office reminded. heatstroke prevention subsidy The standard is time instead of temperature, and the high temperature allowance depends on the conditions. The implementation time of heatstroke prevention and cooling fee is from June 15th to September 15th (the execution time in Northern Shaanxi is from June 15th to August 15th), and the outdoor workers are 10 yuan per person per day and 6 yuan per person per day. The high temperature allowance is from June 1st to September 30th each year, which is 10 yuan per person per day. All kinds of enterprises arrange workers to work in the open air under high temperature weather (above the maximum daily temperature of 35 degrees Celsius), and can not take effective measures to reduce the temperature of workplace to below 33 degrees Celsius (excluding 33 degrees Celsius). Enterprises should pay high temperature allowance to laborers.

    It is reported that everyone has the cost of heatstroke prevention. High temperature allowance Temperature conditions must be met. If Worker At the same time, it meets two conditions, not only can enjoy the heating and cooling fees, but also can receive high temperature allowances.

    High temperature allowances are not included in the minimum wage standard; heatstroke beverages and drugs are not allowed to be charged to high temperature allowances; night shifts can also receive high temperature allowances.

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    Should units pay their employees' financial compensation after they have been revoked their business licenses? Who will pay for them?

    Yin went to work in a factory in Ji'nan in 1984. Because of its difficulties in operation, he no longer went to work in 1996. In 1999, the factory signed a contract for the property rights transaction with a company in Ji'nan, and agreed that the company could buy off the whole property rights of the plant at a time by undertaking the debt. In June 2010, the company received 19 million yuan of land, housing compensation, relocation of related enterprises, personnel resettlement and so on. In January 5, 2012, the factory was revoked by the administrative department for Industry and commerce. In September 10, 2013, Yin complained to the Ji'nan City Central Labor and personnel dispute arbitration committee, and asked the factory and the company to pay financial compensation. After the admissibility of the Arbitration Commission, Yin went to the central district court.

    The court held that the labor contract was terminated according to the forty-fourth clause and fifth provision of the labor contract law, where the employer was revoked the business license. Forty-sixth articles sixth and forty-seventh stipulate that in accordance with the fifth provisions of the forty-fourth articles of this law, the employer shall pay economic compensation to the laborer. Economic compensation is paid to laborers according to the number of years worked by the laborers in their units, and the standard of 1 months' wages paid every 1 years. The maximum period of economic compensation to workers is not more than 12 years. The monthly wages mentioned in this article refer to the average wages of laborers in the 12 months before the termination or termination of labor contracts. In this case, the factory was revoked its business license in January 5, 2012, and the labor relationship between yin and the factory was terminated according to law. The factory should pay the economic compensation for 12 months' wages in accordance with the law. Because Yin did not go to work for many years, his request was based on the last year of the termination of labor relations, that is, the minimum wage standard of Ji'nan in 2011, which was 1100 yuan. There was no improper calculation. The factory should pay an economic compensation of 13200 yuan in accordance with the law. After the company has been revoked its business license, the company has received the whole property right, but has not liquidated it according to law. It should be jointly and severally liable in accordance with the law. Accordingly, the court decided: the factory paid Yin yuan economic compensation 13200 yuan, the company bears joint and several liability.


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    Statement: Business License Is Revoked Still Need To Pay Staff Compensation.

    According to the forty-fourth clause and fifth provision of the labor contract law, if the employer has been revoked the business license, the labor contract shall be terminated. Forty-sixth articles sixth and forty-seventh stipulate that in accordance with the fifth provisions of the forty-fourth articles of this law, the employer shall pay economic compensation to the laborer.

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