High Temperature Operation: Safeguarding Workers' Health And Related Rights And Interests

Since June, many regions of China have entered the summer high temperature period.

However, some rights and interests are often "shrunk" by employers, and many employees do not know if they are.

No matter what the reason is, the relevant rights and interests are "one can not be less".

Heatstroke drink: no discount should be allowed.

[case] in June 17th 2016, a weather forecast issued by a meteorological station to the public said that the highest temperature on the local day reached 36 degrees Celsius. However, the 17 women workers in Liu Shulan and other companies not only kept them working outside the house, but also refused to face their requests for adequate drinking water and hot summer cooling drinks and essential medicines such as Patchouli Zheng Shui.

The reason is whether they need to drink, what to drink or how to drink.

When the company has already paid wages for them, they can only take care of their own needs in order to meet their physiological needs and prevent unnecessary diseases.

[statement] the company's approach is wrong.

The regulations of the State Administration of work safety and General Administration, the Ministry of health, the Ministry of human resources and social security and the all China Federation of trade unions jointly formulated the ninth regulations and the eleventh regulations governing the measures to prevent heatstroke.

"Employers should provide adequate and hygienic standards for heaters and essential medicines for workers working in high temperature and hot weather.

No money can be used to replace heatstroke beverages.

Summer heatstroke beverages should not be charged to high temperature allowance. "

The high temperature weather refers to the weather of the highest temperature above 35 degrees Celsius released to the public by the meteorological stations (stations) above the municipal level and above. The high temperature weather operation refers to the arrangement of the workers in the high temperature and natural weather environment during the high temperature weather.

Because the case is consistent with the requirements of high temperature and hot weather operations, the company is not allowed to shirk its responsibilities and deduct expenses.

[case] Wang Fuming and other 6 people are field workers of a company.

Whether outdoor temperature is above 35 degrees Celsius, they must carry out outdoor operations as usual.

In June 20, 2016, Wang Fuming, who had been working outside the high temperature environment for a week, learned that after the "high temperature allowance" was issued, he asked the company to issue it.

However, the company clearly stated that there was no precedent in the past. If an exception were to be made, it would be apparent that the workload they had completed every day could be granted if it was obviously overproductive, otherwise, the company would not grant the company no more benefit.

The company's point of view is wrong.

The seventeenth provision of "measures for preventing summer cooling measures" stipulates: "when workers engage in high temperature operations, they shall enjoy post allowance according to law.

Employers should arrange for workers to engage in outdoor outdoor operations at high temperatures above 35 degrees Celsius, and can not take effective measures to reduce the temperature of workplace to below 33 degrees Celsius.

The high temperature allowance standard is formulated by the provincial human resources and social security administrative department in conjunction with the relevant departments, and timely adjusted according to the social and economic development.

That is to say, the payment of high temperature allowance does not depend on whether the worker completes the production task. As long as the worker is engaged in outdoor outdoor operations at high temperatures above 35 degrees Celsius, or the employer can not take effective measures to reduce the temperature of the workplace to below 33 degrees, even if the worker fails to complete the production task, the employer must fulfill the statutory obligation of issuing the high temperature allowance unconditionally.

Correspondingly, the company must also pay the amount, and not set the conditions for issuing it.

Wages should be paid as usual.

[case] because of the special nature of his job and his post, Tang Shaozhong and other 9 people can only work outside the open air.

From June 21, 2016 onwards, in view of the continuous high temperature in the locals, in order to avoid the undue losses caused by heatstroke and other injuries caused by high temperature, the company decided that from the day when the maximum temperature reached above 40 degrees Celsius, people could stop working and arrange their own rest.

However, because rest means no work and can not create corresponding benefits for the company, the corresponding wages will be deducted according to the number of days during the rest period.

Tang Shaozhong and others have raised objections, but the company is opinionated.

[argument] the company can not afford to pay wages.

The weather forecast issued by the meteorological department of the meteorological department at the above level shall adjust the operation time on the same day, except that the safety of the personal property and the public interest need to be dealt with urgently except that the maximum daily temperature is above 40 degrees Celsius, and the outdoor outdoor operation should be stopped. When the maximum daily temperature reaches above 37 degrees Celsius or below 40 degrees Celsius, the employing unit shall arrange for the whole day to arrange the outdoor outdoor working hours of the workers not to exceed 6 hours, the continuous operation time shall not exceed the national regulations, and the outdoor outdoor operation shall not be arranged within 3 hours of the maximum temperature period. When the maximum daily temperature reaches 35 degrees Celsius or below 37 degrees Celsius, the employing unit shall take the way of changing the liner to rest, so as to shorten the continuous working time of the workers, and shall not arrange overtime work for outdoor outdoor workers. Because the eighth items (1) and (four) of the administrative measures for preventing heatstroke and Cooling Measures stipulate: "the employing units should be based on the market."

"Employers must not deduct or lower the wages of workers because of the high temperature weather and the shorter working hours."