Subsidies For Landing Difficult Subsidies Vary Widely
In different units, there is a great disparity in the subsidy income between workers. When talking about some subsidized enterprises and institutions, the employees who are subsidized or have no subsidized units are "jealous and jealous".
Is there any legal basis for all kinds of allowance subsidies issued by employees?
Meal subsidies, car repair, housing subsidies, heating subsidies...
How much is it?
How can employees maintain evidence and safeguard their rights because of subsidies and disputes?
The fourth provision on the composition of total wages stipulates:
The total amount of wages consists of six parts: (1) time wages; (two) piece rate wages; (three) bonus; (four) subsidies and subsidies; (five) overtime pay; (six) wages paid under special circumstances.
The fortieth provision of Beijing wage payment stipulates:
The wages referred to in these Provisions refer to the remuneration paid by the employing units in the form of money to laborers, including time wages, piecework wages, bonuses, allowances and allowances, overtime wages and wages paid under special circumstances.
The second provision of Shanghai enterprise wage payment stipulates:
The wages mentioned in these Measures refer to the labor remuneration paid by the enterprises in the form of currency in accordance with the provisions of the state and the municipality, including time wages, piecework wages, bonuses, allowances, allowances, overtime wages, etc.
There is a kind of envy called "other people's family meal supplement", there is a kind of jealousy is "other people's family traffic", a kind of hate is "other people's house complement".
Reporters interviewed recently found that the impact of workers' money bags is not only what we usually call basic salary, bonus, overtime pay, but also various subsidies and allowances.
In different enterprises and institutions, the subsidy of workers varies greatly.
The subsidy is even more so, some employees can receive full allowances, some employers can not get the allowance.
Zhang Hengshun, Secretary General of the Beijing Institute of labor and social security law, told reporters that the allowance is to compensate employees for their extra and special labor consumption under special labor conditions and hardships.
The most common are high temperature allowance, low temperature allowance, night shift allowance, maternity allowance and so on.
However, a reporter's investigation found that these allowances were difficult to land at different levels in reality, and some allowances were even reduced to "paper rights".
According to the revised version of 2012
Management measures for heatstroke prevention and cooling measures
It is stipulated that, as long as the employer arranges the laborers in the high temperature weather above 35 degrees Celsius, and does not take effective measures to reduce the temperature of the workplace to less than 33 degrees Celsius, the workers should grant high temperature allowance to the workers and bring the total amount of wages.
Reporters in the interview found that for many front-line high temperature workers, the high temperature allowance is emphasized every year, and become "paper rights".
Some workers do not know that there is a high temperature allowance. Some even do not dare to assert their rights even if they know they are not.
In view of economic interests, enterprises deliberately circumvent this policy, simply do not mention or choose to substitute drinks, mung bean soup, sugar tea and other things.
In addition to the high temperature allowance, there is also a low temperature allowance.
In the "minimum wage regulations", it is clear that when the laborers provide normal labor, the wages paid by the employing units to the workers should not be lower than the local minimum wage standards when they are eliminated from the allowance of special working conditions such as middle class, night shift, high temperature and low temperature.
But according to reporters,
Low temperature allowance
The relevant departments have never issued specific policies, nor have they formulated relevant regulations on the protection of low-temperature operations.
Yin Fuqiang, a lawyer at Longan law office in Beijing, said that workers have the right to obtain labor safety and health protection under low temperature weather, which belongs to the right to rest right.
Many NPC deputies and CPPCC members have proposed relevant motions and proposals, but failed to promote formal low-temperature labor protection measures.
As regards the night shift allowance, the relevant regulations have not been issued at the national level, and the corresponding standards have been promulgated everywhere, but there are some uneven situations.
Local standard
It has even slept for 20 years.
For example, Shanghai, Jiangsu, Shandong and other places are still implementing the standards of the 90s of last century; Hunan carried out the 2005 policy; Hebei carried out the 2008 policy.
Night shift allowance has not been adjusted along with the level of wage increase, and even the workers have worked continuously for 12 hours and the night shift fee is at a minimum of 4.4 yuan.
In recent years, the problem of childbearing allowance has also attracted much attention.
At the NPC and CPPCC sessions in 2015, Sun Jie, vice chairman of the insurance Academy of the University of foreign trade and economics, said that through the analysis of the survey report on migrant workers in the past years, the insured rate of migrant workers' maternity insurance has been very low, only 2% in 2008, and only 6.6% in 2013.
At the two sessions of Guangdong province this year, Chen Qingsong, a member of the Guangdong provincial CPPCC member, also appealed: "we should implement the policy of maternity allowance as soon as possible so that the puerpera does not have to look at the face of the enterprise and get the maternity leave wages."
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