Heating Allowance Is A Welfare Unit. Is There No Reason?
In the beginning of winter, the temperature is decreasing, and the temperature has dropped down in many places. Some places in the north have even started heating. Then most cities in the north will gradually enter the heating season.
What are the subsidies for heating costs? Must the units be issued? Can the workers' asking for heating fees be supported by the courts?
"Does your unit issue heating bills?"
"Can I enjoy heating allowance?"
...
Heating allowance in winter is a system implemented by our country in the 50s of last century.
At that time, it refers to a fee paid by the state government agencies and employees of enterprises and institutions in winter.
Moreover, the heating allowance is borne by the unit, that is, heating equipment, giving away heating costs, and no heating equipment.
subsidy
At the cost, the personnel department of each unit is responsible for the compilation.
At that time, heating subsidies were a kind of welfare for employees of state organs and enterprises (enterprises owned by the whole people).
For private or private enterprises, whether there is a heating allowance for employees, there is no mandatory provision in our laws. These enterprises can decide on the basis of their own business conditions.
In addition, the notice of the State Administration of Taxation on the deduction of wages, salaries and welfare benefits for employees of the State Administration clearly stipulates that the staff welfare benefits stipulated in the fortieth regulations of the implementation of the Enterprise Income Tax Ordinance include the following contents: subsidies and non monetary benefits for workers' health care, life, housing, pportation, etc., including the expenses paid by the enterprise to the workers for medical expenses in the field, the medical expenses for the workers in the medical co ordinates, the medical subsidies for the staff members, and the subsidies for heating expenses.
This means that heating costs belong to
Employee benefits
Scope.
With the development of the society, the government has gradually listed heating as a problem of the people's livelihood.
Under the condition that the state has not yet issued a unified regulation, the governments of various provinces and municipalities have increased heating support efforts, and the government has helped to solve some heating problems and give relief fees to the low insured households, especially the difficult families.
Moreover, in order to promote the reform of heating physique, change the subsidy way of heating fee for residential residents, ensure that the household heating of clean energy is used to keep the residents warm in winter, the local government will give some heating subsidies to the residents who are in line with the policies promulgated by the local governments.
It is worth noticing that with the reform of heating constitution in our country, "hot" has become a commodity, and heating is going to be market-oriented and commercialized. Heating subsidies will be pferred from "covert subsidy" to "bright subsidy". The heating allowance of staff and workers in institutions and institutions will be paid in October each year, and the heating enterprises will directly charge users for heating costs.
How many people can get heating subsidies? How much heating allowance should each person get? For these problems, there is no uniform stipulation in China, and the regulations of provinces and municipalities are not the same.
Taking Beijing as an example, Beijing Labor Bureau, Beijing finance and Taxation Bureau, and Beijing Housing Authority's notice on the issue of subsidies for staff quarters in winter stipulates that the main body of heating subsidies in Beijing is the enterprises owned by the whole people, public institutions, state organs, people's organizations and other units.
In addition, for other types of enterprises or employers, heating allowance is a welfare issued by the employer to employees, and it has the right to decide whether to grant or not according to its own operating conditions, and does not have legal compulsion.
If these employers use the "heating allowance" and
Workers
If a worker has any evidence to prove that the employer has defaulted on his own expenses, he may file an arbitration request with the labor arbitration department for heating allowance. If he fails to accept the arbitration, he may bring a suit in the people's court. If the employer and the employee have no agreement on heating allowance, the worker shall not have the right to require the employer to pay the heating allowance, and such disputes are not within the scope of the labor dispute.
When the employer and employee (including retirees, retired employees and incumbent personnel) have heating subsidies, the labor dispute arbitration committee and the people's court shall be accepted.
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