Recently, the high temperature in many parts of the country has become a hot topic. Some netizens reported that some enterprises replaced the high temperature allowance with watermelon and mung bean soup, and some places even defaulted on the high temperature allowance. So what should we do if we default on high-temperature subsidies? How can workers safeguard their rights correctly?
According to the survey, although more and more high-temperature workers protection orders have been issued throughout the country since this year, so that more and more workers can enjoy the high-temperature allowance policy, the situation that the high-temperature allowance is not paid in place still exists. Experts suggest that government departments should further strengthen the restriction on enterprises, ensure the implementation of relevant regulations, and practically safeguard the legitimate rights and interests of every worker.
'drink a bowl of dozens of yuan. "-- high temperature allowance was" boiled into "mung bean soup"
Recently, the Central Meteorological Station issued a continuous high temperature yellow warning, and the highest temperature in many places exceeded the historical extreme. Along with the weather warming up, there is the topic of 'high temperature allowance'. Many netizens reflect that the high temperature allowance is not in place. There is a phenomenon of replacing the high temperature allowance with watermelon and mung bean soup. Some netizens Tucao: "a bowl of mung bean soup dozens of pieces, really can not afford to drink." '
In fact, as early as 2012, the State Administration of work safety, the Ministry of health, the Ministry of human resources and social security and the all China Federation of trade unions jointly issued the provisions on the management of heatstroke prevention measures, which clearly requires employers to arrange workers to engage in outdoor open-air operations in high temperature weather above 35 ℃ and to take effective measures to reduce the temperature of workplace to below 33 ℃, they should send them The high temperature allowance is included in the total wage.
However, up to now, there are still some workers under high temperature who do not get their due rights and interests. On the Internet, there are netizens Tucao: "working abroad for so many years, do not know ‘ high temperature allowance ’ what is it?" 'more netizens said:' the unit doesn't pay (high temperature allowance), and I'm afraid I won't go to ask for it, lest I offend the leader because of a little money. '
According to the data of the special inspection on the violations of laws and regulations of the employing units carried out by the Ministry of human resources and social security this summer, by the end of July, 1142 employing units of all kinds were inspected in Xi'an, involving 30500 high-temperature workers, 27000 of whom received high-temperature allowance, and 11.5% of them still failed to receive high-temperature allowance on time.
Wang Hui, a lawyer from Beijing Jingshi law firm, pointed out that in recent years, the phenomenon of defaulting on high-temperature allowance has occurred frequently in various provinces and cities. In fact, as a part of labor remuneration, high-temperature allowance is not a "welfare" that can be dispensed but not not not be dispensed. As for the practice of replacing high-temperature allowance with heatstroke prevention food such as mung bean soup, watermelon or other related drugs, its nature is also a disguised violation of workers The legal rights and interests belong to the illegal act of back pay.
'mung bean soup, high temperature allowance. '-- many high-temperature worker protection orders issued
Since this year, policies or measures have been introduced in many parts of the country to raise the subsidy standard of high temperature allowance and improve the guarantee system of high temperature allowance.
The reporter learned that Jiangsu, Zhejiang, Jiangxi, Sichuan, Tianjin and other five provinces and cities have adjusted the high-temperature allowance standard one after another this year. After the adjustment, the high-temperature allowance standard of Jiangsu, Zhejiang and Jiangxi has risen to 300 yuan per person per month or no less than 300 yuan, which has jointly refreshed the highest standard of 240 yuan per person per month previously maintained by Shanxi and Jiangxi.
Recently, the Department of human resources and social security of Jiangsu Province issued the notice on doing a good job in the payment of high-temperature allowance, requiring employers to clarify the specific post types of work and payment methods of high-temperature allowance in their own units by means of collective negotiation, signing collective contracts, and formulating rules and regulations according to law. It is also stipulated that if the employer fails to pay the high temperature allowance as required, the worker may report the complaint to the human resources and social security department, or apply for mediation, arbitration or litigation according to law.
Recently, Shanxi Provincial Department of human resources and social security also issued a reminder to the employers of the province that the high-temperature allowance should be paid in accordance with the regulations to avoid falling into the wrong area: first, it is not allowed to offset the high-temperature allowance with mungbean soup and other materials; second, it is not allowed to refuse to pay the high-temperature allowance on the basis that the employees work in the high temperature for a few hours; third, it is not allowed to calculate the high-temperature allowance within the minimum wage standard.
Wang Hui pointed out that at present, the laws and regulations on the payment of high-temperature allowance have been relatively perfect, and the most important thing is to let it be implemented specifically. Therefore, the relevant departments must strictly restrict the enterprise according to the system, and take the initiative to supervise the implementation of high-temperature allowance in the enterprise.
Experts suggest that the government should strengthen the restraint and the workers should cultivate the awareness of safeguarding rights
Han Xu, a lawyer from Beijing Zhizhou law firm, believes that the phenomenon of enterprises defaulting on workers' high-temperature allowance is not only prohibited repeatedly, but also due to the lack of local punishment for illegal enterprises. Enterprises believe that the cost of breaking the law is low and it is easy to break the law.
Han continued that whether enterprises pay high-temperature allowance in accordance with the regulations can not always be claimed by workers themselves or obtained through reporting, but should be consciously implemented by enterprises. To make enterprises do this, relevant departments must strictly inspect and urge them in accordance with relevant laws and regulations, and employers who violate the regulations and infringe the labor security rights and interests of workers should be ordered to change according to law Severe punishment will be given so as to ensure that enterprises do not play tricks in paying high-temperature allowance.
Wang Hui suggested that workers should dare to take active actions when finding that the employer has failed to fulfill its obligations, such as complaining to the labor supervision department in time and reporting to the labor union. At the same time, we should improve our litigation ability and evidence awareness, and keep time sheets, weather forecasts and other effective evidence that our working environment has reached the standard of high-temperature subsidies.
Relevant experts said that the problem of defaulting on high-temperature subsidies involves enterprises, workers and the government. To solve this problem, human resources and social security, safety supervision, health, trade unions and other departments must work together to safeguard the legitimate rights and interests of the people.
In addition, experts also stressed that all regions should make clear the specific methods and rules of the high-temperature allowance. Only by improving various' high-temperature benefits', can the high-temperature allowance no longer have fuzzy space, and can the majority of workers no longer worry about it.