Yesterday, it was hot, a worker was carrying construction materials at the construction site, sweating profusely. Xinhua News Agency

Special inspections in various places found that some workers who work in high temperatures still did not receive high temperature allowances

Recently, the Central Meteorological Observatory has issued yellow high temperature warnings for many consecutive days, and the highest temperatures in many places have broken historical extremes. Reporters found that since this year, five provinces and cities, including Jiangsu, Zhejiang, Jiangxi, Sichuan, and Tianjin, have successively adjusted the standards for high temperature allowances, among which Zhejiang and Jiangxi have also simplified the calculation and payment methods. Special inspections by labor inspection departments in various places this year found that some workers who work in high temperature still did not receive high temperature allowances.

Many places adjusted high temperature allowance policies

The Management Measures for Heatstroke Prevention and Cooling Measures issued in 2012 stipulate that if an employer arranges workers to engage in outdoor work in high temperature weather above 35¡æ and fails to take effective measures to reduce the temperature of the workplace to below 33¡æ, the employer shall pay high temperature allowances to the workers and include them in the total salary. The standard for high temperature allowances shall be formulated by the provincial human resources and social security administrative department in conjunction with relevant departments, and shall be adjusted in a timely manner according to the social and economic development situation.

Since the beginning of this year, five provinces and cities, including Jiangsu, Zhejiang, Jiangxi, Sichuan and Tianjin, have successively adjusted the standards of high temperature allowances, making it the year with the most provinces adjusting after 2013. The reporter found that since the issuance of the Management Measures for Heatstroke Prevention and Cooling Measures, at least 22 provinces, autonomous regions and municipalities have adjusted the standards of high temperature allowances.

After the adjustment this year, the standard of high temperature allowances for high temperature workers in Jiangsu and outdoor workers in Zhejiang enterprises is 300 yuan per person per month, and Jiangxi has set a baseline of no less than 300 yuan for high temperature workers, jointly refreshing the highest standard of 240 yuan per person per month previously maintained by Shanxi and Jiangxi. The standard of high temperature allowances in Sichuan Province has also been raised from 8 to 12 yuan per person per day to 10 to 18 yuan per person per day. Tianjin has made dynamic adjustments based on the average salary of employees in the city last year, and the standard has been raised from 29 yuan per person per day to 31 yuan per person per day.

Some provinces have explored simplified calculation and payment methods. For a long time, the policies for the issuance of high temperature allowances in various places have been different. In terms of calculation methods, some are calculated monthly, some are calculated daily or even hourly; in terms of work positions, some also distinguish between outdoor work, indoor high temperature work, and indoor non-high temperature work.

This year, Zhejiang Province simplified the previous three standards for high temperature work, non-high temperature work, and general staff in enterprises into two categories: outdoor and indoor staff of enterprises. Indoor staff can also receive a high temperature allowance of 200 yuan per person per month. Jiangxi allows employers to choose the calculation method of high temperature allowances on their own, which can be calculated monthly or daily. For part-time employment, a calculation standard of no less than 3 yuan per hour is also stipulated.

Some people still cannot receive high temperature allowances

It is understood that in recent years, the Ministry of Human Resources and Social Security has organized special inspections on employers' compliance with labor and employment and social insurance laws and regulations in China every summer, and high temperature allowances are one of the inspection focuses. This year's special inspection is in progress.

By the end of July, Xi'an City had inspected 1,142 employers of all types, involving 30,500 workers in high-temperature operations, of which 796 employers paid high-temperature allowances to 27,000 workers, and 11.5% of the workers did not receive the high-temperature allowances on time; the Nanjing Labor Supervision Department has coordinated and handled 154 cases through high-temperature law enforcement inspections, helping more than 500 workers solve practical problems.

A relevant person in charge of the Dongguan Human Resources Bureau of Guangdong Province said that this year's special inspection is still ongoing. Last year, 4,017 employers were inspected, and 22 of them did not pay high-temperature allowances according to law, and the number of illegal enterprises has been greatly reduced.

The reporter searched the first-instance cases involving disputes over the payment of high-temperature allowances on the China Judgment Documents Online and found that there were 2,219 cases in 2016 and 1,937 cases in 2017. By the end of July this year, more than 200 cases could be retrieved.

The reporter found that when the rights and interests of high temperature allowances were damaged, some workers chose to remain silent for fear of offending the company and losing their jobs. Pan Yanjun, deputy secretary of the Party branch of the Huake Optoelectronic Information Building Project Department of China Construction Third Engineering Bureau in Wuhan, said that there were more than 400 workers on the project site. After she found that a labor service company did not pay high temperature allowances in time, she took the initiative to contact more than a dozen workers involved. As a result, the workers were "worried about offending the labor service company for a little money" and were unwilling to testify.

On the one hand, workers have concerns, and on the other hand, the cost of violations for enterprises is relatively low. At present, Guangdong, Shandong and other places have issued labor protection measures for high temperature weather, which clearly stipulate that the failure to pay high temperature allowances to workers shall be ordered to be corrected by the human resources and social security departments at or above the county level. If the correction is not made within the time limit, a fine of more than 2,000 yuan but less than 20,000 yuan shall be imposed.

According to regulations, even if investigated and punished by the labor inspection department, the enterprise can be exempted from fines as long as it reissues them in time. Recently, the Qingdao Municipal Labor Supervision Department investigated and dealt with such a case. An enterprise did not pay a total of 17,780 yuan in June high temperature allowances to 127 employees. However, according to regulations, it can only issue a "Labor Security Supervision Recommendation" to order the enterprise to reissue.

The enterprise should bear the burden of proof

It is understood that in the past, the success rate of many cases involving high temperature allowances was low. The reason is that the burden of proof is unclear. It is not easy for workers to prove that their working environment meets the standards for the payment of high temperature allowances.

At present, some places have clarified the burden of proof for disputes over the payment of high temperature allowances to protect the rights and interests of workers. Jiangsu, Guangdong and other places stipulate that employers bear the burden of proof for workers' work in high temperature weather and the payment of high temperature allowances.

A case published by the Dongguan Municipal Bureau of Justice in May this year showed that Li, the leader of the injection molding department of a craft products factory in Dongguan, had a dispute with the factory because the factory did not pay high temperature allowances and was dismissed without reason. The court held that although the company installed ventilation and cooling equipment such as exhaust fans and air coolers, it failed to provide sufficient evidence to prove that the room temperature of Li's workplace was lowered to below 33¡ãC from June to October, and failed to prove that it had paid Li a high temperature allowance. It was eventually sentenced to pay a high temperature allowance and more than 40,000 yuan in compensation for illegal termination of the labor relationship.

Several grassroots labor inspection department staff members said that compared with the wages and social security of migrant workers, the amount of high temperature allowance is relatively small and is not usually the focus of law enforcement inspections. In some places, the investigation and punishment of enterprises that refuse to pay high temperature allowances mainly rely on employee reports and complaints, and there is even a phenomenon of "the people do not report, the officials do not investigate".

Wang Jun, a lawyer at Shanxi Longcheng Law Firm, said that high temperature allowances are part of labor remuneration, not a "welfare" that can be paid or not. Failure to pay high temperature allowances in accordance with regulations is equivalent to wage arrears. Relevant departments should strictly investigate the behavior of paying less or refusing to pay high temperature allowances. According to Xinhua News Agency

Morning Post reminds

Fighting heat and cooling

Don't fall into four major misunderstandings

Xinhua News Agency reported that the Central Meteorological Observatory continued to issue a yellow high temperature warning at 18:00 on the 1st: It is expected that during the day on August 2, the highest temperature in some areas of central Inner Mongolia, most of Liaoning, and central North China will be 37-39¡æ, and locally up to 40¡æ.

This is the 19th consecutive day that the Central Meteorological Observatory has issued a high temperature warning. The warning shows that during the day on the 2nd, the highest temperature is expected to be 35-36¡æ in central and eastern Inner Mongolia, southeastern Jilin, Liaoning, central and southern Hebei, Beijing, Tianjin, most of Shandong, Guanzhong area of Shaanxi, northeastern Sichuan Basin, central and western Jianghuai, central and eastern Jiangnan, northern Guangdong, and northern Hainan.

In the hot summer, people have a variety of ways to fight heat and cool down. However, some common "heat-fighting measures" and "cooling methods" are not scientific, and some are even harmful to the body. Relevant experts pointed out that the following four ways to fight heat and cool down are common misunderstandings.

Misconception 1:

Drinking beer to cool down - "The most effective way to cool down in summer is to drink iced beer and get two good side dishes. It's refreshing to drink!"

Experts point out that although beer has a low alcohol content, if you drink too much at one time, the alcohol content entering the human body is almost the same as drinking liquor. In the hot summer, the human body sweats a lot, consumes a lot, and is easily tired. If you continue to drink beer, the "hot" feeling caused by alcohol will continue, and the thirst and sweating phenomenon will become more severe. Not only will it fail to achieve the purpose of cooling down, but it will also reduce people's thinking ability and work efficiency.

Misconception 2:

The darker the color of the sunglasses, the better - "When I go out in the summer, I rely on vision to reduce the feeling of heat. Dark sunglasses can protect my eyes!"

Experts point out that when you go out in the summer, you do feel a cool feeling when wearing sunglasses. But if the color of the lens is too dark, it will seriously affect visibility, and the eyes will be easily damaged due to the effort of seeing things, and it will not play a role in protecting the eyes. Experts suggest that the standard for choosing sunglasses in summer is: the lens should be able to pass 15% to 30% of visible light, with gray and green being the best. It can not only resist ultraviolet rays, but also has the best visual clarity and the smallest color change of external objects.

Misunderstanding 3:

Showering when sweating profusely--"When it is particularly hot in summer, I like to take a cold shower, and the effect is very good!"

Experts point out that when going out in the hot summer, the human body absorbs a lot of heat, and the pores of the skin are in an open state. Taking a shower will quickly close the pores of the whole body, so that the heat cannot be dissipated and is retained in the body, which can easily cause high fever. At the same time, when taking a shower, the rapid contraction of the capillaries in the brain can also easily cause insufficient blood supply, making people dizzy; after taking a shower, the body's resistance is reduced, and it is easy to catch a cold "in the cool". The correct way is to sweat when you go out and come home, and then take a cold shower after the heat in your body has dissipated.

Misconception 4:

The earlier the morning exercise, the better - "Get up at 5 o'clock in the morning to exercise, the lazy sun hasn't "woke up" yet!"

Experts point out that the earlier the morning exercise, the better. There are three reasons: First, before dawn or when it is dawn, the temperature is indeed lower, but the air may not be fresh. Studies have shown that air pollutants are least likely to spread before 6 o'clock in the morning in summer, and this is often the peak period of pollution; second, people generally like to do morning exercises in places where green plants grow, such as lawns, woods, and flowers, but before sunrise, because there is no photosynthesis, there is not much fresh oxygen near the green plants, but on the contrary, a large amount of carbon dioxide accumulates, which is not good for human health; third, exercising too early in the morning is susceptible to "wind evil", and it is very easy to catch a cold, and it is also easy to cause joint pain, stomach pain and other symptoms.

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