Guangdong Province Releases Standards for High Temperature Allowance

June 25, 2013 Posted by China Briefing Reading Time: 3 minutes

Jun. 25 – According to a circular released by the Guangdong Human Resource and Social Security Bureau on June 4, employers in Guangdong Province shall pay a high temperature allowance to employees working under extremely hot temperatures from June to October.

The circular provides that, for employers that arrange employees to work outdoors in temperatures at or above 35℃ and employers that fail to take effective measures to lower the temperature of indoor workplaces to below 33℃, they shall pay the high temperature allowance to such employees from June to October on a monthly basis.

The standard for high temperature allowance is RMB150 per month per person or RMB6.9 per person per day. The paying record of the allowance shall be kept for at least two years and the burden of proof lies on the employer if related disputes arise.

Moreover, employers shall provide employees working under “high temperatures” with cooling beverages, and the costs of such beverages cannot be used to offset the high temperature allowance.

Penalties

Where an employer violates the relevant regulations and fails to pay a high temperature allowance to an employee, the employee may file a complaint with the competent local human resource and social security department above the county level. The employer will face a fine ranging from RMB2,000 to RMB10,000 if it fails to rectify within the designated time after being warned by the competent authorities.

In case of a dispute between the parties over high temperature allowance payments, the employee may resolve the dispute through labor dispute settlement procedures.

Adjustment of Working Hours

According to the High Temperature Labor Protection Measures of Guangdong Province, employers shall adjust the working hours accordingly under hot weather, specifically:

Where the maximum daily temperature reaches 39℃ or higher, outdoor operations shall be suspended on that day;
Where the maximum daily temperature reaches 37℃ or above, but below 39℃, the employer shall not arrange employees to work outdoors for more than 6 hours on that day, and outdoor operations shall be suspended between 12:00 noon and 16:00 in the afternoon;
Where the maximum daily temperature reaches 35℃ or above but below 37℃, the employer shall adopt methods to shorten the continuous operation hours and shall not arrange employees to work overtime.

Moreover, the employer shall not arrange pregnant employees and minors to work outdoors under hot temperature at or above 35℃ or work in a workplace with temperatures at or above 33℃.

In addition, the employer shall not deduct or reduce the wages of employees due to the suspension of work or the shortening of working hours as a result of hot weather.

Dezan Shira & Associates is a specialist foreign direct investment practice, providing corporate establishment, business advisory, tax advisory and compliance, accounting, payroll, due diligence and financial review services to multinationals investing in emerging Asia. Since its establishment in 1992, the firm has grown into one of Asia’s most versatile full-service consultancies with operational offices across China, Hong Kong, India, Singapore and Vietnam as well as liaison offices in Italy and the United States.

For further details or to contact the firm, please email china@dezshira.com, visit www.dezshira.com, or download the company brochure.

You can stay up to date with the latest business and investment trends across China by subscribing to Asia Briefing’s complimentary update service featuring news, commentary, guides, and multimedia resources.

Related Reading

Human Resources and Payroll in China (Third Edition)
A firm understanding of China’s laws and regulations related to human resources and payroll management is essential for foreign investors who want to establish or are already running foreign-invested entities in China. This guide aims to satisfy that information demand, while also serving as a valuable tool for local managers and HR professionals who may need to explain complex points of China’s labor policies in English.

Social Insurance and Payroll
In this issue of China Briefing Magazine, we take a “back to basics” approach to China’s mandatory benefits. Where, exactly, is that extra 35-40 percent on top of an employee’s salary going? What are social insurance contribution rates, base amounts, and tax exemptions? How does all of this figure into the payroll process? We next look at mandatory benefits as a piece of the larger payroll puzzle, with highlights on two very China-specific pieces: FESCOs and hukou, China’s “domestic passport.”