How much does the state stipulate that if the temperature exceeds it, do you need to take a holiday?

At present, the only regulation for hot work is the Interim Regulations on Heatstroke Prevention and Cooling Measures issued by the state, which only applies to "hot work in industry, transportation and capital construction sites, and open-air work in the hot season" and "field work". The regulations stipulate the basic principles of heatstroke prevention and cooling work, technical measures for heat stroke prevention and cooling, and health care measures, but they only make general provisions on preventing the dangerous consequences caused by high-temperature work, and do not clearly stipulate how high the temperature can be before work can be stopped, which types of work should be stopped or what measures should be taken, and so on. This statute was promulgated on July 1, 1960, 46 years ago.

However, there is indeed a practical demand for high-temperature leave, so many legal experts and people's congress deputies are also calling for the "high-temperature leave" to be written into the labor law, because the temperature is too high on the holiday, which will inevitably contradict the benefits of the enterprise, and the effect of the general red-headed documents and local regulations is limited, so it is necessary to rely on the law to make the high-temperature leave implemented.

Judging from the current actual situation, the high-temperature holiday is generally arranged by the industry authorities and enterprises according to the production environment and production schedule, for example, in the construction industry, although the unified provisions of "high-temperature holiday", but every year in the middle of the summer high temperature season, the industry authorities will issue a notice to remind the relevant enterprises to arrange employees to avoid the high temperature period and choose morning and evening operations. In addition, there are also some places that have clarified the "high temperature leave" and the subsidy policy for continuing to work under high temperature conditions through local regulations and normative documents. For example, Beijing, Shanghai, Nanjing and other places in 2005 during the scorching summer period had a unified "high temperature holiday", Zhejiang Province issued the "Notice on Adjusting the Summer Heatstroke Prevention and Cooling Cool Drink Fee Standards for Enterprise Employees", stipulating that high-temperature workers can enjoy a subsidy of 120 yuan per person per month, 100 yuan per person per month for non-high-temperature workers, and 95 yuan per person per month for general staff, which will be paid for 4 months a year.

At the same time, the notice also mentions that all kinds of production enterprises and construction enterprises "should adjust the operation time in a timely manner to avoid high temperature periods for workers working in workshops without cooling facilities and in the open air in the field".

38 degrees Celsius is beyond the human body temperature.

Whether to put high temperature holidays depends on the specific situation of each unit, and there are the following measures for hot weather operations:

1. The employer shall adjust the operating time according to the forecast temperature issued by the meteorological station under the meteorological department at or above the prefectural and municipal level on the same day, except for emergency treatment due to personal and property safety and public interest.

2. Before the arrival of hot weather, the employer shall conduct a health examination for workers working in hot weather, and adjust the work positions of workers suffering from heart, lung, cerebrovascular diseases, central nervous system diseases, and other physical conditions that are not suitable for hot working environment. The cost of occupational health examination shall be borne by the employer.

3. Employers shall not arrange for pregnant female employees and juvenile workers to engage in outdoor work in the open air or in workplaces with a temperature of 33 or more during hot weather of 35 or more.

[Legal Analysis].: There is no fixed rule. When the maximum daily temperature reaches 37 or more, the unit shall, according to the working situation, adopt shifts and other methods to shorten the continuous working time of the workers, but shall not arrange the workers to work overtime; When the daily maximum temperature reaches 39 or more, the working hours of the day shall not exceed 5 hours, and the work during the high temperature period from 11 a.m. to 16 p.m. shall be suspended; When the maximum temperature of the day reaches 40 or more, you can rest at home and not go to work.

[Legal basis].Resolution of the Standing Committee of the National People's Congress on Approving the Interim Measures for the Retirement and Retirement of Workers Article 1 Workers of enterprises, public institutions, party and government organs, and mass organizations owned by the whole people shall retire if they meet one of the following conditions. (1) Men are at least 60 years old, women are at least 50 years old, and have worked continuously for 10 years.

2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, at least 55 years of age for men and 45 years of age for women, and having worked continuously for 10 years or more. This provision also applies to grassroots cadres whose working conditions are the same as those of workers. (3) Men who have reached the age of 50 and women who have reached the age of 45, who have worked continuously for 10 years or more, and who have been certified by the hospital and confirmed by the labor appraisal committee that they are completely incapacitated to work.

4) Disabled due to work, certified by the hospital and determined by the labor appraisal committee, completely incapacitated to work.

Meteorological Law of the People's Republic of China Article 41 The meaning of the following terms in this Law is: (1) Meteorological facilities refer to meteorological detection facilities, special transmission facilities for meteorological information, and large-scale special meteorological technical equipment. (2) Meteorological exploration refers to the systematic observation and measurement of atmospheric physical processes, phenomena and their chemical properties in the atmosphere and near the surface by means of scientific and technological means.

3) Meteorological detection environment refers to the minimum distance necessary to avoid all kinds of interference and ensure that meteorological detection facilities can accurately obtain meteorological detection information. (4) Meteorological disasters refer to disasters caused by typhoons, heavy rains (snow), cold waves, strong winds (sandstorms), low temperatures, high temperatures, droughts, thunder and lightning, hail, frost and fog. (5) Weather modification refers to activities that artificially affect the physical and chemical processes of the local atmosphere through scientific and technological means under appropriate conditions in order to avoid or mitigate meteorological disasters, rationally use climate resources, and achieve the purposes of increasing rain and snow, preventing hail, eliminating rain, eliminating fog, and preventing frost.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

According to national regulations, when the temperature is greater than 37 degrees on the day, it is not allowed to work outdoors in direct sunlight between 1111 and 15 o'clock. When the temperature exceeds 40 degrees, it is necessary to take a high temperature holiday and arrange for workers to go home to rest.

What are the penalties if the unit does not take a holiday in hot weather?

According to Article 88(2) of the Labor Contract Law, if an employer compels dangerous activities to endanger the personal safety of an employee, it shall impose an administrative penalty in accordance with the law. where a crime is constituted, criminal responsibility is pursued in accordance with law; If damage is caused to employees, they shall be liable for compensation. Second, section 88(2) of the Employment Contract Act provides that if an employer forces an employee to engage in dangerous activities that endanger his personal safety, he will be subject to administrative penalties in accordance with the law. where a crime is constituted, criminal responsibility is pursued in accordance with law; If damage is caused to employees, they shall be liable for compensation.

Businesses are required to pay workers a high-temperature subsidy.

If the company organizes workers to work outdoors in hot weather above 35 and does not take effective measures to reduce the workplace temperature below 33 (except for 33), the company will provide high temperature subsidies to workers. The subsidy standard is about 25 yuan per person per day, and the specific amount varies in different regions. The high temperature allowance is paid by the employee's unit, paid from the expenses, and included in the total salary of the enterprise, not included in the minimum wage standard.

The cold drinks and basic medicines provided by the company for employees to prevent heat stroke and cool down should not be balanced with Huishen's advantage of taking advantage of high temperatures.

There is no unified legal provision for high-temperature holidays, and there is no unified high-temperature holiday conditions, and whether to take high-temperature holidays depends on the specific situation of each department. Article 8 During the period of high temperature weather, the user shall, in accordance with the following provisions, according to the characteristics and specific conditions of production, reasonably arrange working hours, alternate operations, appropriately increase the rest time of workers in the high temperature work environment, reduce labor intensity, reduce outdoor work in high temperature time and other measures: (1) The user shall adjust the operation time according to the forecast temperature issued by the meteorological department at or above the municipal level on the same day, except for those that need to be dealt with urgently due to personal and property safety and public interests

1. When the maximum daily temperature reaches more than 40, the outdoor open-air operation time must exceed 30 on the same day, and the open-air operation time in foreign countries shall not exceed 3 hours (2) Before the arrival of hot weather, the employer shall conduct a health examination for workers working in hot weather, and shall adjust the work positions for workers suffering from heart, lung, cerebrovascular diseases, tuberculosis, central nervous system diseases and other physical conditions that are not suitable for high-temperature working environment. The cost of occupational physical examination shall be borne by the employer. (3) The user shall not arrange pregnant female employees and minors to engage in outdoor work and workplace work with a temperature of more than 33 during the hot weather period of 35 or more.

Shijiazhuang City Blizzard, Wind, Cold Wave, Fog, High Temperature Disaster Prevention Measures" Article 39.