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Relevant Regulations on Hot Weather Allowance in China

Answer
Q:
What is hot weather allowance?
A:
According to Measures for Administration of Heat Prevention, workers engaged in high-temperature weather can enjoy hot weather allowance.

If the workers engage in outdoor work in high temperature weather above 350C (including 350C), or the employer fails to lower the temperature of working place under 330C (not including 330C), the employer should pay high temperature allowance to the workers, which is required to be incorporated into total salary amount.

Q:
Who can enjoy hot weather allowance?
A:
All workers can enjoy hot weather allowance as long as the employer arranges outdoor work in high temperature weather.

Q:
Can beverage offset the hot weather allowance?
A:
The employer should provide sufficient cooling beverage in conformity with hygienic standards for workers in high temperature weather, no money or goods should be distributed in place of cooling drinks. Besides, the beverage is not allowed to offset hot weather allowance as well.

Q:
What can workers do if there is no payment of hot weather allowance?
A:
Workers can seek help from the labor union, who has the right to demand the employer to make timely corrections.

Besides, workers can report to social security, safety supervision and other government departments, who will take measures to ensure the workers to safeguard their legitimate rights and interests.

Q:
Does minimum wage include hot weather allowance?
A:
According to Regulation on Minimum Wages, salary paid by the employer should not lower than local minimum wage standard after deducting below items:

  • Overtime payment;
  • Allowances for noon shift, night shift, allowances for special condition like work in the mine, toxic environment or high/low temperature;
  • Labor benefits stipulated by laws and regulations.

Q:
Should hot weather allowance pay individual income tax?
A: Hot weather allowance should be incorporated into monthly salary to pay individual income tax. Meanwhile, hot weather allowance can be deducted before calculation of corporate income tax as salary costs.

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