In the hot summer, labor protection for migrant workers must not cool down
With expectations for a better life, migrant workers come to the cities and become the backbone of the city. They are active in every corner of the city, whether as construction workers sweating profusely on building sites, or as the city's beauticians - the sanitation worker aunties, or as the ceaselessly shuttling delivery riders, or as the line and pipeline inspectors. Without them, there would be no towering buildings, bustling traffic, or neon lights in the city.
In the height of the dog days, under the scorching summer sun, migrant workers toiling in high temperatures are drenched in sweat. In addition to the Labor Law, the Trade Union Law, the Labor Contract Law and other laws and regulations, in 2012, the State Administration of Work Safety and other departments jointly issued the Measures for the Administration of Heatstroke Prevention and Cooling Measures to protect workers' rights in high temperatures. The distribution of high-temperature subsidies is one important element of this. The standards for distributing high-temperature subsidies are set by each province and city according to the actual local conditions with corresponding detailed rules.
However, many migrant workers still do not know what a "high-temperature subsidy" is, nor have they enjoyed the summer coolness brought by a "high-temperature subsidy." Some employers use heatstroke-prevention fruits, medicines and beverages to replace the high-temperature subsidy, thinking that as long as there is corresponding protective spending, it counts as the high-temperature subsidy for migrant workers; some employers also maliciously delay or deduct it without cause, which all goes against the provisions of the "management measures" and the spirit of protecting workers. In addition, insufficient supervision by law enforcement departments and a lack of self-protection awareness among migrant workers are also important aspects causing this situation. To implement high-temperature subsidies and strengthen the protection of migrant workers' rights in high temperatures, the government, employers and migrant workers all need to fulfill their roles and work together.
Safety supervision, labor inspection and other departments in various places need to increase law enforcement efforts. Each law enforcement department should clarify its functions, integrate its forces, and treat high-temperature protection work, including the distribution of high-temperature subsidies, as an important part of supervision. Supervision of this work must not be limited to small-scale spot checks; some key industries and some enterprises and individual economic organizations that may have irregular practices can be selected for focused inspection. For complaints from migrant workers, a rapid handling mechanism should be established to ensure that migrant workers promptly enjoy their rights and do not suffer other unreasonable treatment from employers. In addition, publicity for heatstroke prevention and cooling work should be increased to strengthen migrant workers' awareness of self-protection.
Employers should implement migrant workers' various high-temperature rights in accordance with the law. For obligations stipulated by law, enterprises must proactively and consciously comply; failure to act or acting arbitrarily will be subject to legal punishment. Employers should, in accordance with the requirements of the "management measures," distribute high-temperature subsidies promptly and in full according to local distribution standards and time periods, and adopt effective protective measures and means to reduce the harm suffered by migrant workers under high temperatures, reasonably adjust working hours, and reduce labor intensity. From another perspective, migrant workers are the cells of the employer; only when the cells are healthy will the body generate more kinetic energy. Caring for and protecting migrant workers and enhancing their sense of belonging means employers are actually serving their own long-term development.
Migrant workers should strengthen their awareness and ability to protect themselves under high temperatures. First, they should care for themselves and work moderately. Refuse to work recklessly and stubbornly, pay attention to balancing work and rest, and make full use of the heatstroke-prevention conveniences provided by employers for self-protection. Second, they should have the ability to dare to say "no." For work tasks arranged by employers that are clearly illegal and harmful to their own health, they should dare to refuse and argue firmly on the basis of relevant legal provisions. Third, they should dare to complain and be wise in gathering evidence. Regarding employers' deduction or delayed payment of migrant workers' high-temperature subsidies, they should proactively complain to relevant departments and pay attention to preserving evidence related to the working environment, high-temperature conditions, working hours and other aspects.