China's High Temperature Subsidy Policy: Legal Obligations for Employers (2025 Update)

1. Legal Basis

The Measures for Heatstroke Prevention and Cooling Management (Order No. 89 of SAWS [2012], Article 17) mandates:

"Employers shall provide high temperature subsidies to employees working outdoors in daily maximum temperatures ≥35°C, or indoors where workplace temperatures cannot be reduced below 33°C."

Key Legal Attributes:

· Wage component: Subsidies constitute part of total wages (excluded from minimum wage calculations).

· Payment form: Must be paid in cash (prohibited substitutions: beverages, medicines, or goods).

· Accounting: Separately itemized in payroll records.

2. Applicability

Covered Employees

· All labor relationships (enterprises, institutions, private non-enterprise units)

· Special inclusions:

o Dispatched workers

o Part-time employees (prorated)

· Exclusions: Civil servants & public institution staff (regional variations apply).

Triggering Conditions

3. Regional Standards (2025)

Key Provincial Regulations

Note: Heilongjiang, Tibet, and Qinghai follow national standards.

4. Employer Compliance Requirements

Obligations

· Temperature monitoring: Maintain weather/workplace records.

· Health protections:

o Pre-placement health exams for high-heat workers

o Ban on assigning minors/pregnant employees to:

§ ≥35°C outdoor work

§ 33°C indoor work (Article 8)

· Working hour restrictions:

Prohibited Acts

· Substituting cash subsidies with goods

· Including subsidies in minimum wage calculations

· Reducing base wages due to subsidy payments

5. Worker Redress Mechanisms

· Complaints: Local HRSS authorities (Hotline: 12333)

· Arbitration/Litigation: Under Labor Dispute Mediation and Arbitration Law (employers bear burden of proof)

· Union intervention: Request corrections via enterprise/local unions (Article 21)

6. 2025 Policy Updates

· Guangdong increase: ¥150→¥300/month (GDHRSS [2025] No.1)

· New coverage: Food delivery/courier workers explicitly included

· Enhanced enforcement: Nationwide inspections (Jun-Jul 2025) targeting construction, sanitation, and logistics sectors

Compliance Alert: Employers must separately list subsidies in June payrolls and retain temperature/decision records. Non-compliance risks back payments + fines (Article 21).

Sources: Provincial Human Resources and Social Security Department portals. Verify local implementations via official websites (e.g., hrss.shanghai.gov.cn). Policy effective as of June 4, 2025.