While Chinese employers are required to provide high temperature allowance to employees working outdoors in temperatures above 35℃ and indoors in temperatures above 33℃, not many employees receive such allowances.
"Many companies are too concerned about their costs to give out the high temperature allowance and some of them have taken advantage of the loopholes in laws and regulations to avoid the payment," according to Dezan Shira & Associates.
Although relevant rules stipulate that employees may file a complaint with competent authorities if their employers fail to provide the appropriate allowances, they seldom do so due to fears of being fired.
The “Administrative Measures on Heat Stroke Prevention" was imposed by the Chinese government in June 2012, a rule not many workers know exist. Thus, some experts suggest that labor unions should shoulder the responsibility to protects workers’ rights and interests, and ensure they receive the relevant benefits and allowances.
According to government regulations, the high temperature allowance is part of an employee’s salary, and payment is mandatory.