The rise of extreme summer temperatures in China has led to reinforced employer obligations regarding occupational risk prevention and high-temperature subsidies. National and local labor authorities now demand stricter compliance with regulations to protect workers’ health, particularly in sectors with direct exposure to heat.
Legal framework
The regulations are based on the Labor Law of the People’s Republic of China, the Work Safety Law (revised in 2021), and the Administrative Measures for the Prevention of Heatstroke and Cooling (2012). These rules require employers to:
- Ensure safe working environments.
- Implement technical, organizational, and health measures against heatstroke.
- Provide adequate personal protective equipment (PPE).
High-temperature subsidy
Workers exposed to heat conditions are entitled to a mandatory cash payment, which cannot be substituted with cold drinks or other benefits:
- Outdoor work: from 35 °C.
- Indoor work: from 33 °C without sufficient cooling.
- The subsidy must be paid in cash (monthly, daily, or hourly, depending on the province) and is subject to income tax.
- It applies to all staff, including interns, temporary workers, dispatched employees, and foreign workers under Chinese labor contracts.
Additional employer obligations
Beyond the subsidy, companies must:
- Reschedule or shorten working hours during peak heat periods (12:00–15:00).
- Provide cooling devices, rest areas, and drinking water.
- Supply suitable PPE such as caps, breathable clothing, or cooling vests.
- Organize training on early signs of heatstroke and first aid response plans.
- Conduct medical check-ups before, during, and after employment, where applicable.
Regional variations and penalties
Rules vary by province: for instance, in Shanghai and Guangdong the subsidy is 300 RMB/month, while in Hainan a daily payment of 10 RMB applies between April and October. In all regions, companies must adjust their payroll systems and keep detailed records of these payments.
Non-compliance may result in fines of up to 20,000 RMB, retroactive compensation for affected workers, and significant reputational damage for the company.
Strategic relevance for businesses
This regulation is crucial for both foreign and domestic companies operating in China, which must adapt their HR policies and occupational risk prevention protocols to ensure regulatory compliance and safeguard employee well-being.
