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Notice on Strengthening the Protection of the Rights and Interests of Environmental Health Workers

Date : 2018-12-24     View : 3770

No. 59, Ejianwen [2018]

The municipalities (prefectures), counties, forest districts, urban management committees (bureaus), housing and construction committees (bureaus), human resources and social security bureaus, and financial bureaus:

Sanitation is an important part of urban and rural management and public service, and a basic public welfare undertaking related to people's livelihood. As "beauticians" of urban and rural environment, sanitation workers have made important contributions to clean urban and rural areas. In recent years, some fruitful work has been done to improve the treatment of front-line sanitation workers, but the problem of insufficient protection of the rights and interests of contract-based sanitation workers still exists, which restricts the healthy development of sanitation undertakings. In order to implement the requirements of the Central Committee and the spirit of the provincial leadership's instructions, improve the treatment of environmental sanitation workers under the first-line contract system and safeguard their legitimate rights and interests, the relevant matters are hereby notified as follows:

I. Increasing Wage Treatment of Sanitation Workers

The basic wages of sanitation workers (excluding bonuses, allowances and subsidies, overtime wages and wages paid under special circumstances) shall be determined by more than 10% higher than the local annual minimum wage standard. When the minimum wage standard is adjusted by policy, the basic wage shall be adjusted accordingly on the same month as the new minimum wage standard is implemented. Conditional areas are encouraged to raise the wage standards of sanitation workers appropriately in accordance with the level of economic and social development and in accordance with the principle of limiting the number of workers to a minimum and not limiting the number of workers to a high level.

II. Implementing Labor Security for Sanitation Workers

Environmental sanitation enterprises and institutions should sign labor contracts with environmental sanitation workers according to the requirements of the Labor Contract Law of the People's Republic of China, go through the formalities of labor employment filing, and handle social insurance procedures such as endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance for environmental sanitation workers in accordance with relevant standards, so as to ensure that they are fully insured and pay social insurance premiums in full and on time. For over-age sanitation workers who can not be included in the old-age pension insurance of employees according to the policy, they should be included in the old-age insurance of urban and rural residents. After completing the procedures of participating in the insurance and receiving the benefits according to the regulations, they should receive the old-age insurance treatment of urban and rural residents. To improve the risk guarantee mechanism of sanitation operation, the employing unit shall provide accident insurance for first-line sanitation workers and properly handle traffic accidents in sanitation operation according to law. The welfare benefits of labor insurance for sanitation workers shall be implemented, and the allowances for high temperature in summer and for cold and warm protection in winter shall be paid according to regulations. At the same time, subsidies for haze weather operations can be granted according to economic conditions and air pollution.

III. Strengthening the Prevention and Control of Occupational Diseases among Environmental Health Workers

Implementing occupational disease prevention and control measures such as personal protection, occupational health surveillance system, heat and temperature protection, dust and poison prevention for environmental sanitation workers, and providing necessary labor protection equipment for environmental sanitation workers. To establish health records for sanitation workers, employers should organize a free experience for sanitation workers every year, or organize sanitation workers to carry out occupational health examination in qualified occupational disease prevention and control institutions every year in accordance with the Occupational Disease Prevention Law of the People's Republic of China, Classification and Catalogue of Occupational Diseases and relevant provisions. Physical examination should include at least blood, cardiopulmonary and gastrointestinal functions.

Improving the working environment of sanitation workers

According to the "Standards for the Setting up of Urban Environmental Sanitation Facilities" (CJJ27), all localities should allocate suitable housing for sanitation workers according to the actual and reasonable layout. It can be combined with urban road construction and public buildings in residential areas to solve the problem of housing resources for sanitation workers. Combined with public toilets, garbage transfer stations and other facilities construction and transformation projects, or utilizing the surplus public management room in the unit community, to provide sanitation workers with rest, changing clothes, bathing and parking places for small vehicles and storage tools.

5. Implementing the system of rest and vacation for sanitation workers

Environmental sanitation enterprises and institutions shall, in accordance with the Regulations on Annual Vacation with Pay for Employees and the Measures for the Implementation of Annual Vacation with Pay for Enterprise Employees, ensure that environmental sanitation workers enjoy annual vacation with pay or pay unpaid annual vacation wages if they are unable to arrange annual vacation because of their work needs. Employers should implement the rotation system to guarantee the right of sanitation workers to rest and vacation. Overtime wages should be paid in full according to the relevant provisions of the Labor Law for sanitation workers who work overtime on rest days, holidays and because of work needs. If workers are arranged to extend their working hours, they shall be paid not less than 150% of their wages; if workers are arranged to work on rest days but can not arrange supplementary leave, they shall be paid not less than 200% of their wages; if workers are arranged to work on statutory holidays, they shall be paid not less than 300% of their wages.

Improving the living conditions of sanitation workers

For sanitation workers who sign labor contracts, the employing unit shall pay the housing provident fund according to the payment standard of the housing provident fund in the place where the employing unit is located, and the deposit proportion shall be implemented according to the relevant policies of the place where the employing unit is located. The monthly deposit amount shall not be less than 5% of the average monthly wage of the sanitation workers themselves in the previous year. Conditional cities may increase the deposit proportion appropriately. To solve the housing difficulties of qualified sanitation workers, especially migrant sanitation workers, we should provide collective dormitories or temporary dormitories by granting rental subsidies, utilizing existing public housing or renovating sanitation facilities, and installing auxiliary housing. If it meets the policy requirements, it shall be integrated into the scope of local public rental housing security and give priority to solving the housing difficulties of sanitation workers under the same conditions.

7. Accelerating the upgrading of environmental sanitation equipment

Comprehensive adoption of the "mechanical cleaning, assisted manual cleaning operation" mode. Local governments should increase investment through various channels, speed up the renovation and renovation of sanitation facilities and equipment, improve the mechanization of sanitation operations, gradually reduce manual sweeping of motor lanes, and improve the whole province and city.

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