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Karoshi Should Be A Special Case Of Industrial Injury And Death.

2011/6/17 10:02:00 32

Death From Overwork Industrial Injury Death

Hu Xinyu, who graduated from Chengdu University of Electronic Science and technology, came to Shenzhen, HUAWEI, in 2005.

R & D work

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His daily work habits changed since then: at 10 o'clock in the evening, he got on the company bus and bumped home for 11 hours. At second a.m., at 7 a.m., he got up on time.

Beginning in early April 2006, Hu Xinyu's Department began a closed research and development project, which was strictly confidential.

After the project began, Hu Xinyu began to spend the night at the company, or even on the ground floor for a long time.

Sleeping mat floor

The longest overtime time is around 2 a.m. the next day.

The second day is still working at normal time.

In April 28th, Hu Xinyu began to feel extremely sick. He asked for a leave to go to the hospital. In May 28th, at the Third Affiliated Hospital of Zhongshan University, Hu Xinyu, 25, was diagnosed dead by viral encephalitis.

Lawyers for labour law:

The Hu Xinyu incident highlights the deficiency of legislation on "overwork death" in China.

"Karoshi" often has one or more characteristics of industrial injury identification. It should be identified as a special form of industrial injury death.

In this regard, the labor contract law seeks to strengthen the overtime management from three aspects around the written contract.

First of all, employing units should strictly enforce labor quota standards, and shall not force or disguise force to work overtime.

If an employer arranges overtime work, he shall pay overtime wages to laborers in accordance with relevant state regulations.

Secondly, the performance and change of the labor contract is carried out in writing. The labor quota is included in the rules and regulations, and the labor leave is included in the essential clause of the labor contract.

If the employer violates the labor contract or regulations, the laborer has the right to leave.

Finally, we must reiterate the importance of strengthening supervision.

However, these three measures still seem to be difficult to prevent voluntary overtime.

Hu Xinyu was neither coercion nor hard to say that it was a disguised force in the legal sense.

Labor contract

The performance and change around the book are more willing to work overtime.

Why people only regard written contracts as contracts, and the actual relationship between them actually embodies a consensus, which is also the content of contracts, whether in voluntary or involuntary form.

This is a contractual relationship formed by implied terms or factual acts.

Only by paying attention to such implied terms or factual acts and standardizing them can they cure the stubborn disease caused by voluntary overtime.