Recently, Ms. Li from Hanzhong, Shaanxi Province, reported to reporters that her husband worked 12 hours a day, did not arrange a vacation for more than 190 days, and the indoor temperature exceeded 40, causing her husband to die suddenly at night after returning to the rental house.
Dependents:
Severe overload at work led to the sudden death of her husband
It is reported that Ms. Li's husband Zhao went out to work in 2008 and joined Lida Knitting Factory in Zhongshan City, Guangdong Province for two years before leaving. He re-entered the company in March 2010 and signed an employment contract with the company in March 2011 until August 2023. Zhao has worked in the company for more than 14 years, and his job is a security guard. On the morning of August 24 this year, the family received a notice from the company that Zhao died in a rented dormitory outside the factory after getting off work on the evening of August 23.
Ms. Li believes that the death of her husband Zhao is directly responsible for Lida's serious violation of the labor law, because the labor law stipulates that employees work 8 hours a day, and the company has been using the 12-hour work system. The labor law stipulates that employees work 176 hours per month, and ZhaoThe average working hours per month are 360 hours, severely overloaded to work.
At the same time, the labor law stipulates that employees have at least one day off per week, whileFrom February 1 this year until the time of his death, Zhao worked for nearly 200 consecutive days without a day off. And where it is workingThe security room belongs to the west and is only more than 10 square metersIn the case of 40 consecutive high temperatures in Zhongshan City in July and August, the company only provided electric fans for the security room to cool down. The family believes that the company seriously did not comply with national laws and did not care about the lives of employees, resulting in Zhao's death.
Reporter:
The deceased's WeChat circle is all "so hot".
According to the information provided by the family of the deceased Zhao, the last message that the reporter saw on Zhao's WeChat circle of friends was on July 26, 2023.
The four WeChat Moments messages released in it are: "This temperature is about to be steamed!" "The time of the four dynamic messages is: May 30, July 11, July 15, and July 26, 2023.
According to the attendance records provided by the family, it is densely packed to show that his work hours have not been interrupted.
Company:
Due to insufficient security, it has not been closed for more than 100 days
At 2:20 p.m. on September 8, the reporter called Zhongshan Lida Knitting Garment Factory, a person in charge of the company's personnel department said that the deceased Zhao was indeed the company's security squad leader before his death and had worked in the company for 12 years.
In response to the family of the deceased Zhao questioning that the company did not arrange for Zhao to rest for 190 days, the person in charge admitted that what the family said did exist because there were four security guards in the factory, and one of them was injuredAt present, the three security guards cannot be arranged for vacation, and Zhao has not taken vacation for more than 100 days.
In response to the family of the deceased reflecting the long-term high temperature of their working environment, the person in charge said that the temperature in Guangdong itself is relatively high, and Zhao's security duty room is not only equipped with a fan, but also provides herbal tea, compared with the working environment of front-line workers in the workshop, the duty environment of the security room is much better.
In response to the question of how to deal with Zhao's sudden death in the dormitory, the person in charge said that the local social security department has determined that he died not due to work, and in accordance with the "Regulations on the Pension Treatment of Employees of Enterprises in Guangdong Province", the corresponding one-time pension will be given to the immediate family members, but because Zhao's family has objections to the amount of compensation, the company's lawyer and Zhao's family are currently negotiating on the compensation issue.
It was determined at the scene that the man was dead and ruled out homicide
According to the "Investigation Form of the Public Security Department Involving Corpses (Cases)" issued by the Rongxing Police Station of the Xiaolan Branch of the Zhongshan Municipal Public Security Bureau, at about 10 a.m. on August 23, 2023, the police received a report from the policeman Luo (a colleague of the deceased man Zhao) that when he went to Zhao's residence, he found that he did not respond, and immediately called the police.
Later, the police and 120 of the institute arrived at the scene, and the medical staff confirmed that the man was dead, and the forensic doctor was notified to go to the scene (homicide has been ruled out). The family of the deceased now has no objection to the cause of death.
Lawyer:
Liability for infringement may be claimed against the Company
Ma Cong, a lawyer at Shaanxi Synchronous Law Firm, said that if a worker dies suddenly after work, although the family members of the employee cannot obtain work-related death insurance benefits because it does not constitute a work-related injury, if the employer has a tort that causes the sudden death of the employee, the family can request the employer to bear the tort liability.
In this case, the company admitted that Zhao had worked overtime for a long time, which had exceeded the relevant provisions of the Labor Law, and the company did not deny that Zhao had been working in high temperatures for a long time. Based on the above reasons,It cannot be ruled out that there is a causal relationship between the long-term overtime work arranged by the company and Zhao's sudden deathMoreover, the company seriously neglected the protection of Zhao's health and infringed on Zhao's legitimate rights and interests, so it should be determined that the company has committed infringement and is subjectively at fault. The family can claim tort compensation from the company.
*: Huashang Daily Gale News.
Editor: Cui Taoran.