Who Pays For Excessive Fatigue And Sickness?

Not long ago, a "white collar worker worked overtime for a week. The news that the virus caused myocarditis and cardiac arrest suddenly after cold" attracted people's attention. Ms. Cao, 35 years old in Jinhua, Zhejiang, was in good health on weekdays. At the end of the year, the company was busy, working overtime for nearly a week, and went home at 10 o'clock at night, and went out 6 o'clock earlier.

Soon, she had a fever and chest tightness. She thought it was a common cold. Two days later, her heart suddenly stopped and she was admitted to the intensive care unit.

As soon as the news came out, the question of whether or not the unit to take charge of medical expenses was a hot topic.

To this end, the reporter interviewed a number of employees and business managers on the issue of employees' continuous overtime and fatigue induced diseases. He interviewed Zhao Qiang, lawyer of Beijing Ying Ke law firm on the issue of industrial injuries.

"If we can prove that the sudden illness caused by overtime work, enterprises should be responsible."

In the face of reporters' questions, Ms. Liu said that from an emotional point of view, she believed that enterprises should pay for diseases caused by overtime work.

In fact, in the interview, many workers said that enterprises should be responsible.

But almost no one knows whether this situation belongs to the category of industrial injury, and the view of "corporate responsibility" is only from a perceptual point of view.

"Overtime is quite common for me."

Li Ying, an employee of the company, was tasked with the interview. He used to be a salesperson in an online marketing company in Beijing. Because of the heavy network sales task every month, she began to work overtime every month in the middle of the month until the end of the month, otherwise it would be difficult to complete her work tasks.

Although the corresponding salary will increase, but long overtime work still makes Li Ying feel very upset.

He resigned from the job.

"After I resigned, I occasionally heard from my former colleagues that the turnover rate of the company was very high, mostly due to over working overtime."

Li Ying said, "in the face of excessive overtime, as employees, we can remind enterprises to reduce their work tasks. If they fail, they can only express their refusal to overwork by resigning."

"I do not advocate working overtime, because overtime does not necessarily improve work efficiency."

Xing Lu is the head of the design department of an interior design company in Beijing. His staff manages 18 workers.

"Demanding punctual commuting is a respect for the working hours of employees."

Xing Lu believes that workers who are not actively working overtime often suffer from strong job losses and are not conducive to efficient development.

Xing Lu, an easy-going personality, has her own unique management concept. She gives her employees plenty of free space to improve their working efficiency through reasonable rewards and punishments, fair management practices and graceful office environment.

And practice has proved that this has indeed achieved a more satisfactory result.

"My designers, even if they do not work overtime, will not have late delivery plans."

Xing Lu said proudly.

For female white-collar workers working overtime for a week, leading to sudden cardiac arrest, Zhao Qiang, a lawyer for Ying Ke law firm, believes that workers' sudden illness during work is considered to be work-related injury except occupational injury and occupational disease.

According to the provisions of the medical treatment period for the sick or non injured workers, a certain period of medical treatment should be given according to the working years, and the corresponding wages shall be paid accordingly.

On how to identify work-related injuries, Zhao Qiang pointed out that

"The fourteenth article clearly enumerates a number of situations, including: accidents in work hours and workplaces due to work reasons; work related preparatory or ending work in the workplace before and after work is injured by accidents; during work hours and in workplaces, accidental injuries due to violence such as performing work duties; occupational diseases.

Other circumstances in which laws and administrative regulations should be identified as work-related injuries.

The provisions of the fifteenth provision of the act are regarded as workers' injury in one of the following situations: sudden death or death within 48 hours during working hours and jobs, and being injured in activities such as rescue, disaster relief and other activities to safeguard national interests and public interests.

If the employee has the first two items mentioned in the preceding paragraph, he shall be entitled to industrial injury insurance benefits in accordance with the relevant provisions of this regulation. If the worker has third cases mentioned in the preceding paragraph, he shall be entitled to work-related injury insurance other than the one-time disability allowance in accordance with the relevant provisions of this regulation.

"The law has clear requirements for the determination of work-related injuries, and it is necessary to comply with the statutory conditions to apply for industrial injury identification."

Zhao Qiang lawyer said.

In the light of

Over overtime, Zhao Qiang said, according to labor laws and regulations: the State implements a working hour system with workers working at no more than 8 hours per day and with an average weekly working time less than 40 hours.

Due to the needs of production and operation, the employer can extend the working hours after consultation with the trade unions and laborers, not more than one hour per day, and extend the working hours for special reasons.

No more than 3 hours per day, but no more than 36 hours per month.

At the same time, the law also stipulates that one of the following circumstances is that the extension of working hours shall not be limited by the extension of the working hours of this Law: emergency and natural disasters, accidents or other threats to workers' lives and health and property safety need to be urgently dealt with; production equipment, pportation lines and public facilities are malfunctioning, affecting production and public interests, and must be repaired in time; other circumstances stipulated by laws and administrative regulations.

The employer shall not extend the working hours of the workers in violation of the provisions of this law.