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Is Karoshi A Work-Related Injury?

2016/12/16 20:18:00 32

KaroshiIndustrial InjuryLabor Laws

Recently, as the media reported several "overworked deaths", the topic of "overwork death" once again aroused heated debate.

In the voice of many Tucao, some people issued the appeal of "overworked death" should be included in the category of work injury as soon as possible, and attracted many applause.

However, whether "karoshi" is suitable to be included in work-related injuries? Is "overworked death" a solution to work injury? It is worth considering carefully and not being coerced by sentimentality.

As the name suggests, "karoshi" should be excessive.

Fatigue lethality

The cause of overfatigue is usually caused by multiple factors.

A man has life besides his work.

If we say that we should have a good rest after working hard for 8 hours every day, those mothers who take care of their families as their responsibility and spend more time on more energy and physical strength are more likely to become the unfortunate ones who suffer from "overworked death".

Although karoshi is worthy of sympathy, we should not equate karoshi to overwork.

"Karoshi" is also involved in work-related injuries and is faced with operational and reasonable problems.

If "overworked death" is included in the legal system, it must be a clear boundary and easy to clarify responsibilities.

"Karoshi" is obviously not such a concept.

Although there are media reports that excessive overtime has become the leading cause of "overworked death", it can not be the basis for judging judicial practice.

When a case of "overworked death" occurs, whether the dead is overworked or exhausted due to fatigue in life, and if the first two have both, the extent to which work and life should shoulder corresponding responsibilities is actually difficult to clarify and divide.

For law enforcement judiciary, it is difficult to make an accurate and reasonable judgement.

If no distinction is made, the employer (unit) will bear the burden of "overwork".

Compensation liability

It's not fair.

Without considering this factor, even if the rules are formulated, it will inevitably be embarrassed in implementation.

In the long run, "overworked death" can not solve the problem fundamentally.

According to reports, the number of "overworked deaths" in China every year is 600 thousand, and has surpassed Japan as the first big country of "overworked death".

Therefore, some media joked that we walked into the era of overwork.

Can "overwork death" be included in industrial injury to help us get out of the "overworked era"?

"Overworked death" is only a compensation measure after the incident. It will not only prevent the tragedy from happening, but may become a pushing hand for employers (units) demanding workers to overwork overtime.

The phenomenon of karoshi is more and more, and it can not be ignored. In particular, the relevant departments should pay more attention and take positive actions.

For example, we should increase the publicity and implementation of labor laws and regulations related to the protection of workers' rights and interests, improve the illegal cost of forcing employees to overwork overtime in violation of labor laws and regulations, and establish and improve the maintenance of employers (units).

Worker

The rigid requirements of physical health, such as improving the physical examination system, improving the frequency of physical examination, strengthening the propaganda of national health knowledge, raising the awareness of the health of the whole people, and enhancing the consciousness and precaution ability of the whole society to "overwork death" and so on.

Treat the disease before treatment.

How to prevent the tragedy of karoshi is more worthy of concern than discussing whether "overwork" is included in industrial injury.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.


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