Who Will Pay For Overtime Work? Lawyer: No Enterprise Is Responsible Unless It Is Identified As Work-Related Injury.

Cao, a 35 year old lady in Jinhua, Zhejiang, is in good health on weekdays. At the end of the year, the company was busy, working overtime for nearly a week, returning home at 10 o'clock in the evening, and going out second days, 6 hours. Soon, she had a fever and chest tightness. She thought it was a common cold. After two days, 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, I interviewed a number of employees and business managers on the issue of employees' continuous overtime work and fatigue induced diseases, and interviewed Zhao Qiang, lawyer of Beijing Ying Ke law firm on the issue of occupational injuries.

　　 Employee voice

Excessive overtime should be appropriate for sick businesses. Responsibility

"If we can prove that the sudden illness caused by overtime work, enterprises should be responsible." In the face of the author's question, 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. angle 。

"Overtime is quite common for me." Li Ying, a staff member, said he had worked as a salesperson for a network marketing company. Because of the heavy network sales task every month, she began to work overtime every month from mid 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. She 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 excessive 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."

　　 Views of business management personnel

Overwork overtime or decrease frequently Work efficiency

"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. His staff manages 18 staff members.

"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.

　　 Lawyer's point of view

The definition of industrial injury should be lawful and reasonable, and rights need rationality.

For Ms. Cao's overtime work for a week, resulting in cardiac arrest, Zhao Qiang, a lawyer at Ying Ke law firm, said that the workers suddenly had diseases during their work, except for the occupational injuries and occupational diseases identified in the industrial injury insurance Ordinance. They were not considered work-related injuries. 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.

As to how to identify work-related injuries, Zhao Qiang pointed out that the fourteenth article of the industrial injury insurance Ordinance enumerates a number of situations, including: accidents in work hours and workplaces, and accidents related to work or work in the workplace. 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 view of the problem of excessive overtime work, Zhao Qiang said that according to the labor laws and regulations, the State implements a working hour system with a daily working time of no more than 8 hours and an average weekly working time of not more 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 workers. Generally, no more than one hour per day. For special reasons, it is necessary to extend the working hours. Under the condition of ensuring the health of the workers, the extension of working hours should not exceed 3 hours per day, but not more than 36 hours per month. At the same time, the law also stipulates that the extension of working hours shall not be restricted by the extension of the working hours of this Law in any of the following circumstances: urgent handling is required for natural disasters, accidents or other threats to workers' lives and health and property safety; failure of production equipment, transportation lines and public facilities, which affect production and public interests, must be promptly repaired; other circumstances prescribed by laws and administrative regulations shall be repaired. The employer shall not extend the working hours of the workers in violation of the provisions of this law.

If employees are facing too long overtime work, Zhao Qiang lawyers suggest that the relevant evidence of enterprises should be retained and reflected to the labor supervision department in a timely manner. If the enterprise is indeed in violation of the provisions of the law, the overtime work time is too long, the labor supervision department should be punished according to the circumstances of the violation.

　　 Editor's note

Is it reasonable to pay too much overtime?

Perhaps according to the existing laws and regulations, "excessive overtime leads to fatigue and disease", unless enterprises are injured or occupational diseases, enterprises really have no responsibility. But the editor believes that this actually raises a new proposition: can people expect "employees to take off too much overtime"? In reality, I am afraid there are not many such employees. Since we can't expect "employees to ask for leave when they are overworked," it is inevitable that excessive overtime will lead to illness. Since the two parties are so closely connected, the medical expenses are entirely paid by individual employees, which is obviously unfair.

Looking back on the process of entering into the "work-related injury system", the unfairness of the above phenomenon is even more obvious. The industrial injury system is not born with factories. Because at first, people thought that according to the ideal state, if factories were strictly in accordance with production safety regulations, employees would also operate according to established regulations, and industrial injuries would hardly happen. In other words, the occurrence of work-related injuries is more or less related to personal factors such as negligence or fatigue of employees. Since the occurrence of work-related injuries is mostly due to the personal reasons of employees, what are the reasons for them to bear responsibility?

But then people gradually discovered that it is unrealistic to expect employees to remain highly focused at all times, and always require a person to be highly focused and unhuman. In other words, the occurrence of work-related injuries is one of the inevitable products brought about by mechanized mass production. It is not reasonable to overly criticize the parties' slack. Therefore, the industrial injury system came into being.

Finally, what the editor wants to say is that it is necessary to establish a relevant guarantee system when the occurrence of a hazard is highly probable and not to blame the parties concerned. It is not reasonable for the loss to be paid entirely by the individual.