Law Lecture Hall: Can Mental Injury Be Included In Work-Related Injuries?

Compared with the developed countries, China has lagged behind in the identification of work-related injuries because of its economic development level, culture and tradition.

In some developed countries, the basic criterion for determining occupational injuries is whether they are related to jobs or jobs, including mental injury and physical injury.

One day in early September, a 34 year old woman in Zhuhai, Guangdong.

When she finished her sick leave, she was supposed to go to work on the same day.

It is reported that the female worker was sick due to overwork, mental stress and depression.

The family members have proposed work-related injury compensation, but so far they have not been identified.

Can it be included in work-related injuries?

The woman's husband presented a hospital diagnosis showing that the woman was diagnosed as "depression and anxiety disorder" due to heavy work pressure.

His husband said that his wife changed from a relaxed cafeteria post to a production post in March this year. The overtime time before the adjustment was almost zero. But after adjusting the post in March to its mental illness leave, working overtime for at least 39 hours per month and working overtime for 61 hours were obviously against the provisions of the labor law.

According to China's "

"The forty-first article stipulates that" for extended working hours due to special reasons, the extension of working hours shall not exceed 3 hours per day under the condition of ensuring the health of workers, but not exceeding 36 hours per month. "

His husband believes that the overtime time of his wife is obviously higher than that of the legal standard, resulting in excessive mental stress and mental injury.

In response to the case, the Zhuhai Municipal Bureau of human resources and social security said in a written decision on work-related injuries that the death of the party at home was not in line with the provisions of the ninth regulations of the Guangdong industrial injury insurance Ordinance, and that tenth of them were deemed to be work-related injuries.

However, this case has also aroused widespread concern. Can mental injury caused by work be included in work-related injuries?

In our country, although the situation of workers is related to work, it is difficult to be identified as work-related injury by the existing regulations. This is a real dilemma.

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The survey shows that overtime pay 35% and paid vacation 30%.

But another data showed that only 25% of respondents chose to go to relevant departments to complain about infringement of labor rights and interests, while 75% of respondents did not choose to complain.

A boss said, "the boss doesn't want to pay overtime."

For example, our boss said that our unit implemented the piecework wage system. When calculating the wages, the overtime cost was accounted for in the piecework wage. Therefore, during the May Day period, we worked overtime for three days and no longer paid overtime.

What can workers say? "Netizens are not loafes, but not gold," they said.

However, in view of the long process of complaint, filing and settlement, ordinary people still choose to do more than one thing. "

In this regard, Lu Jingbo, director of labor law and lawyer of Jianglian law firm, believes that the idea of workers is also reasonable.

He analyzed that there are three reasons: first, employees are in a weak position during the duration of their labor relations; the so-called people have to bow their heads under the eaves and do not want to be "wear shoes"; secondly, the amount of overtime pay is not large, which is not worth the time and energy; thirdly, the legal process is not only long, but also complicated, and the input-output ratio is not very cost-effective.

Therefore, the vast majority of workers choose to swallow temporarily. "However, some workers choose to settle accounts after the autumn and safeguard their rights after leaving the office. We have also received quite a number of such cases."