Family members claim to have not rested for over 190 days! Multiple responses, 48 year old security guard died suddenly in dormitory

Recently, Ms. Li from Hanzhong, Shaanxi Province, reported to reporters that her husband works 12 hours a day and has not been on vacation for more than 190 days. The indoor temperature exceeds 40 ℃, causing her husband to die suddenly at night after returning to his rented house.

Family feedback:

Severe overload of work leading to her husband's sudden death

It is reported that Ms. Li's husband, Zhao, went out to work in 2008 and joined Lida Knitting Factory Co., Ltd. in Zhongshan City, Guangdong Province. He resigned two years later. I rejoined the company in March 2010 and signed a labor contract with it in March 2011 until August 2023.

Zhao has worked in the company for over 14 years as a security guard. On the morning of August 24th this year, the family received a notice from the company that Zhao had died in the dormitory he rented outside the factory after finishing work on the evening of August 23rd.

Ms. Li believes that the death of her husband Zhao is directly responsible for the serious violation of labor laws by Lida Company, as the labor laws stipulate that employees work 8 hours a day, while the company has been implementing a 12 hour work schedule. The labor law stipulates that employees work 176 hours per month, while Zhao works an average of 360 hours per month, which is severely overloaded with work.

At the same time, the labor law stipulates that employees should take at least one day off per week, while Zhao worked continuously for nearly 200 days without taking a day off from February 1 this year until his death.

Moreover, the security room where he works during his working hours is exposed to sunlight and only covers an area of over 10 square meters. In the continuous high temperature of 40 ℃ in July and August in Zhongshan City, the company only provided electric fans to cool down the security room. The family believes that the company seriously did not comply with national laws and did not care about the lives of its employees, resulting in the death of Zhao.

Journalist investigation:

The WeChat circle of the deceased is all "hot"

According to information provided by the family of the deceased Zhao, a reporter from Huashang Daily's Dafeng News saw that the last message on Zhao's WeChat Moments was on July 26, 2023.

In the four WeChat moments it posted, all four dynamic messages were: "This temperature is about to steam!" The four dynamic messages were on May 30th, July 11th, July 15th, and July 26th, 2023.

According to the clock in records provided by the family members, it is densely displayed that their working hours are uninterrupted.

Company response:

The security is not sufficient, and there have been over 100 days without rest

At 2:20 pm on September 8th, the reporter called Zhongshan Lida Knitting Garment Factory Co., Ltd. A person in charge of the company's personnel department stated that the deceased Zhao was indeed the security team leader of the company and had been working there for 12 years.

In response to the questioning from the family of the deceased Zhao that the company had not arranged for Zhao to rest for 190 days, the person in charge admitted that the family's statement did indeed exist. The reason was that there were four security guards at the factory, and due to one of them being injured, three security guards could not be arranged for leave. Zhao had not taken leave for more than 100 days.

In response to feedback from the family members of the deceased about their long-term high working environment, the person in charge stated that the temperature in Guangdong is already relatively high. Zhao's security duty room is not only equipped with fans, but also provides herbal tea. Compared with the working environment of frontline workers in the workshop, the duty environment in the security room is much better.

Regarding the issue of how to handle Zhao's sudden death in the dormitory, the person in charge stated that the local human resources and social security department has determined that his death was not due to work, and in accordance with the Guangdong Province Regulations on Enterprise Employee Compensation and Benefits, he will provide a corresponding one-time compensation to his immediate family members. However, due to objections from Zhao's family regarding the compensation amount, the company's lawyer and Zhao's family are currently negotiating on the compensation issue.

Local police:

The police confirmed the man's death at the scene and ruled out homicide

According to the "Investigation Form on Corpse Related Incidents by the Public Security Department" issued by the Rongxing Police Station of the Xiaolan Branch of Zhongshan Public Security Bureau, on the morning of August 23, 2023, the station received a report from the police officer Luo, who reported that he had not responded when he arrived at Zhao's residence and immediately called the police.

Later, the police officers and 120 arrived at the scene. After confirmation by medical staff, it was confirmed that the man had died. The forensic doctor was notified to go on site. Now the deceased's family has no objection to the cause of death.

Lawyer's statement:

Family members can claim compensation liability for infringement from the company

Lawyer Ma Cong from Shaanxi Synchronous Law Firm stated that if a worker dies suddenly after work, although it cannot be considered as a work-related injury and family members cannot obtain work-related death insurance benefits, if the employer engages in infringement behavior that leads to the worker's sudden death, family members can demand that the employer bear infringement liability.

In this case, the company acknowledges that Zhao has been working overtime for a long time, which has exceeded the relevant provisions of the Labor Law, and the company has not denied that Zhao has 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 behavior arranged by the company and Zhao's sudden death. Moreover, the company seriously neglects the protection of Zhao's physical health and infringes on Zhao's legitimate rights and interests. Therefore, it should be determined that the company has engaged in infringement behavior and is subjectively at fault. Family members can claim compensation liability for infringement from the company.