"Sudden death of 22 -year -old girl overtime", the latest notice: There are irregular behaviors in the management of enterprise employment!

On the evening of the 29th, in response to the "22 -year -old girl overtime death", Hangzhou issued the latest notice:

The online "22 -year -old girl died suddenly", and our bureau involved in the investigation as soon as possible. After verification, the parties Xu Moumou entered Hangzhou Muk Culture Media Co., Ltd. on September 27, 2021. After obtaining the graduation certificate on July 1, 2022, he was officially joined and engaged in live operation. Starting from July 5th, he took leave for his physical discomfort. On July 8th, he went to the Binjiang Hospital of Zhejiang Second Hospital and was admitted to the hospital for treatment. He died unfortunately on July 26.

After investigation, the company's daily working hours are 11: 00-20: 00 (one hour of lunch and dinner). If the live broadcast operators conduct live broadcasts at night, the next day will be given the same time. According to the party's 10 -day attendance record before the party for leave, there were 6 days of night broadcasting, and they had been restricted on the second day. Although the daily work period of the parties did not exceed the statutory limit during this period, the enterprise had irregular behaviors in employment management. We will seriously investigate and deal with the legitimate rights and interests of workers.

We deeply felt a pity to the death of the girl, and urged the company to carry out humanistic care and assistance to their families.

Thanks to all sectors of society and the supervision of netizens.

After the incident attracted attention, some professionals believed that due to the sudden death of the non -office location and time, and the rescue time exceeded 48 hours, it was difficult for girls' death to be regarded as work injury.

Liu Kai, a lawyer of Beijing Zhongwen (Changsha) Law Firm, said that work injury generally needs to be determined in combination with the three elements of working hours, work place, and working reasons. If it is a home office, the private space of the employee is also a workplace. Therefore, an accident occurs during the home office during the home office. With a job, the death of the disease or the death of the rescue within 48 hours is regarded as a working injury. In addition, according to Article 19, paragraph 2 of the "Regulations on Work Injury Insurance", "employees or their close relatives believe that they are work injuries, and employers do not consider work injuries, and employers shall bear the responsibility for proof. The company does not consider it to be a work injury and has the responsibility of proof.

Liu Kai said that according to existing reports, girl Huihui died after half a month after returning home due to continuous overtime. Therefore, it is really difficult to determine the injury under the current legal regulations. However, the family members of girls can still infringe on the right of life, health, and physical rights disputes under the legal relationship of liability. "If the girl's death and continuous overtime, and the employer arranges the work of overloading for girls, the employer should bear the liability for infringement compensation."

Source: Xiaoxiang Morning News

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