A court in Zhejiang province has ruled that a company was 20 percent responsible for the death of a worker, identified as A’bao, according to a report by Guangzhou Daily. The court found that A’bao died from multiple organ failure caused by a pneumococcal infection, which is often associated with a weakened immune system. His death has sparked widespread outrage across China, highlighting concerns about worker treatment and harsh labor conditions.
In February of last year, A’bao signed a contract to work as a painter for a company whose name was not disclosed by the court. The contract was set to last until January of this year. He was subsequently assigned to a project in Zhoushan, Zhejiang province, located in eastern China.
After signing the contract, A’bao worked for 104 consecutive days between February and May, with only one rest day on April 6. On May 25, he took a sick day after feeling unwell and spent the day resting at his dormitory. However, by May 28, his condition worsened rapidly, and he was taken to the hospital by his colleagues. A’bao was diagnosed with a lung infection and respiratory failure, and tragically passed away on June 1.
During the initial investigation, social security officials determined that because more than 48 hours had passed between A’bao falling ill and his death, it could not be classified as a work-related injury. A’bao’s family subsequently filed a lawsuit, alleging negligence on the part of the employer.
In its defense, the company argued that A’bao’s workload was manageable, that any overtime was voluntary, and that his death was due to pre-existing health issues and delayed medical intervention.
However, the court found that A’bao’s ability to work for 104 days without adequate rest was a clear violation of Chinese Labor Law, which limits work hours to 8 hours per day and an average of 44 hours per week. The court ruled that the company’s failure to adhere to labor regulations contributed significantly to A’bao’s weakened immune system and eventual death. The company was held 20 percent liable for the incident.
The court awarded A’bao’s family 400,000 yuan (approximately US$56,000) in compensation, which included 10,000 yuan for emotional distress. Despite the company’s appeal, the Zhoushan Intermediate People’s Court upheld the original verdict in August.
A’bao’s death has ignited widespread discussions and outrage on Chinese social media, with many condemning the company’s lack of responsibility and highlighting broader issues related to labor conditions in China. One user wrote, "Painting is inherently harmful to our health. At 30, he lost his life, and his family was shattered. The court only awarded 400,000 yuan. What’s even more outrageous is that the company appealed the initial judgment, showing no sympathy or basic humanity."
Another commenter added, "It’s heartbreaking to see this. Working like this is truly exchanging one’s life for money." Others criticized the low cost of breaking labor laws, with one individual stating, "The cost of breaking the law for companies is too low, and it seems the labor law only exists to restrain the workers."
Unfortunately, A’bao’s case is not an isolated incident. In 2019, a worker named Zhu Bin died while commuting home after working the entire month of July without rest, clocking 130 hours of overtime. In that case, the court held Zhu’s employer 30 percent responsible and awarded the family 360,000 yuan (approximately US$50,000) in compensation.
Source / Image Credit : South China Morning Post, MustShareNews
Revathi
Thu Sep 19 2024