Man in China dies after working 104 days with 1 day off; court finds employer 20% responsible

Man in China dies after working for 104 days with only 1 off day

A recent case in China’s Zhejiang province has brought to light a serious violation of labour laws in the country.

After working continuously for 104 days with only one rest day, a 30-year-old man fell ill and sought medical attention.

Unfortunately, despite emergency treatment, he passed away due to multiple organ failure.

A court in Zhejiang province has ruled that the man’s employer was 20% responsible for his death and ordered the company to pay compensation.

Man dies from multiple organ failure

Citing a report by Guangzhou Daily, the South China Morning Post reported that the man died from multiple organ failure due to a pneumococcal infection.

Pneumococcal infection is a bacterial illness that can be exacerbated by a weakened immune system.

In February last year, the man signed a contract to work as a painter for a company whose name has not been disclosed.

The contract was scheduled to last until January this year, and he was assigned to a project in Zhoushan.

From February to May, the man worked every day, with only one rest day on 6 April.

He fell ill on 25 May and, despite taking a day off to rest, his condition worsened rapidly.

By 28 May, he was hospitalised due to a lung infection and respiratory failure. Sadly, he passed away on 1 June.

Company claims workload was ‘manageable’

Initially, social security officials did not classify the man’s death as a work-related injury since over 48 hours had elapsed between the onset of his illness and his death.

Nonetheless, his family pursued legal action against the company, accusing it of negligence.

In its defence, the company claimed that the man’s workload was “manageable” and that any overtime was voluntary.

It argued that his death was due to pre-existing health issues and a lack of timely medical intervention.

However, the court found that the man’s continuous work for 104 days was a clear breach of Chinese Labour Law, which stipulates a maximum of eight working hours per day and an average of 44 hours per week.

The court concluded that the relentless work schedule significantly contributed to the man’s deteriorating health and subsequent death.

As a result, it held the company 20% responsible for the tragedy and awarded the man’s family compensation of US$56,000 (S$72,500) for emotional distress.

Despite the company’s appeal, the Zhoushan Intermediate People’s Court upheld the original ruling in August this year.

The court’s decision has sparked widespread outrage on Chinese social media, with many criticising both the company and the compensation amount, deeming them inadequate given the gravity of the situation.

Also read: Woman in Thailand dies after manager allegedly denies her sick leave

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