Editor's Note: All work and no play can be fatal. But it looks like there was some play after all. The translated article reports on a complicated court case involving overtime and porn.
A man’s family is suing Beijing Yinuo Fashion International Trade Co. Ltd after he died last May from overwork. Zhang suffered a brain hemorrhage while working as a designer at the Beijing company, leaving behind a wife and son. His family said that he had worked more than 100 consecutive days and claim that he had died from overwork.
Zhang’s family sued his former company for 10 million Yuan. The case was heard yesterday at Beijing’s Shijingshan court. The company’s lawyer said that the day before the incident, Zhang was at the office, but was not working. Instead, the lawyer said, Zhang was watching porn therefore his death was his own fault.
“Please Come Help Me”
Zhang’s wife Zhao submitted a surveillance video taken at the company’s offices. In the video, Zhang sits in the office in front of the computer on May 1 at 8:35 am. That day, Zhang had called his wife at 2:18 pm and left a message for her saying, “I do not feel well, please come help me.” Zhao, who lives in Tianjin, tried to call her husband back seven or eight times but he did not answer.
The video shows Zhang at 2:20 pm collapsed in his chair in the office. At 4:46, a delivery person stopped by Zhang’s office and found him unconscious. He immediately called 120, and emergency personnel rushed to the scene.
Worked to Death?
Zhao said that her husband died seven days after he was found unconscious in his office. However, the law only recognizes a death as work-related if it happens within 48 hours of being at work. Because of this, Zhao could not apply for compensation for a work-related injury or death, and had to dispute this in court.
The company’s lawyer said that Beijing Yinuo’s hours are 9 am to 6 pm with a half an hour lunch break. “Working time does not exceed eight hours as is stipulated by law. There is no overtime at the company.”
The lawyer argued that Zhang’s death had nothing to do with the company. The company has already given Zhao 30,000 Yuan for Zhang’s medical expenses, and the family has raised 20,000 Yuan online.
Porn at the Office
The company’s lawyer claimed that on May 1, Zhang was not working. Instead, he was looking at porn and masturbating. The lawyer said that Zhang did not open any software on his computer that he usually used for design work that day. The company also submitted surveillance tapes from May 1 and claimed that it was clear that Zhang was looking at porn and masturbating at 12:18 pm, 12:39 pm, 1:10 pm, and 1:14 pm.
After a nearly two and a half hour trial, no verdict was reached.
Source: The Paper
Warning：The use of any news and articles published on eChinacities.com without written permission from eChinacities.com constitutes copyright infringement, and legal action can be taken.
Keywords: death overwork porn porn overtime court
All comments are subject to moderation by eChinacities.com staff. Because we wish to encourage healthy and productive dialogue we ask that all comments remain polite, free of profanity or name calling, and relevant to the original post and subsequent discussion. Comments will not be deleted because of the viewpoints they express, only if the mode of expression itself is inappropriate.
Please login to add a comment. Click here to login immediately.
Don't be a sheep, even if it's a Chinese guy if he was being overworked he could have talked to his boss about reducing the working hours and in return perhaps reducing his salary a bit as well. If the boss doesn't agree just look for an other job.
Mar 13, 2016 21:38 Report Abuse