Death From Overwork Due to Irregular Hours Reignites Controversy Over Employee Compensation (AI Translation)

【周刊提前读】不定时工作制的过劳死：工伤认定争议再起

After extensive legal and administrative struggles, Jiang Dengshuai's wife, Feng Wanwan, secured work-related injury recognition for her husband's death. Jiang, a busy salesperson at Muyuan Meat Products, died on January 1, 2023, after working late on December 31 despite his positive COVID-19 status and extreme fatigue [para. 1][para. 3].

During the year-long process, Feng faced rejections from the Nanyang County Human Resources and Social Security Bureau and Neixiang County government. The central legal issue revolved around whether Jiang's death due to a sudden illness could be deemed a work-related injury under Chinese law's strict definitions[para. 3][para. 1]. A key regulation specifies that work-related injuries involve sudden illness during work hours at the workplace or within 48 hours of unsuccessful rescue efforts—a policy termed "death due to illness deemed as work-related injury" [para. 4][para. 5].

Feng detailed Jiang's demanding work-life, noting he regularly worked late into the night and even while sick. This situation reflects broader disputes over regulations for work-related injuries, particularly concerning sudden illness deaths during work or shortly after. Legally, employers must cover work-related injury insurance benefits, including funeral subsidies and pension benefits. However, unclear boundaries between work and rest areas, especially for employees on irregular schedules, complicate these cases [para. 4][para. 7].

Jiang's case proceeded through administrative and judicial channels, highlighting discrepancies in interpreting existing laws. At first, the Human Resources and Social Security Bureau denied recognition, lacking evidence tying Jiang's sudden illness directly to work activities. However, Feng argued Jiang’s activities blurred the lines between work and rest—effectively merging his dormitory and workplace. She cited continuous efforts to handle work matters, even returning to duties after hospital visits [para. 3][para. 8][para. 10].

The case underscores ongoing controversies since the 2004 enactment of the “death due to illness deemed as work injury” provision. This regulation encounters criticism for excluding overwork deaths outside designated workplaces and its rigid 48-hour death limitation, which forces painful decisions on workers' families. Similar cases often result in protracted litigations and differing judicial interpretations, sometimes expanding definitions to strengthen worker protections yet also increasing administrative burdens [para. 4][para. 12][para. 14].

The Neixiang County Human Resources and Social Security Bureau initially adhered to stringent criteria, requiring simultaneous occurrence of sudden illness, work hours, workplace, and continuous medical rescue efforts to classify an illness-related death as work injury. This rigid interpretation often excludes cases like Jiang’s where blurred work-life boundaries and immediate fallouts complicate straightforward application [para. 14][para. 17][para. 22].

Feng’s persistent efforts led to reopening the investigation, with new WeChat evidence corroborating Jiang’s severe health deterioration during extended work hours. This evidence facilitated an eventual acknowledgment of Jiang’s death as a work-related injury, prompting renewed debate on the broadening need for judicial interpretations to protect workers over strict adherence to regulations [para. 17][para. 23].

Judicial measures in similar cases exemplify varying court approaches. For instance, the Chongqing High People's Court broadened the criteria for recognizing work-related injuries, stressing fair, reasonable judicial interpretations aligned with labor protection laws. This expanded view supports acknowledging cases where workers' conditions deteriorate due to continuous job demands, even beyond rigid 48-hour post-illness frameworks [para. 20][para. 22].

The debate on legal and administrative interpretations of work-related injury laws persists, impacting similar future cases. While administrative bodies strive for balanced decisions respecting legislative intents, some judicial bodies push for broader, fairer interpretations, embodying the tension between rigid regulatory adherence and the evolving need to protect overworked employees effectively [para. 26][para. 29].

Proposed legal reforms aim to address this tension by considering broader definitions of work-induced illness and employer responsibilities. Meanwhile, individual cases, like Jiang Dengshuai's, help spotlight the ongoing legal and ethical challenges in recognizing work-related injuries within China's dynamic labor landscape [para. 33][para. 37].