Chinese Man, 30, Dies After 104 Days Of Work Without Break. Here’s What Court Said – News18

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The man passed away on June 1.
(Representational/ File Photo)

The man passed away on June 1.
(Representational/ File Photo)

On May 25, he called in sick because he was not feeling well and rested at his dormitory the whole day.

An unfortunate event that brings to light the catastrophic consequences of working tirelessly occurred recently when a thirty-year-old Chinese man suffered organ failure following an exhausting 104 days of work followed by just one day off.

According to Guangzhou Daily, a Zhejiang provincial court determined the company in question had 20% of the blame for the man’s demise. The court determined that a pneumococcal infection — which is frequently associated with a compromised immune system — caused multiple organ failure in a man identified as A’bao.

As reported by the South China Morning Post (SCMP), in February last year, A’bao entered an employment agreement to be a painter for a firm whose name had been withheld by the court.

The contract was reportedly expected to run through the end of January this year but he was transferred to a project in Zhoushan in Zhejiang province in southeast China.

A’bao signed the contract and was working every day from February to May last year with only one rest day on 6 April, SCMP reports.

On May 25, he called in sick because he was not feeling well and rested at his dormitory for the whole day.

On May 28, the situation of A’bao suddenly worsened, SCMP reported, adding that he was taken to hospital by his colleagues. Doctors determined he was suffering from a lung infection and respiratory failure.

He passed away on June 1.

Social security authorities told the investigating team during preliminary interviews that since A’bao got sick on Wednesday and died on Saturday, the death could not be considered an occupational injury because more than 48 hours had elapsed between his getting sick and dying.

His family then sought compensation through the courts in a case of what they claimed as employer negligence, the report added.

In response, the company claimed that A’bao’s work schedules were not excessive and that any extra hours that were worked were done so willingly.

They also argued that when he succumbed he was suffering from other illnesses, which were never treated and only were allowed to compound his death.

SCMP cited the court’s decision reporting that it was in agreement with the defence that A’bao working for 104 days continuously was a violation of Chinese Labour Law whereby the employees are allowed to work a maximum of eight hours daily and an average of 44 hours a week.

It decided that the labour regulations violation of the company contributed to the frailty of A’bao’s immune system leading to death and therefore the company is 20% responsible for the incident.

The court reportedly compensated the family with 400,000 yuan (over Rs 47 lakh), in which the amount of 10,000 yuan (almost Rs 12 lakh) was for the mental suffering arising out of the death.

The Zhoushan Intermediate People’s Court maintained the initial decision in August despite the company’s appeal.