a woman in Shenzhen, appealed for "staying up late to be included in the category of industrial injury". The women's paper
recently, a woman in Shenzhen filed a protest against the appeal for "staying up late in the industrial injury category". The woman is bright and beautiful, but her face is gaunt and senescent. It is understood that the woman is 25 years old, because the company often stays up late to work overtime, the appearance of accelerated aging, resulting in love frustrated. She complained of indignation on the street and called for "aging to calculate work-related injuries". Its action attracted people to watch, and after the picture was spread to the Internet, netizens joined in the debate on whether aging is a work-related injury. According to the results of "2015 white-collar 8 hours quality of life survey of white-collar workers in 2015", 30% white-collar workers work overtime more than 5 hours a week. The industrious Ji'nan white-collar workers are more than the national average and extra 8 hours a week! Will the overtime work really lead to premature senility in the future? Is it possible to do overtime work in the future?
a staff member of the social insurance bureau of Ji'nan, Shandong Province, said that there is no legal basis to stay up late at night. The three principle of identifying work-related injuries is: in working hours and in workplaces, they are injured by accidents for work reasons. Aging is a natural process, and it is difficult to identify it as an accident injury. In addition, aging happens all the time, and is not limited to working hours and working occasions. Even if workers return to their homes or go out for entertainment, they are going through the process of aging. From the point of view of the cause of work, it is concluded that there is a causal relationship between injury demands and occupational activities. This is the core element of determining the work-related injury, but this is very difficult to determine.
as to whether overtime death is a work-related injury, it must be determined according to the actual situation and can not be generalized. There is not much comparison between the sudden death of overtime and the old age of staying up late and working overtime. Sudden death in overtime is a definite injury and occurs at fixed time and fixed place. Aging is a natural process that happens all the time.
the causal relationship between staying up late and aging is difficult to identify
Wang Xinliang, lawyer of Ji'nan Xin Liang law firm, said that whether it is now or later, "staying up late and aging" is hard to identify as work-related injury. First of all, the degree of aging is difficult to identify. It is difficult to be recognized by the law, even though it can be identified by measuring the age of bone age or other ways, and it is difficult to prove the causal link between aging and staying up late.
at present, China's labor law only restricts overtime hours, but there is no requirement for overtime. It stipulates that: "the employer can extend the working hours after consultation with the trade unions and workers, usually not more than 1 hours a day. The extension of working hours for special reasons should not exceed 3 hours per day for ensuring the health of the workers, but not more than a month. 36 hours. " He suggested that if workers feel that overtime work exceeds the relevant provisions, they can sue employers according to law.
feminist Luo Aiping: the implementation of China's overtime policy is unsatisfactory
the woman married to Germany after the birth of Shandong in Ji'nan told reporters that in Europe, many countries have little overtime, so the legal provisions in this respect are not as perfect as China. For example, Britain stipulates that employees can not work for more than 48 hours per week, but there is almost no concept of overtime pay. If the French employees work more than 35 hours in a week, they will be paid overtime, and the first 8 hours of overtime are 1.25 times the average salary, and then 1.5 times the time. There are no unified overtime regulations in Canada. "I also feel that working overtime is not supposed to be a job injury, but I think the law should make rules for overtime hours, such as working overtime at 8 p. m. and so on. In order to finish work in the day shift, it is best not to ask the staff to stay up late. "
Luo Aiping, editor of the Guangzhou daily, is a leftover woman researcher and a feminist. At present, she is traveling in the United States. She said that the relevant laws in the United States do not have a working time limit, but only stipulate that all those over 40 hours of work must pay overtime, requiring employers to pay 1.5 times an hour's salary for the part of the overtime. But the United States stipulates that the workers in the management position and professional position do not apply the legal overtime pay, which is "zero overtime", which is the so-called "white-collar exemption" system. "Although there is no ceiling for work, the United States is a very powerful union. It is very serious not to pay overtime pay in the United States. Therefore, there will be no frequent overtime in the United States.
Luo Aiping thinks that China's overtime policy is fairly favorable compared with many countries, but the actual implementation may not be satisfactory. China's trade union organizations and women's protection organizations should also play a greater role in protecting female white-collar workers.
Zhou Xia, director of the rehabilitation medicine department of the Second Affiliated Hospital of Shandong Provincial University of traditional Chinese medicine, said that overtime do not necessarily lead to aging, but often staying up late may have an impact on health. For example, memory impairment, endocrine disorders, and so on. "Although medicine also believes that staying up late at work has an impact on physical health, it can not constitute a legal causal relationship.
, therefore, it is very difficult to put the midnight stay in the category of work-related injuries. Aging is closely related to genes, environment, diet and psychology. It is not decided by a single factor. I suggest that female white-collar workers should maximize efficiency and reduce overtime. On the other hand, we should keep our mentality young and healthy, so as to avoid premature aging.