Legal Thoughts On The Problem Of "Overwork"

"Karoshi" is a hot issue in the field of current labor relations, as "karoshi" own complexity, for related concepts, identification standards and other issues, academia has not yet formed a unified point of view. Currently, in various industries, "karoshi" increasingly serious issue, a serious threat to the fundamental rights of workers, and therefore the need for further discussion were theoretically.This article is divided into five parts, following the thinking of writing is to ask questions, analyze and solve problems. Concept and current status of the first part of "karoshi" Empirical Analysis Interpretation questions were selected two angles. First introduced the "karoshi" concept, for this issue to qualitatively; followed by mathematical statistical method on the current "karoshi" An Empirical Analysis of the status quo to draw some convincing data; the second part is "karoshi" theoretical analysis of the problem, select the three angles, first from the current academic comparative analysis of "karoshi" nature of the different theories; Second, from a human rights perspective to analyze the "death from overwork" phenomenon; and finally from corporate social responsibility theory to explore "karoshi" phenomenon; and the third section describes the current problems, "karoshi" in practice, highlighted three; First flaws and defects in the legislative level, the lack of mental protection; the second is the organizational level of the trade unions and other workers organizations lack of energy, in terms of the relevant interest as a limited protection; Third-level labor supervision on law enforcement and supervision department of law enforcement is weak, weak regulatory sanctions;The fourth part introduces foreign "karoshi" legal regulation for Reference. They were introduced in Japan about the "karoshi" approach with inspiration and revelation of American practice and "karoshi"; and the last part explain containment "karoshi" countermeasures; one unequivocal "karoshi" clearly identified criteria should insist on the use of work-related injuries, said the level of the labor law and outside the field of labor law infringements say; identify related injuries on benchmarking existing procedures, the rules of the principle of no-fault principle of the main provisions of business exemptions; second is a clear trade union rights, sound union functions; three is to increase corporate responsibility, increase the cost of illegal; Fourth, enterprises should establish the correct corporate culture and sense of responsibility laws.