Predicament And Solution Of "Overworked Death" Law Application

At present,China is in a period of social transformation.The rapid rise of emerging industries requires workers to devote more energy to adapt to the changes in the industry.In order to obtain higher returns,employers implement performance appraisal systems to encourage workers to voluntarily extend their work.Time,this way makes the workers feel physically and mentally exhausted,unable to get enough rest,and eventually leads to sudden illness or death of workers or overwork and suicide.However,China's existing laws and regulations do not stipulate the relief method of "overwork death",and it is difficult for family members of workers to obtain relief through legal means after the workers die from overwork.Because "overwork death" has uncertainty and complexity,when an employee suddenly dies and fails to meet the time,place,and treatment time for more than 48 hours,he will not be able to receive work injury insurance benefits.Workers ? families will take tort relief to make up for the damage they have suffered,but in practice,because the workers? families are in a vulnerable position,the evidence collected cannot prove that the unit has illegal acts,faults,deaths due to overwork,and employers forcing them to extend their work.Causality between time.When the court makes a judgment,the employer will determine that the employer has no illegal acts or faults due to insufficient evidence,and the family members of the workers will not be able to obtain relief for infringement.Drawing on Japan's experience in managing "overwork death" and the opinions of analysts,it will be incorporated into the Article 14 of the "Work Injury Insurance Regulations" to identify work-related injuries.When the work injury insurance is not enough to make up for the damage or cannot be compensated,the infringement supplementary remedy is chosen.When the employee proactively extends the working hours to create income for the unit,the unit and the employee are considered to have reached an agreement.Subjective fault,the principle of inversion of burden of proof should be applied to the burden of proof of causality,and a strong employer should prove that there is no causal relationship between the damage result and its infringement.Access to tort relief.The above-mentioned solution can expand the scope of relief for workers' families,solve problems in practice,and protect the rights and interests of workers.