Research On Compensation System For Damage Caused By Karoshi In China

"Karoshi" legacy is brought about by the rapid economic development,with the development of our country’s economy and employment situation more and more serious,the worker to work overtime phenomenon gradually normalized,the information office is in November 2019 the national economic operation is put forward in the conference,the national average weekly working hours employees for 46.7 hours,rose 0.5 hours.In the face of the prevailing overtime culture in the enterprise,the situation of overwork or even death caused by overwork due to overwork,if no response to this problem,it is bound to cause the volatility of the labor market and labor conflicts difficult to alleviate."Karoshi" in China is in the vacuum of legislation,according to the existing law,it will be applied to the compensation for injury damage,but China’s legal provisions on the identification of injury is too rigid,can not be included in it;However,the standard of compensation for tort damage is too high to provide comprehensive protection.In the "996" work system and the Wolf culture of violent layoffs,employees are forced to work overtime voluntarily in order to keep their jobs and avoid being laid off,resulting in overwork or even death of employees.However,the inherent relief model cannot protect the legitimate rights and interests of workers and victims’ relatives under "karoshi".From the perspective of easing labor disputes and protecting workers,the application of tort compensation for "karoshi" not only increases the cost of workers’ rights protection,but also easily intensifies the contradiction between the two sides,and only a few workers win the lawsuit.As a result,workers are not given the most appropriate protection."Karoshi" the most fundamental cause is work,will be included in the industrial injury,the most natural compensation for industrial injury.Not only to the greatest extent to protect the legitimate rights and interests of workers,reduce the cost of employers,but also to avoid labor conflicts,promote the long-term healthy development of the economy is of great benefit.