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China Law Insight

Labor & Employment

The Liability of an Employer in Case of Sudden Death of its Employee from Overwork

Posted in Labor & Employment

By Yin Juquan Song Miao King & Wood Mallesons’ Commercial & Regulatory Group

A尹居全. Summary of the Case (hereinafter as the “Case”)

Mr. Tan worked as a service representative at the Customer Relationship Operation Department of Kunshan Hua A Company (the “Company”). He returned to his dormitory after work at 1:00 AM on December 12th, 2013, and was found dead at 11:00 PM on the same day. It is initially diagnosed by the Kunshan City Huaqiao Medical First-Aid Station that the cause of his death was on-site sudden death.

The court found that Mr. Tan’s medical examination report dated June 29th, 2013 suggested his physical condition was healthy without diseases. The Company’s attendance records from October 1st, 2013 to December 11th, 2013 showed that the Company arranged a shift system for Mr. Tan’s working schedule. Except for 5 working days in which he worked less than 8 hours, Mr. Tan worked 8 hours or more per working day for the rest of that period. For 7 working days, he worked more than 8 hours per day. (The number of working hours stated above does not include the 1-hour lunch time). On December 11th, 2013, the employer had arranged Mr. Tan to work for 9.5 hours.

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