On The Legal Regulation Of "Karoshi" In China

"Karoshi" usually refers to the accumulation of fatigue caused by long-term overwork,leading to the occurrence of underlying diseases and ultimately death.The accumulation process of "overworked death" is long,the initial stage is often hidden,and the final outbreak is sudden and fatal.These characteristics make it difficult to make up for the damage suffered by the workers once the situation occurs.With the rapid development of China’s economical,Caused by long-term overloaded intensive work,karoshi phenomenon occurs frequently.This problem gives rise to wide attention and heated discussion.The long-term problem makes the labor relations more nervous.Meanwhile,it influences the steady development of the society.The issue of regulation is imperative.At present,my country has not made specific provisions on the issue of "karoshi".Although there are also extended provisions on "deemed work-related injuries" in legislation,some "karoshi" can be included.But for the vast majority of "karoshi" cases,the legal provisions are still imperfect.In addition,in practice,"karoshi" is common,but often because it does not meet the criteria for determining and lacks clear evidence,its appeals are often not supported.The problem of "karoshi" is very serious both in legislation and practice.The reason for this dilemma is that China’s current registration still has the following problems:the legal definition of karoshi is unclear.Karoshi lacks unified standards.There is a lack of standards for karoshi.How to protect worker’s rights is controversial,there are many blanks in legal regulations.The reason why these problems still exist is because labor violation costs are low,labor supervision is inadequate,labor concept still lags.How to balance the interests of workers and employers,this is the key to solve this problem.Based on China’s current conditions,this paper summarizes the experience and lessons about how to solve "karoshi”By studying from the useful experience of relevant legislation and management systems outside the territory,we can see that if we want to solve the problem of identification and relief of "overwork death",the following are proposed suggest:first,relevant laws should be appropriately revised.the Labor Law should be revised and improved to curb excessive overtime;"Death from work" is included in the scope of legal regulation.Second,determine a uniform standard for "karoshi",examine the factors that lead to "karoshi" in stages and from multiple perspectives,specify indicators that may affect work intensity,working hours,and work pressure,and comprehensively evaluate overwork and death Causality between results.Third,improve the prevention and relief system.Establish a social security mechanism,establish a complete personal physical examination record,and strengthen the precautionary measures of various subjects against "karoshi".By including "karoshi" into work-related injuries,seek a basis for workers’ rights relief.Fourth,law enforcement is the key to regulating "karoshi".Clarify the functional attributes of the labor inspection department,Strengthen team building and continuously improve law enforcement.Fifth,further enhance the functions of unions.Unions should find their position,perform their work more dependently.Meanwhile,By collective negotiation,workers can be protected better.