Chinese company loses appeal after employee dies following 104 days of continuous work

The court in Zhejiang Province found the company 20% responsible for the death of the employee, identified as A'bao, who died at 30 last year, according to Guangzhou Daily. A'bao died from multiple organ failure due to a pneumococcal infection, often associated with a weakened immune system.

A'bao had signed a contract to work as a painter for the company, whose name was not disclosed by the court. The contract was intended to last until January 2024. He was assigned to a project in Zhejiang Province, where he worked from February to May 2023, with only one day off on April 6.

On May 25, A'bao requested sick leave after feeling unwell and spent the day resting in his dormitory. By May 28, his condition had deteriorated, and he was taken to hospital by colleagues. He was diagnosed with a lung infection and respiratory failure and died on June 1.

During the initial investigation, social security officials stated that since he died more than 48 hours after his last working day, it could not be classified as work related, according to the South China Morning Post.

A'bao's family filed a lawsuit seeking compensation, accusing the employer of negligence. The company argued that A'bao's workload was manageable, claiming his death was due to pre-existing health issues.

However, the court determined that A'bao's working time violated China's Labor Law, which limits working hours to a maximum of 8 hours per day and an average of 44 hours per week. The court ruled that the company's violation contributed to the weakening of A'bao's immune system, leading to his death.

It ordered the company to pay A'bao's family a total compensation of 400,000 yuan (US$56,000).

The company appealed, but the Zhoushan Intermediate People's Court upheld the original verdict in August.