In 2022, in order to earn labor intermediary fees, a vocational college in Yunnan sent all students to a factory in Nanchang, Jiangxi Province, in the name of internship. However, on February 11, a student at the institution was working in an electronics factory when he was overworked and caused respiratory failure and eventually died.
According to the contract, the maximum time students work in the electronics factory is ten hours a day, but the actual management of the factory is not the case, and they often force students to work more than 12 hours.
The intensity of the work was unbearable for the young students, and in addition to that, the food arranged by the factory was also terrible, often a few faint porridges and cabbage, and even the meat foam could not be seen.
So how can students who work for a long time supplement their nutrition? It should be known that mechanical repetitive labor consumes a lot of energy on the human body, not to mention that the time that can be used for rest in the factory is very small.
Except for the time spent eating, the students were constantly working during these 12 hours, and there was no chance of respite. Many students cry out for their jobs after a week at work. But the labor contract has been signed, and once they leave early, then they will not receive any salary. In this way, even if the students are tired and tired, they must grit their teeth to survive these two months.
On February 7, a student named Xiao Yang had a cold and fever. When he sat at his job, he felt physically exhausted. So he asked his supervisor for leave, but the supervisor did not grant him leave.
The reason is that the supervisor thinks that he can still persevere, after all, in his opinion, a small cold is nothing at all, as long as the employees are alive, then they must become the labor machines of the factory, and continue to earn money for the capitalists.
In this way, after three days, Xiao Yang's cold not only did not get better, but gradually worsened. He developed severe dizziness, his heart was often compressed, and he had trouble breathing. He had repeatedly gone to his supervisor's office to ask him to approve the leave, but the supervisor had refused.
By February 10, Xiao Yang kept vomiting blood at his job, and the supervisor saw that his physical condition was really worrying, so he was granted a vacation. But he could only allow Xiao Yang to go to the clinic with himself after work.
That is to say, in the process of Xiao Yang's medical treatment, he must supervise Xiao Yang to ensure that he does not use the vacation to do other things. However, after work that night, the nearby clinics were closed.
The supervisor and Xiao Yang pounced on an empty space, at this time Xiao Yang's high fever did not retreat for a long time, the supervisor chose to turn a blind eye and let Xiao Yang go back to the dormitory to sleep when he knew that his condition was difficult. It was also because of his negligence that Xiao Yang eventually died in a hospital bed. The reason was that Xiao Yang was already terminally ill at that time, and when he was taken to the hospital early the next morning, it was too late and the doctor could not do anything.
After Xiao Yang's death, his parents fell into extreme grief. Schools and factories must also pay for this matter, after all, it is reasonable to say that Xiao Yang is studying nursing at Yunnan Xinxing Vocational College, and students in this major should be assigned to the hospital even if they go to internship.
However, the school forced students to go to the electronics factory in order to earn a large number of labor intermediary fees. The factory, disregarding the safety of workers' lives, forced workers to work for more than 12 hours and refused to approve workers' holidays, which was the direct cause of Xiao Yang's death.
When Xiao Yang's parents took their son's death certificate to the school and factory to ask for compensation, the school promised to give Xiao Yang's parents 660,000 yuan in compensation in order not to make things bigger. At the same time, the factory also wants to cover up this matter, saying that they can pay 900,000 yuan in compensation to Xiao Yang's parents.
Unfortunately, the promises made by the school and the factory are only verbal promises, and when Xiao Yang's parents ask them to honor them, they find all kinds of reasons to prevaricate, keep pulling, and even lying. After some arguments, the school was willing to fulfill its promises in order to preserve its reputation, but the factory said that they could only compensate up to 300,000 yuan.
So if Xiao Yang's parents appeal, will there be a chance of winning? The answer is yes.
According to Article 17 of the Labor Law, except for the internship arrangements that have special requirements for relevant majors and internship positions, and are reported to the competent department at a higher level for filing in advance, the internship unit shall abide by the provisions of the state on working hours and rest and leave, and shall not have the following circumstances: Second, arrange for students to practice on rest days and statutory holidays; third, arrange for students to work overtime and work night shifts.
According to Article 36 of the Labor Law, the State implements a system of working hours in which the daily working hours of workers do not exceed eight hours and the average weekly working hours does not exceed 44 hours.
The twelve hours of labor per day has long violated the requirements of the labor law, exceeded the necessary limits, violated the law, and seriously infringed on Xiao Yang's personal rights and interests. In addition, although Xiao Yang was only an intern sent by the school, he still signed a contract with the factory, Xiao Yang's condition was a work injury, and the supervisor's delay in not approving the leave was the most direct cause of Xiao Yang's death, and the factory should be mainly responsible for Xiao Yang's death.
At present, there are still many unfair phenomena in the management system of the factory, and it is difficult to protect the rights and interests of workers. Although the rise of labor intermediaries can bring convenience to factory recruitment, it also gives some mercenary people the opportunity to take advantage of it, after all, intermediaries can enjoy their success in a relatively short period of time by drawing commissions from workers.
In this way, the wages of workers will be reduced, but the time and intensity of labor will not change. The emergence of labor intermediaries may simply benefit capitalists, as it will mean they will have fewer responsibilities and are more efficient in recruiting workers.