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The sudden death of pinduoduo's employees triggered a heated debate on "exchanging life for money", and lawyers thought it was difficult to be identified as work-related injury

via:搜狐IT     time:2021/1/5 0:32:28     readed:107

After the new year's Day holiday, the news of "pinduoduo 23-year-old employee died suddenly on the way to work at 1:30 at night" continued to ferment on the Internet. Just two US stock trading days after the death of the employee, pinduoduo's share price rose by 15.57% and 7.77% respectively, and its market value exceeded the US $200 billion mark. It once surpassed meituan and became the third largest Internet company after Tencent and Ali.

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Founder Huang Zheng's wealth soared to 58.6 billion US dollars (about 380.9 billion yuan), surpassing Ma Yun and Ma Huateng and becoming the second richest person in China after Nongfu Shanquan founder Zhong Xuan.

Capital has the nature of pursuing profits, but behind the stories of Internet companies creating wealth one after another, "sudden death due to overwork of employees in Internet companies" also occurs frequently.

In response to the pinduoduo incident, Sohu technology consulted a lawyer in the field of labor arbitration. Li Bowen of Beijing Huajia law firm said that according to the current regulations, it may be difficult for the employee to be identified as an industrial injury, but the company can be required to bear the civil tort liability. In practice, if pinduoduo defendant goes to court, the court may decide that the company should bear a certain proportion of the liability according to the circumstances of the case Liability for damages. "

"Defend the frontier for more"

On the evening of January 3, an anonymous netizen disclosed on the social platform that pinduoduo Xinjiang vegetable shopping girl died suddenly at 1:30 a.m. on her way to work. She was only 23 years old. Did no one dare to say a word? What the hell is this company? May heaven have no pain, you can be a carefree girl. It is understood that the girl's work account before her death also said "defend the border for more".

Some netizens said that the post had been deleted by Maimai, and then it was opened and visible, but it was marked with a reminder of "controversial content". As of before publishing, Sohu technology checked again and found that the comment had been deleted twice.

Nearly one day after the incident, pinduoduo issued an official statement for the first time, making a specific statement on the incident. Zhang * Fei, female, born in 1998, joined pinduoduo in July 2019. At 1:30 a.m. on December 29, Beijing time, I was walking home with my colleagues when I covered my stomach and fainted. My colleague immediately called 120 and sent him to Urumqi local hospital. After nearly six hours of emergency treatment, he still failed and died. During this period, the company's colleagues have been accompanying their families. According to the wishes of their parents, Zhang * Fei was cremated on January 3, and the company did not issue an announcement.

Pinduoduo said that "we are heartbroken because of the unfortunate death of our employees", and also denied the "pinduoduo response" that has released all kinds of screenshots. The response is as follows:“If you look at the people at the bottom, which one is not exchanging life for money? I never thought it was a problem of capital, but a problem of society,This is an era of hard work. You can choose the ladder of ease, but you have to choose the consequences of ease. People can control their efforts, and we can all. "

However, pinduoduo's denial was immediately "slapped" by Zhihu, who confirmed the true identity of pinduoduo's official authentication and clearly gave the release and deletion time of the answer. In a subsequent statement, pinduoduo attributed the responsibility to "lax account control" and said that "this remark does not represent any official attitude of pinduoduo, and pinduoduo officials strongly oppose this remark."

Sudden death of employees in Internet companies

The employee, who unfortunately died, is engaged in Duoduo's shopping business, which is a community group buying business launched by pinduoduo in August this year. The specific mode is that consumers place an order before 23 o'clock every day, and take back the goods from the pick-up point after 4 p.m. the next day. The pick-up point can take 10% of the sales as a commission.

In the early stage of online, community group buying generally uses the strategy of burning money at a low price to seize the market, which disturbs the local fresh food price system to a large extent. In December last year, a group of supermarket owners set up a "physical store alliance" in Xinjiang, where the employee was located. On the first day of Duoduo's official entry into Xinjiang, they began to put pressure on suppliers to stop supplying to the platform.

Nationwide, community group buying has also encountered resistance from many fruit stall owners and vegetable vendors. Many vendors have said that in cities where community group buying is online, the flow of vegetable markets has declined. People's daily once commented on community group buying: Internet giants with massive data and advanced algorithms should have more responsibilities, more pursuits and more achievements in scientific and technological innovation. Don't worry about a few catties of fruits and cabbages.

When it comes to Duoduo's shopping, it's one of the departments with the largest internal workload. Rumor has it that Duoduo is not the "996" in the conventional sense, but the "hard core struggle mode". That is to say, the super week of working 7 days a week and 6 days a week, with one day off after 13 days of continuous working, the working time per day is not less than 10 hours, and the working time per month is not less than 300 hours. In fact, as early as last October, some employees who claimed to be pinduoduo posted a post on the Internet, saying: "the company started the hard core mode, halved the lunch break, and worked 300 hours a month."

In addition to buying more vegetables, it also belongs to the community group buying track. Didi's orange heart preferred is revealed that "Spring Festival does not have a holiday". Meituan's meituan preferred also has netizens who claim to be employees, saying that "sleeping at 2 o'clock and waking at 7 o'clock for a month in a row" is extremely intense.

The attitude of Internet companies towards overtime can be seen from the comments of big men. Ma Yun talks about "996 is a blessing". Liu qiangdong once said that "those who muddle along are not my brothers.".

Difficult to be identified as work-related injury

It seems that the most realistic and urgent problems to be solved are the determination of responsibility and compensation.

Li Bowen, a lawyer from Beijing Huajia law firm, told Sohu science and technology that at present, Articles 36 and 41 of the labor law are the main provisions for "overtime" in China's laws. At present, the country implements a working hour system in which the daily working hours of workers are no more than eight hours and the average weekly working hours are no more than 44 hours, Under the condition of ensuring the health of workers, the extension of working hours shall not exceed three hours a day, but not more than thirty-six hours a month.

In the related work-related injury identificationAt present, it is mainly based on articles 14 and 15 of the regulations on work related injury insurance. The details are as follows:

(1) Injured by accidents due to work reasons during working hours and in the workplace;

(2) Being injured by an accident while engaged in preparatory or finishing work related to work in the workplace before and after working hours;

(3) Being injured by violence and other accidents during working hours and in the workplace due to the performance of work duties;

(4) Suffering from occupational diseases;

(5) During the period of going out for work, he is injured or has an accident and his whereabouts are unknown due to work reasons;

(6) On the way to and from work, injured by a traffic accident that is not my main responsibility or an urban rail transit, passenger ferry or train accident;

In addition, the following three cases are regarded as industrial injury:

(1) Those who died of sudden illness during working hours or post or died of invalid rescue within 48 hours; (2) those who were injured in activities of safeguarding national interests and public interests such as emergency rescue and disaster relief; (3) those whose old injuries recurred after they arrived at the employing unit after they were disabled due to war or duty and had obtained the revolutionary disabled soldier certificate.

Li Bowen told Sohu Technology: "in the pinduoduo incident,The employee died suddenly on his way to work. According to the above provisions, it may be difficult to identify as work-related injury.However, combined with the return time of the employee at more than one o'clock in the morning in the incident, if the employee died suddenly on the way to work due to overwork,Even if it can not be identified as work-related injury, the company can also be required to bear civil tort liability."

"If an employee overwork more than the working hours stipulated in the labor law, the company is at fault." Li Bowen said, "according to Article 1165 of the civil code, if the perpetrator infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.In practice, in tort cases of sudden death caused by overtime work, the court may decide that the company should bear a certain proportion of the compensation liability according to the circumstances of the case."

On the issue of compensation, Li Bowen told Sohu,If the employee has been paid for work-related injury compensation by the social security fund, then the employee has been paid for work-related injury compensation. If it is identified as work-related injury, but the unit does not buy work-related injury insurance for employees, then all the compensation costs are borne by the unit.

According to the regulations on work related injury insurance, their close relatives can receive funeral allowance, dependent family pension and one-time work death allowance from the work related injury insurance fund

(1) The funeral subsidy is the average monthly salary of the staff and workers in the overall planning area for six months in the previous year;

(2) The pension for dependent relatives shall be paid to the relatives who have no ability to work and who have been provided with the main source of living by the employee who died at work according to a certain proportion of the employee's salary. The standard is: spouse 40% per month, other relatives 30% per month, widowed elderly or orphans 10% per month on the basis of the above standard. The sum of the approved pensions for the dependent relatives shall not be higher than the wages of the employee who died at work. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department of the State Council;

(3) The standard of one-time death subsidy is 20 times of the per capita disposable income of urban residents in the previous year.

Among them, the funeral subsidy is the average monthly salary of employees in the six-month co-ordination area in the previous year. At present, it is not clear where the employee's social security coverage area is, but even in Shanghai, where the average monthly salary is higher and reaches 9580 yuan, the amount of this part is only 57480 yuan.

On the pension for dependent relatives, Li Bowen told Sohu technology that if the employee's parents have the ability to work or source of livelihood, it will be more difficult to determine the cost of this part. The specific calculation method of payment period can refer to the provisions of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of personal injury compensation cases: "if the dependant is a minor, it shall be calculated to 18 years old; if the dependant has no ability to work and no other source of livelihood, it shall be calculated to 20 years old. However, for those over 60 years old, one year will be reduced for each additional year; for those over 75 years old, five years will be counted. ".

In the calculation of one-time death subsidy, the per capita disposable income of residents in 2019 is 30732.85 yuan / person, and the cost of this part is 614657 yuan.

In conclusion, if the employee is identified as an industrial injury, the employee's family member's minimum compensation is 672137 yuan. Sohu technology asked pinduoduo about the employee's compensation, but the other side said there was no information to disclose.

In addition to compensation, pinduoduo may also face administrative punishment, but the amount of punishment is small. Li Bowen explained to Sohu science and technology: "Article 25 of the regulations on labor and social security supervision shows that if an employer violates the labor and social security laws, regulations or rules to extend the working hours of workers, the labor and social security administrative department shall give a warning and order it to correct within a time limit, and may impose a fine according to the standard of 100 yuan to 500 yuan per worker who has been infringed."

However, no matter how the responsibility is determined or how the problem of compensation is solved, it is difficult for a 23-year-old to recover his life, and the trend of "exchanging money for life" on the Internet can be put to an end.

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