학술논문

论过劳的法律救济 / Research on Legal Relief of Overwork
Document Type
Conference Proceeding
Author
Source
勞動與就業關係學術研討會論文集. p293-301. 9 p.
Subject
过度劳动
过劳死
法律救济
Overwork
Death from Overwork
Legal Relief
Language
簡體中文
Abstract
Overwork has become social problem. The frequent cases of death from overwork give rise more attention from all walks of life. At present, China has not clearly defined the legal nature of overwork. It is difficult to prove the existence of the causal relationship between damage and work for the theory of occupational injury and theory of tort liability. So the legal relief of overwork was in trouble. According to clearing value orientation of legislation and improving the mechanism of work-related injury identification put the listing overwork into the scope of protection. In order to effectively relief and prevent to overwork, the state should clear the responsibilities to protect the laborers, scientifically design insurance rates of occupational injury and strengthen the labor administrative law enforcement, the unions should play an active role in labor management relation.

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