“过劳死”:从疲劳开始

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  Cars that work for excessive time will finally collapse, which seems common sense. However, people tend to neglect a familiar fact -- if people continue to work for long time, it will lead to the collapse of their bodies. Behind the scary cases, we can see the shadow of “karoshi”.
  持续工作过久的汽车,其动力系统最终会崩溃,这似乎是人尽皆知的常识。然而,人们却往往忽视一个与之类似的事实——如果人们连轴转地工作,势必会导致其身体机能的罢工。在一桩桩令人不寒而栗的死亡事件背后,不乏“过劳死”的身影。
  Bad habits
  不良习惯
  CCTV conducted a survey on the reasons for “karoshi”. Among 932 interviewees, 219 people never had body examinations; only 96 people had regular time for exercise; 68% of people chose “barely work out”; Nearly half of them buy their own medicines for indispositions, and 1/3 of people pay no attention to their “small illness”; only 219 people have breakfast regularly and properly; over 41% of people working in office barely communicate with families, even when their families offer to help, and 32% of people treat it with a perfunctory attitude; at workplaces, over 70% of people almost stay in air-conditioned rooms all the time except for running errands; 542 people’s working habit is to keep seated except for going to toilets; over 6% of people cannot guarantee regular 8-hour sleep, and another 7% have frequent insomnia; 31% of people use computers over 8 hours every day; over 1/3 of people cannot have three meals regularly, and less than half of them can make sure every meal is timely and appropriate.
  对于可能引起“过劳死”的原因,中国央视网开展了一项调查。在932名被调查者中,219人从来不体检;只有96人每周留有固定时间锻炼,68%的人选择了“几乎不锻炼”;将近一半的人患病时自己买药解决,1/3的人则根本不理会任何表面的“小毛病”;只有219人是有规律、按照营养要求吃早餐;超过41%的办公室人群很少和家人交流,即使家人主动关心,32%的人也常抱以应付的态度;在上班时,超过7成的人一年四季除了外出办事外,几乎常年窝在空调房中; 542人的工作习惯是一旦坐下来,除非上厕所,就轻易不站起来;有超过6成的人经常不能保证8小时睡眠时间,另有7%的人经常失眠;31%的人经常每天使用电脑超过8小时;超过1/3的人不能保证按时进食三餐,确保三餐定时定量的人不满半数。
  However, medical research shows that people who lack exercises feel exhausted and dizzy easily, which then leads to obesity and cardiovascular and cerebrovascular diseases; because of insufficient attention, some indispositions have hidden until they develop into serious diseases and have missed the best time for treatment; under the circumstances of insufficient communication, guidance and catharsis, office workers have increasingly psychological pressures; staying in the air-conditioned room all the year round make the self-adjusting function of the body and disease resistance reduced; sedentariness is also harmful to blood circulation, which will lead to metabolism problems and angiocardiopathy; keeping a seated position for a long time also contributes to cervical spondylopathy and lumbar spondylosis; over use and over reliance on computers brings radiation, and makes oculopathy and mental illness common in office.   然而,医学研究表明,缺乏锻炼极易造成人们出现疲劳、昏眩等现象,进而引发肥胖和心脑血管疾病;由于未被充分重视,一些疾病被药物表面缓解作用掩盖而积累成大病,而且常常导致错过了最佳治疗时间;在缺乏交流、疏导和宣泄的情况下,办公室人群的精神压力与日俱增;由于常年窝在空调房里,“温室人”自身肌体调节和抗病能力下降;久坐不利于血液循环,会引发很多新陈代谢和心血管疾病;坐姿长久固定,也是颈椎、腰椎发病的重要因素;过度使用和依赖电脑,除了辐射外,还使眼病、腰颈椎病、精神性疾病在办公室群体中十分普遍。
  Working extra hours
  超时加班
  Apart from bad habits, working extra hours is also considered as the most important culprit for “karoshi”. The reporter found that, nowadays, working extra hours is a very common phenomenon in Chinese enterprises. Especially in some manufacture-developed areas, some enterprises even treat working extra hours as part of the corporate culture. Working extra hours is considered as an important standard to assess the professional dedication and working performance of employees.
  We are always warned by the caring people: Work is not what life is all about. However, the indisputable fact is that work can bring the foundation of life. Teacher of National School of Administration Hu Yinglian pointed out that every morning when we open our eyes, many people have to face the burdens of mortgages, rents, living expenses, providing for the aged, and education for children. We can say that only by saving our jobs, can we get the money to pay for everything. Even when the body is under the weather, how many people choose to ask for a leave? If the employer requires working extra hours, how many people dare to refuse? In terms of the choice between health and money or positions, the “2013 Well-being of Chinese Lives Survey” conducted by Insight China magazine and Tsinghua University Media Research Lab shows that 17.2% of people would sacrifice health to get money and positions, and they’ve done so all the way; 42.1% of people choose “it’s not right to sacrifice health for money or positions, but we have to”.
  除了不良习惯,超时加班也被视为引发“过劳死”重要元凶之一。记者调查发现,如今,超时加班在中国企业中并不少见。尤其在制造业发达的地区,一些企业甚至将“加班文化”视为企业文化,加班被认为是衡量员工敬业精神乃至工作业绩的一个重要标准。
  总是被关心自己的人语重心长地告诫:工作不是生活的全部。然而,不争的事实却是工作能带来生活的基础。国家行政学院公共管理学院教师胡颖廉指出,每天早晨一睁眼,很多人就不得不面对房贷房租、生活支出、父母养老、子女教育等等问题。可以说,保住工作,才能有资金支付各项支出。即便身体不适,又有多少人会选择请假?如果单位要求加班,又有几个人敢说不?对于在健康和金钱或者职位之间的选择问题,中国《小康》杂志联合清华大学媒介调查实验室发布的“2013中国生命小康指数调查”结果显示,17.2%的人地表示认可用健康换取金钱或职位,而且一直是这么做;还有42.1%的人“选择了不认可用健康换取金钱或职位,但又必须要这么做。
  Labor Law of the People's Republic of China regulates that laborers should not work over 8 hours every day, and not over 44 hours every week. If the production and operation situations require, employers may extend working hours after negotiating with the labor union and laborers, but usually not over 1 hour a day; if it is needed to prolong the working time for special reasons, with the premise of guaranteeing the health of laborers, it should not be over 3 hours a day and not over 36 hours a week. However, although the law has relatively comprehensive regulations for working extra hours, behaviors violating the right of rest of laborers are everywhere. According to a random survey conducted among 100 “post-80 employees” from 20 industries: 60% of the people “often work extra hours” and 10% of people “work extra hours from time to time”; 65% of people’s extra hours every month in average are over 20 hours.   中国《劳动法》规定,劳动者每日工作时间不得超过8小时,平均每周工作时间不得超过44小时。如果由于生产经营的需要,用人单位在与工会和劳动者协商后,可以延长工作时间,但一般每日不得超过1小时;因特殊原因需要延长工作时间时,在保障劳动者身体健康的条件下,每日不得超过3小时,每月不得超过36小时。然而,尽管法律对加班问题有相对完善的规定,现实生活中侵犯劳动者休息权的情况还是屡见不鲜。根据一个随机对100名分属于20个行业的“80后上班族”进行的调查显示:60%的人“经常加班”,10%的人“偶尔加班”;加班者中月平均加班超过20个小时的多达65%。
  The lack of legislation, slack law enforcement and ineffective punishment
  立法缺失,执法不严,处罚过轻
  Although the cases of “karoshi” happen frequently to young people, staff of Ministry of Human Resources and Social Security of China said that compared to other countries, there is no concept of “karoshi” in the scope of current Labor and Social Security in China, so there is not guarantee for the relevant rights.
  As the lawyer of the first “karoshi” case in China -- Wu Hualiang still remembers it quite clearly. That was a hot summer day in 1988, the employee of the Sixth Grain and Oil Company of Shanghai Jingan District Tang Yingcai died suddenly and quietly. In the first and second interrogations, the judges believed there was no solid proof that Tang Yingcai’s death was caused by the employer, and the compensation of 22, 000yuan required by the demandant was rejected. He then realized that, in China, karoshi was not only a medical issue, but also involved social issues such as labor intensity, labor time, and labor guarantee. In the future, it would be the focal point of labor disputes, and need the attention of related departments. “At present, there are still huge loopholes in the regulations regarding ‘karoshi’ and labor injuries and it is not good for lawsuits.”
  尽管,“过劳死”事件频发,而且正在逐渐年轻化。但是中国人力资源和社会保障局有关工作人员表示,相较其它国家,目前中国的劳动保障范畴内尚不存在“过劳死”的概念,所以相关权益无法获得保障。
  作为中国首例“过劳死”案件的辩护律师——邬华良对其当年所作的辩护经历记忆犹新。那是1998年一个炎热的夏天,上海市静安区第六粮油食品公司的员工唐英才悄无声息地猝死在工作单位。在一审、二审中,法院都因原告没有确切的证据证明唐英才的死亡是工作单位造成的,判定原告要求的共计22万人民币的赔偿予以驳回。他这才开始意识到,在中国,过劳死不仅仅是一个医学问题,它涉及劳动强度、劳动时间、劳动保障等社会学的范畴,在未来将是劳动纠纷的重点,必须得到相关部门的高度重视。“目前,中国法律在‘过劳死’以及工伤的相关规定上存在很大的问题,不利于诉讼。”
  In the opinion of Luo Juan, a lawyer of the Beijing Lawyers Association, the content of the Labor Law is very broad, but as the industry chain of China is relatively lagged behind, most people cannot handle the pace of work, and many enterprises cannot operate exactly according to the Labor Law.
  Zheng Shangyuan, the Director of the Labor and Social Security Research Institution of China University of Political Science and Law, pointed out that an important factor contributing to the frequent occurrence of “karoshi” was the lack of labor law enforcement. “If the law is strictly enforced by the labor department and the labor intensity is controlled properly, how can this happen?”
  In addition, Zhu Lieyu, member of the NPC and National First-Class Lawyer, believed that the current low cost of breaking the law is not powerful enough to regulate the enterprises. According to the relevant articles of Labor Security Supervision and Regulation, for an employer who violates the rules and extend working hours, the labor department can “warn the employer and mandate him to modify in a limited period”, and the fines for the enterprise is “100-500 yuan for each violated laborer”.
  在北京律师联盟的罗娟律师看来,中国的《劳动法》内容非常广泛,但由于中国的产业链相对落后,大部分人都无法掌握工作节奏,很多企业也做不到完全按照劳动法的规定运转。
  对此,中国政法大学劳动和社会保障研究所所长郑尚元曾公开指出,中国频发过劳死事件的一个重要原因,在于劳动执法的缺失。“如果劳动部门严格执法,劳动强度控制好,哪会发生过劳死?”
  此外,全国人大代表、国家一级律师朱列玉认为,目前企业的违法成本低使法律不足以对违法企业起到震慑作用。根据《劳动保障监察条例》的相关规定,用人单位违反规定延长劳动者工作时间的,劳动保障行政部门“给予警告,责令限期改正”,对企业的罚款“按照受侵害的劳动者每人100元以上500元以下的标准计算”。
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