A man in Shanghai died suddenly 2 hours after joining the company. Do you think the company should bear responsibility?

A company on Wanfeng Highway in Zhujing Town, Jinshan District, Shanghai, urgently recruited a worker through an intermediary company due to a tight construction schedule. The company personnel completed the formalities for him and officially joined the company. Unexpectedly, 2 hours later, he suddenly fainted and fell to the ground, and then fell unconscious. Later, he was discovered by a co-worker and immediately called the emergency number. The 120 ambulance rushed to the scene. Medical staff performed on-site rescue on him, but in the end, he died after the rescue was ineffective.

The family members were extremely sad after learning the bad news. They rushed from their hometown to Shanghai and went to the company to find the person in charge to ask for a one-time compensation of 1.4 million yuan. However, the company believed that the worker had only been on the job for 2 hours and was still on probation. During this period, the company did not arrange heavy physical labor. The employee died due to his own reasons. The company was not at fault and could only provide some humanitarian compensation.

So does the company need to bear responsibility for the sudden death of a worker? I think it is necessary because the worker and the company have a de facto labor relationship and the worker’s situation meets the determination of work-related injury. In this regard, I have the following opinions: 1. The worker and the company have a de facto labor relationship

The company’s reason for refusing high compensation is that the workers have only been on the job for 2 hours and are still in the trial stage. The company itself does not There is no fault, so compensation can only be based on humanitarian reasons. Many people are also fooled by this statement.

However, there is no concept of trial work in our country’s labor laws. According to Article 7 of the Labor Contract Law: The employer establishes a labor relationship with the employee from the date of employment. Determining whether a labor relationship has been established is based on the objective fact of employment. When a worker comes to work for two hours, he actually establishes a labor relationship with the company, and the rights and interests of workers in the de facto labor relationship are protected by law.

Second, the worker’s situation meets the requirements for identification of work-related injuries

The worker died suddenly while working and met the relevant requirements for identification of work-related injuries. He can seek compensation through work-related injury insurance.

What do you want to say about this? Feel free to tell me in the comment area.