日雇員過勞死獲賠償

Recently the Mainichi New reported the following:

０７年８月に突然死した飲食店チェーン「日本海庄や」従業員、吹上元康さん（当時２４歳）の両親が、過重な時間外労働が原因だとして、経営する「大庄」（東京都大田区）と平辰社長ら役員４人に約１億円の損害賠償を求めた訴訟の判決が２５日、京都地裁であった。大島真一裁判長は同社の安全配慮義務違反を認め、連帯して約７８６０万円を支払うよう命じた。

　原告代理人の松丸正弁護士は「こうした訴訟で役員ら個人の責任を認めるのは珍しい」と話している。 判決によると、吹上さんは０７年４月に入社し、大津市の石山駅店で調理や接客を担当。出勤日は午前８時半から午後１１時まで働き、死亡前４カ月間の月平均時間外労働は過労死の認定基準（月８０時間）を超える１１２時間に上っていた。

　同社は基本給に時間外労働８０時間分を組み込むシステムを採用。大島裁判長は「到底、労働者の生命・健康に配慮しているとは言えない」と指摘し、社長ら役員について「悪意か重大な過失で、そのような体制をとっていた」とした。 大津労働基準監督署は０８年１２月、死亡と業務の因果関係を認めて労災認定し、０９年４月には大庄と石山駅店長を労働基準法違反容疑で書類送検している。
　
On the 25th at the Kyoto district court the decision on the lawsuit initiated by the parents of a former employee Yasushi Fukiage (24 years old at that time) of the restaurant chain "Sea of Japan Syoya" who had died suddenly on August 2007 due to excessive overtime work, sought compensation for damages of about 100 million yen from the four directors and presidents who managed as "Daisyo" (Ota Ward, Tokyo). Presiding judge Shinichi Oshima admitted that this company had violated the safety consideration obligation, and in this connection ordered a payment of about 78.6 million yen.

Plaintiff's lawyer Matsumarusei said, "It is unusual to establish individual responsibility such as directors in such a lawsuit". According to the court, Mr. Fukiage joined the company in April 2007, and took charge of cooking and serving in the Ishiyama station shop in Otsu City. On working days the work started from 8:30AM to 11:00PM, and the average monthly overtime labor hour for four months before he died went up to 112 hours which exceeded the recognized standard of death from overwork (80 hours a month).

This company adopted the system that 80 hours of overtime labor was built into the basic wage. Presiding judge Oshima pointed out, "It could not be said that worker's life and health were properly considered", and held that "such a system was in place due to the malice or the serious fault" of the directors and presidents. In December 2008, Otsu Labor Standards Inspection Office accepted the causal relation between the death and the business, and recognized that there was a case for workers' accident compensation, and in April 2009 sent police a report that Daisyo and Ishiyama station manager were suspected of violating the Labor Standards Law.

As far as the welfare of workers is concerned, can Hong Kong have similar laws to protect employees from death due to overworking?