THE FAMILY of a man in China who died while having sex during working hours will get compensation after his death was ruled an industrial accident.
The man in his 60s, referred to just by his surname Zhang, died during the intimate act while working as a security guard.
He had been the sole guard a small factory in the Chinese capital Beijing before he died.
Zhang had been required to work round the clock with no days off, Southern Metropolis News has reported.
He had met his girlfriend in a security room on October 6, 2014 – where the couple proceeded to have sex.
However, the security guard died during the intimacy.
A police investigation determined he died suddenly, and there were no suspicious circumstances.
The man’s son Zhang Xiaoshi applied one year later for compensation at the Municipal Social Security Bureau.
China’s Industrial Injury Insurance Rule states that the death of an employee during working hours should be treated as an industrial accident.
An employee’s family can then get compensation through the employer and the social security authorities.
But the son’s request was initially denied by the authorities, who said Zhang had died while dating his girlfriend, not conducting his duties.
Xiaoshi then took the factory and social security authorities to court in 2016.
He contended that his father’s passing should be categorized as an industrial accident since he was required to work excessively, even meeting his girlfriend in the security room at his workplace.
Taking a rest was a worker’s right, Xiaoshi contended.
The son said: “As an adult male, it was normal for my father to have emotional needs.
“Having a romantic relationship is a part of that rest. He did not leave his work area.
“So his sudden death should be declared an industrial injury.”
The court agreed and ruled that the father’s death had happened during working hours.
Despite an appeal from the factory and the social security authority appealed, a higher court upheld the verdict.
A document issued by the social security authority in February 2017 verified that Zhang’s demise was indeed an industrial accident, although the exact details of the compensation provided remain undisclosed.
Although the fatality and subsequent legal proceedings occurred several years ago, there has been a recent resurgence of interest in the incident on social media platforms, as reported by the South China Morning Post.
Chongqing-based lawyer Chen Rui said on social media there are two main factors that saw Xiaoshi win the case.
One was that Zhang was required to work throughout the year with no holiday, meaning that dating his girlfriend was deemed a physiological need like drinking water and using the toilet.
The other factor is that he having sex with his girlfriend, not hiring a prostitute.
This meant he did not violate social customs, according to the lawyer.
