A Chinese court has determined that a 60-something security guard, who died while having sex with his girlfriend during working hours, suffered an “industrial accident”.
Under workplace injury laws, this means that his family is entitled to compensation.
Beijing Factory Guard’s 24/7 Work Schedule Led to Landmark Court Decision
A male security guard, surnamed Zhang, passed away on 6 Oct 2014 while being intimate with his girlfriend in the security room where he normally rested.
The guard was reportedly required to work around the clock with no days off.
Police investigations confirmed Zhang’s death was sudden and natural with no suspicious circumstances.
About a year after the incident, Zhang’s son, Zhang Xiaoshi, filed for compensation with the Municipal Social Security Bureau.
The authority rejected his application, arguing that his father’s death couldn’t be classified as work-related since he died while dating his girlfriend rather than performing his security duties.
In 2016, the younger Zhang took both the unnamed factory and the social security authority to court.
He maintained that his father’s death qualified as a workplace accident because the 24-hour work schedule left his father no choice but to meet his girlfriend at the security room.
“As an adult male, it was normal for my father to have emotional needs,” the son told the court.
“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.”
Industrial Injury Insurance Rule Application Grants Compensation to Security Guard’s Family
According to China’s Industrial Injury Insurance Rule, if an employee suddenly dies at their post during working hours, the situation should be categorized as an industrial accident.
The court agreed with this interpretation, ruling that Zhang’s death occurred during his working hours and at his designated workplace.
Both the factory and the social security authority challenged the decision, but a higher court upheld the original verdict.
In Feb 2017, the social security authority officially classified Zhang’s death as an industrial accident, though the amount of compensation awarded to his family wasn’t disclosed in reports.
Basic Physiological Need
Chen Rui, a Chongqing-based lawyer, explained on social media that two key factors contributed to the son winning the case.
First, Zhang’s continuous 24-hour work schedule without holidays meant that dating his girlfriend became a basic physiological need, comparable to drinking water or using the toilet.
Second, Zhang was with his girlfriend rather than hiring a sex worker, meaning his behavior didn’t violate social customs.
The case has recently gained significant attention on mainland Chinese social media, though it remains unclear why this 2017 ruling has resurfaced in the media now.
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