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After Hour Drinking Function Considered Work

On March 28th, in a case where a wife of a 44 year-old corporate manager who, on his way home, died falling off stairs at a subway station sued the Central Labor Standards Inspection Office for denying Workers’ Accident Compensation benefit claims, the Tokyo District Court ruled in favor of the wife.

The Central Labor Standards Inspection Office defended its decision stating that “a drinking function is not work and the manager had more than enough drinks.” However, the judge ruled that “for men, although a function may involve alcohol, it differs from a plain social gathering in that it is often a place to listen to the opinions of his subordinates and attendance is part of his job. He did not drink excessively, and the court cannot determine that intoxication was the cause of his accident. Rather, rain made the steps slippery.”

According to the ruling, on December of 1999, the corporate manager attended a corporate function which began from around 5 pm at the second floor of his office where he drank three cans of beer and three cups of whiskey in paper cups. He left the office around 10 pm that night and 10 minutes later, he fell off 18 steps at Tsukiji Station on the Hibiya Subway Line and struck his head on the ground. He was carried to a hospital but was announced dead. [NIKKEI NET]


2007年04月03日 News トラックバック:0 コメント:2

If it wasn't in the office, Worker's Accident Compensation was admited?

2007年04月04日 のも URL 編集

Hello Nomo-san! I always appreciate your comments. The drinking function took place in the office, and the accident took place outside of the office. Workers' Accident Compensation Insurance (労働者災害補償保険法) provides benefits when:

1. Employees are injured at work
2. Employees are injured in commuting to work and commuting back to home

Central Labor Standards Inspection Office (中央労働基準監督署) denied (否定した) Workers' Accident Compensation Insurance benefit to the wife because they thought a company function involving alcohol was not work-related, and that the manager had too many drinks which lead to the accident.

However, the court ruled that the company function was work-related and that it was the rain that caused him to slip and fall, not because he drank too much.

It is an interesting court case.

2007年04月05日 tkamii URL 編集