news

한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina

xiao qiao, a 21-year-old college student, jumped from the lianjiang river bridge and died on september 20 after working for more than 20 days at henan zhumadian yunda express co., ltd. (hereinafter referred to as "zhumadian yunda company").

on september 29, xiao qiao’s sister, ms. qiao, told the red star news reporter that on the day of xiao qiao’s death, she accidentally damaged parts of the company’s tricycle and had to bear the maintenance fee of 200 yuan. after paying the fee, xiao qiao collapsed emotionally, sent a farewell message to his family, and then committed suicide by jumping off a bridge. afterwards, the family checked xiao qiao's mobile phone and found that he had complained to his friends about the company's unreasonable deductions and fines, and had proposed to resign but was not allowed. the family believes that xiao qiao suffered unfair treatment during his work and hopes that the company can give the family an explanation.

relevant insiders told reporters that the company involved was not a direct agency of yunda company, but a franchise outlet. the staff at the branch are contacting and negotiating with family members on specific matters.

on september 30, ms. qiao told a red star news reporter, “the matter has been resolved.”

▲information with pictures from visual china

what happened:

after paying 200 yuan to repair the car

his last message to his mother

according to ms. qiao, xiao qiao was born in 2003 and is a third-year student at a vocational and technical school in jiangsu. he was originally scheduled to graduate in january 2025. in august this year, xiao qiao wanted to train himself and found a job at yunda company in zhumadian. he had a work number and work clothes. he rode the company's tricycle to deliver express delivery, and his wages were calculated on a piece-by-piece basis.

chat records show that at about 3 pm on september 20, xiao qiao sent a message to her sister, saying that she hit a curb while riding a tricycle, scratched her finger, and broke a part of the company's tricycle, and that she wanted to send the car away. repair.

that afternoon, xiao qiao talked to her mother on the phone and told her that she had crashed a car. his mother said, "it's good if everything is fine," and transferred 200 yuan to him. xiao qiao used the 200 yuan to pay for vehicle maintenance.

what the family did not expect was that xiao qiao's mood had collapsed. at 7:20 that night, xiao qiao sent a wechat message to her mother: "mom, thank you. i am very happy to be your son. it is my fault that i can't do anything well. you are tolerant of everything. i love you very much." , i'm sorry for you, i'm a burden..."

sensing something was wrong, the family quickly called the police, but they received unfortunate news: xiao qiao jumped off the lianjiang river bridge.

the medical death certificate showed that xiao qiao was confirmed dead on the evening of september 20, and the cause of death was "drowning and sinking." only more than 20 days had passed since xiao qiao started working at yunda zhumadian company until the incident occurred.

dependents:

the two parties have not signed a labor contract

he dared not leave his job because he was afraid that he would not get his salary.

ms. qiao said that in the eyes of her family, xiao qiao has a sunny and cheerful personality and a good atmosphere at home. he had better plans for where he would go after graduation, and his family never asked him how much money he would earn from his job at yunda. it wasn't until they looked at xiao qiao's cell phone after the incident that the family realized that maybe xiao qiao had a lot of psychological burden during work.

after xiao qiao worked for more than ten days, a staff member informed xiao qiao that he had been fined 100 yuan for making a mistake. when xiao qiao was chatting with his friends, he mentioned that he wanted to resign, but the company said it hoped to wait until a new person was found to take over his job before letting him leave. xiao qiao is worried that if he leaves directly, he will not get his salary. on september 12, xiao qiao posted a message on wechat moments, saying, "i'm not even ready to do it anymore. the leaders here are not very reliable."

▲messages xiao qiao sent to friends before his death

ms. qiao said that when her family approached yunda zhumadian company for an explanation, company staff said that xiao qiao had not signed a labor contract with the company and the two parties were at a deadlock.

staff from the zhumadian city human resources and social security bureau told red star news that if xiao qiao had not signed a labor contract, he could have resigned directly and left. relevant disputes can be resolved through legal means by applying for arbitration or filing a civil lawsuit.

on september 29, relevant insiders told reporters that the company involved was not a direct agency of yunda company, but a franchise outlet. the staff at the branch are contacting and negotiating with family members on specific matters.

red star news reporters called multiple public telephone numbers of zhumadian yunda company, but no one answered. the reporter sent a text message to the company's legal representative to verify the situation, but received no reply.

on september 30, ms. qiao told reporters that the matter was currently "resolved" but did not disclose the specific solution.

lawyer:

even if the company has not found a new person to take over,

wages should also be settled for employees

zhao liangshan, senior partner of shaanxi hengda law firm and a well-known public interest lawyer, believes that xiao qiao works at the yunda company site and has work clothes and an employee number, which can prove that he is under the management of the site and has an affiliated relationship. although he has not signed a labor contract, according to the according to the provisions of the labor contract law, a de facto labor relationship is established with the employer from the date of employment.

in addition, according to the labor law, when workers provide labor, the employer must pay wages. regardless of whether a labor/labor contract is signed or not, it shall not be used as a reason for wage deduction. according to article 37 of the labor contract law, an employee may terminate the labor contract by notifying the employer in writing thirty days in advance. the employee can terminate the labor contract by notifying the employer three days in advance during the probation period.

zhao liangshan analyzed that xiao qiao had proposed to terminate the labor relationship in advance, and the site refused to let him leave because it had not found a replacement. this was obviously untenable because this was a matter of personnel management of the site itself and should not be used to restrict xiao qiao's legitimate rights and interests. therefore, if after xiao qiao proposed to resign, the company really refused to settle xiao qiao's salary on the grounds that "a new replacement was not found", which would be illegal.

zhao liangshan said that suicide is a punishment of the perpetrator's right to survival based on various reasons, including personal emotions, psychological pressure, oppression and humiliation by others, and other factors that may be caused. therefore, whether the website is responsible for xiao qiao's death mainly depends on whether the relevant behavior of the website was the cause of xiao qiao's death. for example, whether there was inappropriate behavior in handling xiao qiao's resignation and penalty deductions, such as verbal insults, whether these measures made xiao qiao unbearable, or whether he still angered and oppressed xiao qiao despite knowing that he had a depressive illness. if there is illegal or improper behavior on the site and leads to xiao qiao's suicide, the company may need to bear corresponding legal liability.

"at present, more evidence may be needed, such as investigating xiao qiao's daily records, diaries, disease records, xiao qiao's confession to outsiders, site monitoring, site boss's attitude and words towards xiao qiao, witness testimony, etc. comprehensive judgment ." zhao liangshan said.

fu jian, a well-known criminal defense lawyer and director of henan zejin law firm, believes that the company involved, as an employer, has the obligation to pay xiao qiao wages in accordance with the agreement or national regulations. after xiao qiao submitted his resignation, the company could not refuse to settle wages on the grounds that "a new replacement was not found". regarding xiao qiao's death, it should be analyzed whether there is a causal relationship between xiao qiao's death and the company's actions. if there is a causal relationship, the company may need to bear certain management liability or civil liability.