25岁员工年会喝到吐血,劝酒者要担责吗?
A recent incident involving a young employee has drawn widespread online attention after he was hospitalized for vomiting blood following excessive drinking at a company's annual dinner.
According to reports, the 25-year-old, who had recently joined the company, was pressured by his superiors to consume alcohol during the event. He later suffered severe vomiting and was diagnosed with a tear at the gastric cardia, but survived after receiving prompt emergency treatment.
tear /ter/ 裂口,裂缝
The incident has raised questions about potential legal liability for those who pressured him to drink. Wang Chao, a lawyer with Junzejun (Hefei) Law Firm in Beijing, said courts typically assess whether companions fulfilled reasonable duties of care and warning, as well as whether there was active encouragement to drink, when determining responsibility.
类似“公司聚餐喝酒喝到伤亡”的情况,能被算作工伤吗?
北京市盈科律师事务所合伙人李娜曾表示,工伤保险条例第十六条提到,有下列情形之一的,不得认定为工伤或者视同工伤:(一)故意犯罪的;(二)醉酒或者吸毒的;(三)自残或者自杀的。若是醉酒状态导致损害的,不能认定为工伤或视同工伤。
职场酒文化的畸形之处,在于把人当成了“下酒菜”。从酩酊大醉到酒精中毒,从身体受损到生命凋零,因劝酒引发的悲剧时有发生。
2月2日,上游新闻发文称,打破职场酒桌歪风,既需要员工勇敢说“不”,更需要企业摒弃“酒桌论英雄”的畸形风气。健康的职场,不需要酒精堆砌的虚假人情,更容不下权力裹挟的隐性PUA。面对不合理的劝酒,“倒反天罡”不是不懂人情,敢于拒绝不是不知变通,而是对自己负责。
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