Cover comment | "Determine work injury to the onset of WeChat get off work after work", strengthen the application of law in a critical judgment

□ Jiang Yanzheng

Recently, Guangzhou, Guangdong. Men Shi Mou died with WeChat treatment after work. Shi Mou's WeChat chat record showed that after getting home from get off work on the day of the incident, he negotiated with colleagues and customers through WeChat. The last chat time with colleagues "Daewoo" was 19:22. Shi Mou's wife, Tian, ​​submitted an application for work injury to the local social security bureau, and the Social Security Bureau did not determine it. Tian Mou was dissatisfied and complained to the court. In the first instance of the court, Tianmou's claim was rejected. Tian Mou was dissatisfied and appealed. The second instance of the Guangzhou Railway Transport Intermediate Court believes that Shimou is in line with the death of working hours and emergencies in the job. (China News Agency)

The boundaries of work and life are becoming more and more blurred in modern workplace. In nominal "off work" but "get off work" anytime, anywhere, it has become the norm for many people. Thanks to the help of technical tools such as "cloud office" and "online collaboration", the efficiency of work has been improved unprecedented. The other side of the coin is that the private time and space of "outside work" are greatly compressed, and there are not a few people who are in the body and mind of "beating workers". How to carry out the necessary judicial relief on their rights and interests has become an imminent new topic.

It should be said that the existing legal system has a complete set of protection mechanisms for the interests of workers. However, it is necessary to clarify that its general rules design is mainly based on the "old tradition", such as formal employment relationships, standard working hours, typical production work methods, and so on. Today, everything above is changing rapidly, and various new industry ecology, new employment forms, and "labor status" are emerging. This will inevitably lead to a result, that is, the interpretation and applicability of the original laws and regulations inevitably have stagnant lag. To this end, the judicial practice department needs to perform its functions.

For example, for the determination of work injury, the prerequisite for the laws that are limited to the law are "working hours, work posts", "going out due to public", "on the way to get off work" and so on. So, after "get out of get off work" home, use WeChat and other negotiations such as "working hours and jobs"? According to traditional understanding, since "returning home" is not in the unit or overtime, so of course, "work injury". In fact, almost all people in the workplace know that the kind of mobile phone must be online at any time and WeChat should be replied at any time, which is more exciting than "working at the company" -the work is not a job. What is the job? Intersection

At the judicial level, it involves the identification of work injury, so the definition of "work" should be ductantly rather than limited, and rationality is essential but not form. For many workers, the "mobile phone communication" after get off work is basically "the office gap to see the stitches to live a life", which should be considered as "working hours" and "working position". Only in this way can we balance labor and capital relations, can we effectively protect the rights and interests of labor rights, and effectively restrain employers 'urge to dominate employees' "disguised overtime" and "over -overtime". "Men's after -work on WeChat to determine work injury", a key judgment is also a strong extension of the rights of migrant workers.

- END -