WeChat overtime death calculation work injury is guided significance

■ Zhang Limei

Recently, the Guangzhou men died of a sudden illness with WeChat after get off work.

One day in 2020, Shi Mou returned home to deal with work through WeChat after get off work. He fell to the ground with a sudden illness. After 120 arrived, he announced his death. After the incident, when the family members applied for work injury identification, the local social security bureau made a decision to not determine the work injury. Shi Mou's wife sued the court and demanded that it was identified as a work injury. A few days ago, the case was determined by the second instance of the Guangzhou Railway Transport Intermediate Court to constitute a work injury.

After get off work, the working injury identification case that worked overtime in the home WeChat had been died at home. Although the process was twists and turns, they finally got a gratifying judicial judgment.

There is no doubt that the case of this injury identification is the determination of the work injury that keeps pace with the times, highlighting the law of the law on the pocket of "fighting workers". Not only that, the judicial judgment is also very important for overtime determination, which helps to further support the rights and interests of workers. This is the biggest highlight of this case of work injury.

According to the provisions of the Injury Insurance Regulations, there are 22 cases of work injury identification, and basically set up "working hours", "workplace", "work position" and other strip frames. According to the definition of traditional "working hours and workplace", the workplace generally refers to the unit, and the family jumps out of the "workplace". However, the rapid development of science and technology, especially the mobile Internet, provides more possibilities and choices for the working model, and has broken the time and space restrictions of traditional offline class processing to a certain extent. The current workplace, including the author, including the author, has been "going to get off work" in name, but it has to be handled by WeChat and computers at any time, and has even become the normal work, work and work and work of many "workers", work and work, work and work. The boundaries between life are becoming more blurred.

In such a new situation, the determination of employees' working hours, workplace and job positions should not be limited to fixed working hours, place, and so on. For the interests of the unit, employees continue to occupy personal time after get off work, and those who handle work matters through WeChat at home are undoubtedly an extension of "working hours" and "job post". It is an overtime situation. The guarantee of treatment is the deserved meaning of the legal rights and interests of the law to protect the legitimate rights and interests of the workers. From this perspective, after get off work, we used WeChat to work as a work injury, and extended the scope and scope of "working hours" and "work post" in the form of judicial judgments. It provided a reference standard for the determination of work injury to work overtime casualties in the future.

Furthermore, after work, the judicial judgment of get off work injury to work injuries was used to work. The implication of the workers will be characterized by the judicial level of the judicial level through WeChat and computer processing work after work. In the actual workplace, most employers do not treat employees' use of WeChat and computer treatment at home after work. Workers often sacrifice their personal time for the enterprise for free. WeChat overtime death is a work injury, which means that workers can ask for overtime pay from the enterprise in accordance with the law, or they can refuse to work overtime for a long time.

In short, at the moment when workers are getting more and more common on the off -work timeline, employers should learn from this WeChat overtime death calculation and work injury case to effectively protect the legitimate rights and interests of the workers. Improper overtime.

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