During the return of employees, do you die?

Original title: Is the reasonable extension of the "working hours and work posts" due to the "epidemic" return to the job to be separated into the focus of controversy- (topic)

During the return of employees to work, is it a work injury? (Theme)

Professionals pointed out that work injury determination should adapt to the new situation and new changes in the field of labor relations (sub -questions)

Reading prompt

According to the "Work Injury Insurance Regulations", employees died in work hours and work positions, and they were deemed to have died of a disease. For the extension of whether it can be counted as "working hours and jobs" during isolation, professionals point out that the understanding of the requirements for the requirements of work injury should not be too mechanical, and new changes in the labor mode should be adapted to the special situation.

Recently, the local epidemic of new crown pneumonia has occurred in many places in China. Some employees who go to foreign countries, visit relatives or travel may need to be isolated at hotels or designated locations before returning to the job. So, during the isolation period, if the employee dies is a work injury?

Generally speaking, the determination of work injury needs to be comprehensively judged according to the principle of "three workers" in accordance with the principle of working hours, work positions, and work reasons. In addition, the "Regulations on Work Injury Insurance" clearly stipulate that employees die in working hours and work positions, and the death of the disease is deemed to be a working injury.

Can it be counted as "working hours and jobs" during the isolation period? People in the industry pointed out that in a special period of prevention and control of epidemics, the understanding and grasp of working injuries such as working hours and jobs should be adapted to adapt to "new" to adapt to adaptation New situations and changes in the field of labor relations.

Suddenly died during the isolation of the employee, and the work injury was supported by support

In October 2019, Geng joined a catering company in Nantong, Jiangsu as a chef. On January 21, 2020, Geng returned to his hometown of Bengbu, Anhui to celebrate the New Year. After the Spring Festival that year, affected by the new crown pneumonia's epidemic, after the restoration of the catering company, Geng and others were arranged to live in a local hotel and conducted a 14 -day isolation observation in accordance with the epidemic prevention regulations. However, during the hotel isolation, Geng died of a sudden illness.

According to Article 15, paragraph 1, paragraph 1 of the "Regulations on Work Injury Insurance", employees died in work hours and jobs, died of sudden disease or died within 48 hours, and were deemed to be a working injury.

On May 11, 2020, Geng's parents and daughters submitted an application for work injury. On July 9, the Nantong Municipal Human Resources and Social Security Bureau determined that Geng Mou complied with Article 15, paragraph 1) of the "Regulations on Work Injury Insurance".

The reporter's search found that suddenly dying during the isolation of employees was identified as a work injury.

At the beginning of 2020, a company in Fenghua District, Ningbo City, Zhejiang Province promoted the resumption of work in an orderly manner, arranged isolation facilities to recall employees to isolate. After receiving a notice from returning to the job on February 2nd, Yuan Mou, the company's canteen logistical staff, took a plane to return on February 8th, and was arranged by the company's employees to be isolated in isolation. On February 11, Yuan had a sudden disease in the room in the isolated area, and died at 14 o'clock the next day due to the rescue of the cerebral infarction.

Since then, the Fenghua District Human Resources and Social Affairs Bureau has determined that Yuan's death in the isolated area is a work injury. This is also the first quarantine period of work injury in Ningbo.

Does the isolation period belong to "working hours and jobs"?

The reporter noticed whether the sudden death of a sudden death during the work of employees is a reasonable extension of the "working hours and work positions" stipulated in the "Work Injury Insurance Regulations".

In the aforementioned Geng, the People's Court of Nantong Economic and Technological Development Zone tried that in a special period of prevention and control of the epidemic, enterprises implemented a flexible working mechanism for the need for epidemic prevention and the foreign employees who participated in the resumption of work. Observe special emergency measures, at this time, the labor method has entered a special state. Therefore, it should be appropriately expanded according to the actual actual actual situation to adapt to new changes in the labor mode in special circumstances.

Chen Jinping, a judge of the Nantong Economic and Technological Development Zone People's Court, who was in charge of the trial of the case, pointed out that Geng returned to Nantong's resumption to get the company's consent and isolate according to the company's instructions. During this period, the company provided Geng to provide meals to solve Geng's basic life needs. The purpose of isolation was to return to the chef's post to work normally. During this quarantine observation, it should be regarded as Geng's upcoming return to the chef post and provided a coherent sustainable sustainability before normal labor. The special post management period that is closely related to its work is closely related to its work. Therefore, the isolated place and the period should be a reasonable extension of the "working hours and work positions" in the same period.

In the case of Geng, when the Human Resources Department determined that Geng's sudden death belonged to work injury, the catering company filed an administrative lawsuit request to cancel the decision of the Nantong Municipal Human Resources and Social Security Bureau. After the first and second trials, in May 2021, the Nantong Intermediate People's Court issued a final judgment to maintain the original judgment. Recently, the case was selected in the "Selection of the People's Court Case" in 2022.

"Working hours and working positions" determined to adapt to the new situation

Chen Jinping told reporters that usually, the working hours refer to the time stipulated by the law or the employer requests the workers to work. A specific area involved in a specific production and operation activity. However, in the special period of prevention and control of the epidemic, due to the needs of the epidemic prevention and control, we can no longer conduct strict judgment with normal work regulations and requirements. expansion.

However, Zhang Zhiyou, a lawyer of Beijing Fumao Law Firm, also pointed out that when the reasonable extension of the "working hours and work positions" of employees during the determination of the special period of employees should be comprehensively analyzed from the purpose of isolation, state, and direct beneficiaries. According to the differences in isolation and isolation status, Zhang Zhiyou further analyzed that for example, for the implementation of isolation measures for the implementation of the work responsibilities, or the implementation of isolation measures due to the request of the employer, and the employer is responsible for the daily needs and accepted the daily needs The management situation of employers can be regarded as a reasonable extension of "working hours and job positions"; and for employees to live in isolation before resumption of work, they are responsible for daily needs, and do not accept the management of employers, unless it is a home office office. And during working hours, otherwise it should not be regarded as "working hours and jobs."

Recently, a case of work injury in Guangzhou rushed on the hot search. In 2020, Shi, an employee of a trading company in Guangzhou, handled his work through WeChat at home after work, and died of a sudden illness that night. A few days ago, the second instance of the Guangzhou Railway Transport Intermediate Court determined that Shi Mou constituted a work injury. The court of second instance pointed out that employees continue to occupy personal timeline processing after work, which is an extension of "working hours and work positions".

Zhang Zhiyou said that this case also shows that the understanding and grasp of the requirements for working injuries such as working hours and work positions should be adapted with the "new" to adapt to the new situation and new changes facing the field of labor relations.

Source: Workers' Daily-Zhonggong.com

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