梳理解读·居家办公期间如何认定工伤？细化工伤认定“三要素”情形 ↓

Core Viewpoint - The Ministry of Human Resources and Social Security has issued "Opinions (III)" to clarify the application of the Work Injury Insurance Regulations, aiming to better protect the legal rights of employees and employers [1][5]. Group 1: Work Injury Recognition Criteria - The document specifies the three essential elements for work injury recognition: "working time, working place, and working cause" [5][7]. - "Working time" includes legally mandated hours, contractual hours, employer-specified hours, time spent on temporary assignments, and overtime [7]. - "Working place" encompasses areas where the employer can effectively manage employees' daily activities, locations related to specific tasks, and reasonable areas between multiple work sites [9]. - "Working cause" refers to injuries sustained while performing job duties, completing assigned tasks, or protecting the employer's legitimate interests [11]. Group 2: Commuting and Remote Work - The document clarifies that injuries occurring during commutes are recognized if the employee travels between their residence and workplace within a reasonable time and route [13]. - For remote work, injuries can be recognized as work-related if there is sufficient evidence proving that the injury occurred due to work reasons, regardless of the employee working from home [15][19]. - Simple communications via modern tools like WeChat or email are not considered work-related causes [17]. Group 3: Exclusions from Work Injury Recognition - Injuries resulting from the employee's own criminal acts, intoxication, drug use, self-harm, or suicide are explicitly excluded from being recognized as work injuries [20][22]. - For traffic accidents where the employee is not primarily at fault, recognition requires legal documentation from traffic management authorities or court rulings [24]. - Medical damages resulting from torts unrelated to work injuries or occupational diseases are not covered by work injury insurance funds [26]. Group 4: Labor Relationship Confirmation - The social insurance administrative department must confirm the labor relationship when processing work injury recognition applications [29]. - In cases of disputes regarding labor relationships, applicants are advised to seek resolution through arbitration or litigation [29]. - Employers involved in illegal subcontracting or outsourcing are held responsible for work injury insurance, ensuring better protection for affected workers [31].