Core Viewpoint - The article discusses the recent issuance of "Opinions (III)" by the Ministry of Human Resources and Social Security, which clarifies the application of the Work Injury Insurance Regulations, particularly focusing on the three essential elements of work injury recognition: "work cause, work location, and work time" [1][5]. Group 1: Clarification of "Three Work" Factors - The "Opinions (III)" explicitly states that overtime is considered work time, including time spent on tasks assigned by the employer outside regular hours [5][6]. - The definition of work location has been expanded to include areas outside the physical workplace that are necessary for completing specific tasks, providing better protection for employees who work remotely or in multiple locations [5][6]. - The inclusion of injuries occurring while addressing basic physiological needs (e.g., using the restroom) during work hours as work-related injuries addresses societal concerns [5][6]. Group 2: Definition of "Commute" - The article highlights the complexities surrounding the definition of "commute," particularly in cases where employees are injured while performing personal tasks, such as picking up children [8][10]. - "Opinions (III)" clarifies that reasonable routes taken for commuting, including activities like picking up children or running errands, will be recognized as part of the commute, thus providing coverage for such incidents [10][12]. - The new regulations require that the determination of "non-primary responsibility" in traffic accidents be based on legal documents from traffic management authorities or court rulings, eliminating ambiguities from informal agreements [10][12]. Group 3: Protection for Remote Work - The rise of remote work has prompted the need for clear guidelines on work injury recognition, particularly for injuries occurring at home [11][12]. - "Opinions (III)" states that injuries sustained while working from home, if proven to be work-related, should be recognized as work injuries, regardless of the location [12][13]. - The article emphasizes that while remote work injuries are covered, employees must provide sufficient evidence to support their claims, ensuring that the core principle of "work cause" remains central to injury recognition [13].
人社部最新工伤认定解读,涉及上下班通勤、居家办公等情形
21世纪经济报道·2025-11-21 06:29