China News Service, Zhengzhou, October 13 (Yang Dayong) At present, the new crown pneumonia epidemic is spreading in many places in the country. Many units are advocating that employees work from home due to the requirements of the new crown pneumonia epidemic prevention and control policy.
So, is the injury or death of an employee during this period a work-related injury?
A case in Zhumadian, Henan Province, provides an example of how to correctly understand and grasp "working hours" and "work positions."
On August 7, 2019, Zhang signed a two-year fixed-term labor contract with a company, stipulating that Zhang would work in the company's financial position.
During the 2020 Spring Festival holiday (during the epidemic prevention and control period), the company's sales department is open all day, requiring financial and marketing cooperation, and the finance is responsible for collecting money.
Zhang came to Zhumadian from his home in Shangcai County, Henan Province at noon on January 30, 2020 according to the company's requirements. At about 16:00 on the same day, Zhang went to the sales department of a project of the company to handle the replenishment business for the customer and then returned to his Zhumadian. Urban rental housing.
At 18:19, Zhang used WeChat in the rental house to send the company's cashier Liu the financial statement of the day.
The work exchanges between the two parties were held until 20:32 of the same day.
At 20:48 that day, his mother Liu Mouzhen contacted Zhang's WeChat account for 3 minutes and 41 seconds. At 20:52, Liu Mouzhen could not contact Zhang.
At 21:19, Liu really dialed "120" and "110" to report to the police that Zhang was suspected of being in danger.
When the police arrived at the scene, "119" had broken open the door of Zhang's rental house. Zhang died in the room. The cause of death was sudden death.
Later, Liu Mouzhen submitted the application materials for work injury identification to the Human Resources and Social Security Bureau of Yicheng District, Zhumadian City.
After reviewing and accepting the acceptance, the Bureau of Human Resources and Social Security of Yicheng District investigated and verified the relevant evidence, and believed that Zhang did not have a sudden illness during working hours and at his job, and did not comply with the relevant provisions of the "Work Injury Insurance Regulations". ) No. 2 "Determination of Not Recognizing Work Injury in Yicheng District, Zhumadian City".
The Bureau of Human Resources and Social Security of Yicheng District believes that Zhang did not become ill during working hours or at the workplace and should not be considered as a work-related injury.
Liu Zhenzhen believed that when he chatted with Zhang's WeChat account at 20:48 on the day of the incident, Zhang said that he was making company statements in the rental house and should be identified as a work-related injury.
The court of first instance held that Zhang was an employee of the company’s financial department. During the Spring Festival of 2020 (the sixth day of the first month of the lunar calendar), he was assigned to work at the company as arranged by the company. He died of sudden illness while working in a rental house due to the epidemic, and he complied with the Work Injury Insurance Regulations. Article 15 is regarded as the conditions for work-related injuries.
The Yicheng District Human Resources and Social Security Bureau’s defense was unfounded and was not accepted. The defendant's "Decision on Non-Determination of Work Injury" was wrongly applied with laws and regulations and should be revoked.
The reason for Liu Suzhen's petition was established and supported.
Yicheng District Human Resources and Social Security Bureau refused to accept it and filed an appeal.
The Intermediate People's Court of Zhumadian City held that the death of Zhang met the constitutive requirements of "working hours"; the death of Zhang met the constitutive requirements of "work position".
The accused "Decision Not to Recognize Work Injury" contained errors in the application of administrative regulations and did not have substantive legitimacy. It was not inappropriate for the first-instance judgment to revoke the decision not to recognize a work injury.
The appeal grounds of the Yicheng District Human Resources and Social Security Bureau were untenable and were not supported.
The judgment of the court of second instance: rejected the appeal and upheld the original judgment.
In this regard, Hou Lingmin, deputy to the Henan Provincial People's Congress, believes that the prevention and control of the new crown pneumonia epidemic has become normal, and employees may not be able to provide labor services at fixed workplaces and working hours due to the requirements of the epidemic prevention and control policy.
Under this circumstance, this case provides a good example of how to correctly understand and grasp the "working hours" and "work positions" in the event of a work death incident.
First of all, the working hours of employees during the epidemic prevention and control period should be appropriately and leniently controlled according to the actual situation.
Second, the home office location can be regarded as a reasonable extension of work positions in special periods such as epidemic prevention and control.
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