After work, I died suddenly with WeChat. Is it a get off work injury?The court was sentenced

Workers' home online work overtime

Can it be regarded as a "job"?

Shi Mou, an employee of Guangzhou

After going home from get off work, handle work through WeChat

Sudden disease fell to the ground that night

120 announced death after arriving

After the incident, Shi ’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.

The court pointed out

Bleak

， For the interests of the unit, if the employee continues to occupy the personal timeline processing get off work after work, it belongs to the extension of the "working hours and work positions" stipulated in the "Work Injury Insurance Regulations". During the period of death, the disease should be regarded as a working injury. Bleak

After the man is off work

Suddenly died on the line at home

Shi Mou was an employee of a trading company in Guangzhou. At about 19.40 on a working day in 2020, Shi Mou suddenly fell to the ground at home and announced death after 120 arrived.

Shi Mou's WeChat chat record shows that after getting home from get off work on the day of the incident, he negotiated with colleagues and customers through WeChat, and the last chat time with colleagues "Daewoo" was 19:22;

At 19:55 that night, other colleagues in the WeChat group where Shi Mou were still continued to reply to the work content.

Shi Mou's wife Tianmou submitted an application for work injury to the local social security bureau. The Social Security Bureau made a complaint "Decision on the Decision of Work Injury" and decided not to be identified or regarded as a working injury to Shi Mou's death. Tian Mou was dissatisfied and complained to the court.

The second trial of the court:

Shi Mou is in accordance with working hours

Situation of the death of a job with a job

The first instance of the Guangzhou Railway Transport Court held that Shi Mou did not belong to working hours or work at home when he had a sudden disease at home, and rejected Tian's claim. Tian Mou was dissatisfied and appealed.

The second instance of the Guangzhou Railway Transport Intermediate Court held that Shimou's WeChat chat records showed that they often replied to work information with WeChat after work. In addition, combined with the statement of colleagues Tian, ​​it was produced with Shimou's factories at night. When problems encountered during the production process, they would be linked to each other. This is the case for many years. It can be seen that Shimou continued to deal with online processing after returning home.

Specific to this case, the last time Shi Mou's work on the night of the incident was 19:22, instead of 19:40 on the ground time, the existence time was poor, but considering the onset of sudden diseases to death, there was a continuous process. And after 19:22, Shi Mou did not use WeChat to send any information, so it can be determined that Shi Mou was in line with the death of the dying of the disease during working hours and working posts.

Based on this, the judgment was revoked, and the "Decisive Decision of the Work Injury" made by the Social Security Bureau was ordered to be re -processed to Tianmou's work injury identification application within 60 days from the date of effectiveness of the judgment.

The court pointed out that with the increasingly improved Internet technology, the office of home online has become the normal work of many industries and fields. It is not uncommon for personal injury and casualties to occur during this period.

Under the circumstances of the law, the court of the second instance accurately grasped the original intention of legislation and determined that the situation of the death of an emergency disease after get off work should be regarded as a work injury and safeguarded the legitimate rights and interests of the workers.

Explanation:

Home online office

How to save fixed evidence?

1. According to WeChat chat records, Shi Mou pushed the information time at 19:22, and it was discovered that the time to fall to the ground was 19:40. How does the court of second instance determine?

According to the supervisor, when the time of the incidence of employees and death is difficult to determine, the principle of protecting the legitimate rights and interests of employees in accordance with the tendency of the work injury to determine the tendency of employees should be concluded by employees. Considering that there is a continuous process of the incidence of sudden diseases and death, and Shi Mo did not use WeChat to send any information after 19:22, the court in the second instance made it conventional. Job disease.

2. In conjunction with this case, how to save and fixed evidence when the employee's home is on the line?

According to the executive officer, the workers and their families must have the sense of evidence to retain various emails, call records, WeChat chat records, SMS records, etc. during the office office. Important basis.

Source: Guangzhou Daily

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