WeChat overtime death is a work injury, and the law is protected by the new format workers

Recently, the case of "a man who had a WeChat treatment with WeChat after get off work after work could be identified as a work injury". The second instance of the Guangzhou Railway Transport Intermediate People's Court determined that after get off work, it was also the category of "jobs" with WeChat. When the new labor format faces the "unlimited work boundary", the workers' injury determination also keeps pace with the times, improves relevant laws and regulations, and gives "workers" to protect.

According to reports, after the man Shi Mou returned home in 2020, he died suddenly when he negotiated with colleagues and customers on WeChat. After the incident, Shi Mou's wife, Tian, ​​sued the court and demanded that her husband was a work injury. The court held that Shi Mou did not belong to working hours or work positions when he had a sudden illness, and rejected Tian's claim. Tian Mou was dissatisfied and appealed. Recently, the second instance of the Guangzhou Railway Transport Intermediate People's Court believes that Shimou meets the death of the dying disease of the home online office after get off work, and finally determines that it constitutes a work injury. The court pointed out: 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". Work injury.

In recent years, the cases of work injury have often attracted attention. It is precisely because of our office space and office hours have changed a lot, and they are no longer restricted to fixed places and time, but have become more flexible and complex. Especially 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. At this time, workers often belong to the disadvantaged side, and the court's judgment is particularly important.

From the perspective of judicial practice, there are two main types that can be determined after get off work. One is to continue to stay in the unit to work overtime, and the other is the way home from get off work. After returning home, I died of illness when working on WeChat. Whether I can determine the injury can indeed give the justice a "new topic". The judgment given by the court in the second instance of the case states that the determination of employees' working hours and work positions is not necessarily limited to fixed working hours and places. Due to work needs, if employees continue to handle work through WeChat at home after work, they should also include the "job post" category stipulated in Article 15, paragraph 1, paragraph 1, paragraph 1, paragraph 1 of the Injury Insurance Regulations. It can be said that the court of second instance accurately grasped the original meaning of legislation and was full of humanities and rationality.

The protection of labor rights and interests is always on the road. As some netizens said, the infinite working boundary is equal to the scope of unlimited work injury. This should become a consensus. The victory of the case can be "interpreted by the case" to provide more workers with the weapons of rights protection. However, we must also see that my country is not a country's country. The judgment made by a court only has a reference effect on the case of other courts, not a decision. "Objectives to use WeChat work to identify work injuries after work" need to be determined in the form of the system to make up for the "shortcomings" identified by labor injuries to provide workers with a more thoughtful institutional guarantee. (Liu Haiqin)

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