“Opinions on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (III)” shall come into force on November 13, 2025
Recently, the Ministry of Human Resources and Social Security has issued the “Opinions on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (III)” (hereinafter referred to as “Opinions III”), which provides relatively clear provisions on the identification standards for the three core factors of work-related injury recognition—”working time”, “workplace”, and “work-related reason”—as well as new requirements for identifying these three factors brought about by “work from home” and other scenarios. Its key points are as follows:
- Identification of “Working Time”
The identification of “working time” shall take into account whether it falls within the time stipulated by law or required by the employer for employees to work. It includes but is not limited to: (1) Working time stipulated by law; (2) Working time agreed in the labor contract; (3) Working time specified by the employer; (4) Time for completing temporary assignments or specific work tasks assigned by the employer; and (5) Overtime hours.
- Identification of “Workplace”
The identification of “workplace” shall take into account whether it is an area related to employees performing their job duties and a reasonable area necessary for fulfilling such duties. It includes but is not limited to: (1) Areas where the employer can effectively manage employees’ daily production and business activities; (2) Relevant areas outside the employer’s premises involved in employees completing specific work tasks; and (3) Reasonable areas between multiple workplaces related to employees’ job duties that they travel through for work purposes.
- Identification of “Work-related Reason”
The identification of “work-related reason” shall take into account whether there is a causal relationship between the performance of job duties by the employee and the injury suffered. It includes but is not limited to: (1) Injury sustained while engaging in one’s own production and business activities; (2) Injury sustained while completing work assigned by the employer; (3) Injury sustained while safeguarding the legitimate interests of the employer; and (4) Injury sustained while meeting necessary basic physiological needs in a reasonable place during working hours, excluding injuries entirely caused by personal reasons.
- Identification of “Work from Home”
If an employee works from home as arranged by the employer, and there is sufficient evidence to prove that the employee suffered an accidental injury due to work-related reasons during the work-from-home period, the recognition of work-related injury shall not be affected by the fact that the work was performed at home. However, simple work communication through modern communication methods such as WeChat, telephone, or email which is temporary and occasional shall not be deemed a work-related reason. For determining whether an employee’s sudden illness at home constitutes an occurrence “during working time and at the work post”, factors such as the employee’s occupational requirements and job responsibilities shall be fully considered. If the applicant provides sufficient evidence to prove that handling work at home was conducted in accordance with the employer’s work requirements and needs, was basically consistent with the daily work intensity and work status, and obviously occupied the employee’s rest time, it may be deemed as “during working time and at the work post”.
In addition, Opinions III sets forth specific provisions on the concurrence of work-related injury and tort, the basis for identifying “non-prime liability” in traffic accidents occurring on the way to and from work, the identification of the “on-the-way-to-and-from-work” roadmap, and the basis for determining the time of death, etc.