Supreme People's Court  Provisions  on Several  Issues concerning Hearing  Administrative Cases of Work-Related Injury Insurance (the “Provisions”) (最高人民法 院关于审理工伤保险行政案件若干问题的规定), issued by the Supreme People's Court

The Provisions  are issued  based on the  Regulations on Work-Related Injury Insurance effective since January 1, 2005 (“Regulations”), to clarify issues with identifying work-related injuries, which have long been controversial in practice:

  • The Provisions  give four  situations that courts will uphold  as  work-related  causes:
    • Worker is injured in the workplace during working hours, and  employer or social security  authority cannot prove that the injury  is not work-related.
    • Worker is injured  doing activities  arranged by employer or  organized by another entity assigned by employer.
    • Worker is injured due to work-related causes during working hours  when travelling within a reasonable area  to  cover  several workplaces relating to worker’s employment duties.
    • Worker is injured during working hours and  within a reasonable  area due to causes related to performing work duties other than  the above three causes.
  • The Provisions  establish who  will  be liable for the work-related injury insurance, as follows:
    • Where a worker has labor relations with two or more entities, the  entity the worker is working  for when the work-related injury  occurs will be liable for work-related injury insurance.
    • Where a dispatched  worker is injured or dies  from work-related causes when working for the employer receiving the labor  dispatching, the  labor dispatching  agency will be liable for workrelated injury insurance.
    • Where a worker assigned by an entity to work for another entity is  injured or dies from work-related causes, the assigning entity will be liable for work-related injury insurance.
    • Where an employer  unlawfully subcontracts its contracting  business to  other entity or  individual that is not qualified as an  employer, and a worker employed by this entity or  individual is  injured or dies from work-related causes when working for the contracting business, the employer  will be liable for work-related  injury insurance.
    • Where an individual  carries out business by becoming affiliated with an entity, and a worker employed by the individual is injured or dies from work-related causes, the entity  the individual is affiliated with will be liable for work-related injury insurance.

Entities that  have assumed  the work-related injury insurance  in the  two last  situations above can claim compensation  from the relevant  entity or individual.

  • The Provisions  interpret  the  concept of  “period  of work outside workplace” established under the Regulations, specifying it as follows:
    • The period during which worker  is assigned by employer to carry out activities related to  work  duties in a place other than the  workplace or for work purposes.
    • The period during which worker is assigned by employer to study or attend a meeting outside the workplace.
    • The period during which worker engages in other activities outside the workplace for work purposes.
  • The Provisions interpret  “commuting” as  established under the Regulations, specifying it as follows:
    • Worker's commute between the workplace and  home, habitual residence or employer dormitory within a reasonable time period  using a reasonable route.
    • Worker's commute between the workplace and  home of spouse, parents or children within a reasonable time period  using a  reasonable route.
    • Worker's commute for activities necessary for daily life and work within a reasonable time period using a reasonable route.
    • Worker's commute within a reasonable time period  using other reasonable routes.

Date of issue: June 18, 2014. Date of effectiveness: September 1, 2014