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China Law Insight

Labor & Employment

On the way to or back from work. Work-related injury?

Posted in Labor & Employment

By Luo Ai and Xie Minru King & Wood Mallesons’ Commercial & Regulatory Group

Oluo_ain March 28th of 2016, the Second Opinions of Several Issues concerning the Implementation of the Regulation on Work-Related Injury Insurance was issued by the Ministry of Human Resources and Social Security. According to the Article 6 of the Second Opinions, an employee shall be ascertained to be “on the way to or back from work”, if he or she was commuting along a reasonable route between his or her workplace and residence within a reasonable time on the purpose of going to or return from work. Hence, the interpretations of “within a reasonable time” and “a reasonable route between the workplace and residence” directly influence the ascertainment of“on the way to or back from work”. Based on the main controversies in the judicial practices around China, we try to analyze and conclude the aforesaid issues in this article.

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