China's HR ministry tackles work-related injury definition

中国确定工伤定义

June 02, 2016 | BY

Katherine Jo &clp articles

The ministry of human resources has released guidelines for the labor bureaus to follow when granting work injury certifications, addressing issues such as reasonable commute, claim filing deadlines and insurance payment compliance. 人力资源部已发布面向劳动局的指导准则，以便其授予工伤证明，并解决合理通勤、索赔提交时限和保险缴费合规实践等问题。

The Chinese ministry of human resources recently attempted to address a key issue of employment disputes in the country, providing labor departments guidelines on how they should determine if an injury is work related or not.

The Opinions on Several Issues Concerning the Implementation of the (2) (Opinions), released by the Ministry of Human Resources and Social Security (MOHRSS) on March 28, drew contrasting reactions from lawyers. Some said that the Opinions seek to narrow definitions to avoid litigation, while others said they allow more discretionary interpretation. They drew comparisons with the Supreme People's Court (SPC)'s 2014 Provisions on Several Issues Concerning the Trial of Administrative Work-related Injury Insurance Cases (Provisions).

While the SPC's Provisions focus more on how the courts should handle work-related injury cases and contested certifications, the MOHRSS' Opinions are aimed at guiding the labor departments on determining whether an injury is actually related to work.

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