Research on the Identification of Work-related Injuries of labourers under the new form of Employment in China

Abstract

With the in-depth development of digital technology and the emergence of new forms of employment, the telecommuting mode of home-based work has been brought into the job market, which has been widely promoted after the outbreak of COVID-19. It may become the norm of people's work in the future. Home office, as a typical example of high integration and intersection of work and living space, can indeed save commuting time from the point of view of workers, but on the other hand, the personal subordinate attribute of home office workers is weak. when they are injured at work, according to the traditional identification standard of industrial injury, it is difficult to bring this new type of workers into the scope of industrial injury insurance. It is also difficult to provide occupational injury protection, let alone to achieve the goal of harmonious labor relations. Therefore, through the discrimination of the examples of the identification of work-related injuries in home work, this paper expounds the problems existing in the identification of work-related injuries and analyzes the causes. Finally, it puts forward some suggestions on the“three work”standards and the“48 hours”clause in the industrial injury as well as the distribution system of the burden of proof, hoping to strengthen the legal norms of long-distance labor and realize the harmonious labor relations under the new employment form.