Case Analysis (23): Are they suffering from work-related injuries?

Question 1: Zhang’s case cannot be classified as a work-related injury. The Regulations on Work-related Injury Insurance regulate the labor relationship between employers and employees, and the application of these regulations is contingent upon the existence of such a labor relationship. Zhang has retired; in accordance with the Labor Contract Law of the People’s Republic of China, when an employee begins to receive basic old-age insurance benefits in accordance with the law, the labor contract comes to an end. Question 2: Since the relevant authorities will not handle work-related injury claims, Zhang can apply to the property management company for civil compensation.

Zhang can be considered to have suffered a work-related injury; he signed a labor agreement with the property management company. Although it differs from a formal labor contract, there is still a de facto labor contract relationship, and the fall occurred during working hours. The relevant authorities do not handle work-related injury cases; Zhang should apply to the higher-level labor arbitration authority for recognition of the work-related injury or file a lawsuit in court.

Retirees who suffer occupational injuries while re-employment cannot have their injuries recognized as work-related injuries, as they no longer possess the status of legal workers, are not governed by labor laws, and the Regulations on Work-related Injury Insurance do not apply to them. The Central Organization Department, the Central Publicity Department, the Central United Front Work Department, and the Ministry of Personnel. Ministry of Science and Technology, Ministry of Labor and Social Security, **General Political Department, China Association for Science and Technology – “Opinions on Further Giving Full Play to the Role of Retired Professional and Technical Personnel” IV. Effectively safeguard the legitimate rights and interests of retired professional and technical personnel. When employing retired professional and technical personnel, various organizations should follow the principles of equal consultation and reasonable compensation, and clarify the rights and obligations of both parties through contracts in order to protect their legitimate rights and interests. During the period of employment, such retired professionals and technicians continue to enjoy their original retirement benefits and living allowances. Retired professional and technical personnel are entitled to the benefits derived from the commercialization of their scientific research achievements in accordance with **relevant legal provisions. Retired professional and technical personnel are required to pay taxes in accordance with the law on the remuneration they receive during their employment as well as on the income generated from the commercialization of their research results. During the period in which retired professional and technical personnel are employed, if they suffer occupational injuries at work, the employing unit shall handle such cases properly in accordance with the relevant standards for work-related injury insurance ； In case of a dispute with the employer over an occupational injury sustained at work, it can be resolved through civil litigation ； Disputes arising with the employer regarding the performance of the employment contract can be resolved through personnel or labor dispute arbitration channels. Employers under certain conditions may, in compliance with relevant regulations, purchase personal accident insurance for the retired professional and technical personnel they hire during the period of employment. Employing units should pay attention to the physical health of retired professional and technical personnel, and, based on work requirements and their actual conditions, assign them tasks that are within their capabilities.

Question 1: According to the sixth of the seven circumstances under which an injury is considered to be work-related, as stated in the relevant responses from the Administrative Tribunal of the Supreme People’s Court, those who are employed by an employer beyond the legal retirement age and suffer injuries or deaths during working hours due to work-related reasons should have their injuries recognized as work-related injuries in accordance with the relevant provisions of the Regulations on Work-Related Injury Insurance. Zhang should be recognized as having suffered a work-related injury. Question 2: Since the relevant authorities do not handle work-related injury cases, Zhang should first turn to the company that employs him, so that the company can arrange for an appropriate authority to conduct an assessment and determine whether the case can be accepted

It is not recognized as a work-related injury, as it did not occur during working hours

　　In this case, Zhang was injured while going upstairs again. The reason it cannot be classified as a work-related injury is that his employment relationship with the company differs from the labor contract relationship stipulated by the Labor Law of the People’s Republic of China; rather, it is a civil employment relationship. The Work-related Injury Insurance Regulations regulate the labor relationship between employers and employees, and the application of these regulations is contingent on the existence of such a labor relationship. 　　Since Zhang has reached the legal retirement age, in accordance with the Labor Contract Law of the People’s Republic of China, once an employee begins to receive basic old-age insurance benefits in accordance with the law, the labor contract comes to an end. 　　The law makes such provisions considering that as workers age, their physical health and working skills decline, increasing the risk of work-related accidents, and they are no longer suitable to continue working. Furthermore, from the perspective of social insurance relations, social insurance agencies cannot allow retired employees to receive pension benefits while simultaneously continuing to purchase work-related injury insurance. 　　Although China’s labor laws do not prohibit retirees from re-entering the workforce, in terms of their legal status, such retirees are no longer considered workers in the sense defined by labor law. Therefore, after completing the retirement procedures at their former employer, retired employees have the right to continue providing paid labor for other companies, but they no longer qualify as \"workers\" in the sense of labor law. The relationship established between it and the company it serves is not an employment contract relationship, but rather an employment relationship in a civil sense. If retirees return to work and get injured as a result of their work, the Regulations on Work-related Injury Insurance do not apply to them.

Yes, the Labor Agreement has been signed

It’s a work-related injury. The labor law has relevant provisions