6 Guidelines issued by the Supreme People’s Court and the Ministry of Human Resources and Social Security regarding work-related injuries of retirees (2016)
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Regarding whether injuries sustained by retirees during their employment can be classified as work-related injuries, there are varying approaches in judicial practice. To help everyone understand the principles for handling such disputes, six guidelines have been summarized based on the opinions of the Supreme People’s Court, the Ministry of Human Resources and Social Security, and the Legislative Affairs Office of the State Council. The key points regarding the application of these guidelines are also analyzed for reference in practical operations: First, if an employer has paid work-related injury insurance premiums for a retiree, and that retiree suffers an injury at work during their employment period, the provisions of the Work-Related Injury Insurance Regulations apply, and the injury can be treated as a work-related injury. This guideline stems from the reply issued by the Administrative Tribunal of the Supreme People’s Court under reference number Xing Ta Zi No. 6, regarding whether a relationship of employment exists between a retiree and their current employer, and whether the Work-Related Injury Insurance Regulations apply in cases of injuries suffered during working hours. In this reply, the Supreme People’s Court held that, in accordance with relevant provisions such as Article 2 and Article 61 of the Work-Related Injury Insurance Regulations, when a retiree is employed by a current employer who has paid the necessary insurance premiums, any injury sustained by that retiree at work during their employment period should be handled in accordance with the relevant provisions of those regulations. 【Key points to note】Pay close attention to the prerequisite for this response: \"The current employer has already paid the work-related injury insurance premiums for them\"! What are the methods and approaches for enterprises to pay work-related injury insurance premiums for retirees?
II. For migrant workers who have exceeded the legal retirement age and suffer work-related injuries or deaths, the relevant provisions of the Regulations on Work-Related Injury Insurance shall apply for the determination of such injuries as work-related accidents. This approach is based on the reply issued by the Administrative Tribunal of the Supreme People’s Court in response to a query regarding whether these regulations should be applied to migrant workers who have exceeded the legal retirement age and suffer work-related injuries or deaths (Document No. Xingta Zi 10). In that reply, the Supreme People’s Court held that migrant workers employed by employers and who have exceeded the legal retirement age, and who suffer injuries or deaths during working hours due to work-related reasons, should be subject to the relevant provisions of the Regulations on Work-Related Injury Insurance for the determination of their injuries as work-related accidents.
III. During the period when retirees are employed, if they suffer injuries at work, such cases can be handled through civil litigation, with treatment following the provisions related to work-related injury insurance. This approach stems from the reply issued by the Legal Affairs Office of the State Council to a request regarding whether retirees who re-enter the labor force are entitled to work-related injury insurance benefits (Reply No. 310). In that reply, the Legal Affairs Office of the State Council stated that current laws and administrative regulations do not provide clear guidelines on how to handle work-related injuries incurred by retirees after they resume working. We believe that it should be handled in accordance with the provisions of the **Notice Forwarded by the General Office of the Central Committee** (Document No. 9 issued by the General Office). The notice stipulates: \"During the period when retired professional and technical personnel are employed, if they suffer work-related injuries, the employing unit shall handle such cases appropriately in accordance with the relevant provisions regarding work-related injury insurance.\" ； Disputes arising from occupational injuries at work with the employer can be resolved through civil litigation. "
IV. Those who are already entitled to pension benefits or receive a retirement pension under the law cannot have their work-related injuries recognized as such. Article 7 of the \"Interpretations of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III)\」 stipulates that when a dispute arises between an employer and an employee who is already entitled to pension benefits or receives a retirement pension under the law, and such dispute is brought before a court, the court shall treat it as a labor service relationship. Although this regulation is not intended for the recognition of work-related injuries, the logic is clear: since it is treated as a labor service relationship, the social security authorities will naturally not recognize it as a work-related injury.