A Study On The Legal System Of Occupational Injury Protection For Teleworkers

With the vigorous development of modern electronic information technology,remote working mode provides diversified options for workers to get away from the traditional fixed workplace.After the outbreak of the novel coronavirus pneumonia in2020,remote working mode has been adopted by most employers,and has been continued in some enterprises instead of the traditional working mode.However,the development of new things often has two sides.The current law cannot be applied because of the transformation of work scenes,among which the most prominent problem is the protection of occupational injury for remote practitioners.There are two difficulties in the protection of occupational injury for remote practitioners,namely,the prevention and identification of occupational injury.On the one hand,the dilemma of occupational injury prevention includes: 1.the conflict between the exercise of the right of safety inspection and the right of privacy;2.The employer’s responsibility for production safety is not standardized,and the cooperation obligation of remote practitioners is not clear;3.Working hours are difficult to monitor and enforce.On the other hand,the identification of occupational injury dilemma: 1."labor relations" as the identification of occupational injury as the prerequisite is too harsh;2.The "three jobs" factor in the Industrial Injury Insurance Regulations is difficult to apply to the remote work mode;3.The identification of occupational diseases in remote work is too limited;4.Unbalanced distribution of burden of proof between "labor and employment".The following suggestions are put forward for the prevention of occupational injury: 1.the exercise subject,condition and scope of the right of safety inspection should be clarified;2.Standardize the responsibility of "employer" for production safety and clarify the cooperation obligations of "employee";3.add "off-line right" to prevent overwork.In view of the identification of occupational injury,the following suggestions are put forward: 1.Replace labor relations with employment relations as the premise of occupational injury identification;2.Determine reasonable working hours,clarify the rules for identifying work reasons,reasonably identify commuting accident injuries,and shift from strictly applying "three work" factors to focusing on work relevance;3.Expand the range of occupational diseases catalogue and clarify the identification criteria of mental diseases;4.improve the burden of proof allocation.Through the improvement of the link of occupational injury prevention and identification,we hope to establish and perfect the occupational injury protection system for remote practitioners,so as to build a harmonious and stable new working mode.