A Study On Occupational Injury Protection System Of Remote Workers

With the COVID-19 pandemic in 2020,telecommuting has become a more common way of working because of its many advantages.However,since remote work is widely adopted,the problem of occupational injury protection is also concentrated.In the remote work situation,the change of work scene makes it difficult to apply the provisions under the traditional work form.The special problem is the prevention measures and identification standards of occupational injury,so we should focus on the prevention in advance and identification after the two aspects in order to achieve the goal of protection.Based on the basic theory of occupational injury protection for remote workers,this paper discusses the theoretical basis of occupational injury protection for remote workers by clarifying the concept,characteristics and classification of remote workers.Telecommuters work flexible hours,use information technology to do their work outside the traditional workplace,and work from a flexible location.In practice,there are various types of classification of remote workers,including those who have established labor relations and those who have not.The occupational injury protection system is established in view of the possible occupational injury faced by employees in the new form of business.The legitimacy and necessity of occupational injury protection for remote workers lies in the existence of economic and technical dependency between them and employers.However,there is no legislation on occupational injury protection for teleworkers and teleworkers in China.In judicial practice,such cases will often become difficult cases once they happen,and it is difficult to find a balance between jurisprudence and reason in the application of law.The dilemmas can be divided into prevention dilemmas and identification dilemmas.Prevention dilemmas include lack of objective conditions for safety inspection,unclear obligations of both "workers and employers" to prevent occupational injury risks,and long working hours easily cause overwork.The identification dilemma includes the identification difficulty of "three workers" factors,the special occupational disease risk,the traditional burden of proof allocation rules,etc.Based on China’s national conditions,it is advisable to solve the dilemma of occupational injury protection for remote workers from two aspects:prevention and identification.In the aspect of prevention,it is necessary to standardize the exercise of the right of safety inspection,clarify the occupational safety and health standards,clarify the prevention obligations of employers and practitioners,and set up "off-line right" to prevent overwork.In terms of identification,for the improvement of the identification elements of occupational injury,the "three-work" elements should be explained in accordance with the remote working situation under the current system background,but in the long run,it should break the shackles of "three-work" elements and turn to work relevance as the core;In the identification of occupational diseases,the scope of physiological occupational diseases should be appropriately expanded and the identification standard of occupational injuries of psychological diseases should be clarified.At the same time,improve the burden of proof rules for the identification of occupational injuries in remote work,and make fair adjustments to the traditional burden of proof rules on the basis of clarifying the management system of remote work.In order to improve the system of occupational injury protection for remote workers in China,we should attach equal importance to various measures.