Research On Occupational Injury Protection For Remote Office Practitioners

With the outbreak of the new crown pneumonia epidemic around the world,new labor models such as remote work have brought with it judicial practice disputes encountered in the application of labor laws and related laws and regulations in this emerging employment model,and the determination of work-related injuries in the remote work employment model is an important part of the protection of workers’labor rights and interests.This has brought great impact and challenges to the field of labor law in China and the world,highlighted by the fact that although remote work is not the mainstream employment model from the current labor market relationship,according to statistical data,the industry fields and occupational scope involved in remote work will continue to expand,and the occupational risk changes brought about by it are also increasing.Therefore,occupational safety in the new employment model should become a key point in improving the labor law rule of law system,adhere to the protection of workers’ legitimate labor rights and interests,and respond positively to the problems and challenges brought by economic and social development.Based on a large number of first-hand foreigh language literature,this paper starts from the concept of remote work and practitioners,focuses on the rights and interests of occupational injury protection of practitioners under the remote work mode,summarizes and analyzes the dilemma of the existing system,and provides a directional exploration on the establishment of occupational injury system based on the actual situation in China,and on the premise of reasonably absorbing and learning from relevant foreign legislation and judicial experience.First,with the development of economy and digital technology,remote office practitioners have a considerable scale,and many regions outside the region have gradually protected the labor rights and interests of these employees through legal channels,but China’s legislation and justice have not yet responded to the occupational injury protection of remote office practitioners.Second,at present China’s current labor legal framework still has the vitality of application after revision and interpretation,and the remote office employment mode can be regulated by formulating administrative regulations or subordinate laws,starting from the two fields of prevention and identification of occupational injuries of remote office practitioners.Third,put forward and improve the rules for the practice of health protection rights of remote office practitioners,including expanding the scope of protection objects,clarifying the content of rights protection,and improving rights supervision and inspection procedures;Propose and improve the offline right system for remote office practitioners to ensure their basic rights and interests such as the right to rest and the right to health;It is proposed to improve the rules for determining the legal nature of remote office practitioners,including introducing technical subordinate attributes,revising the scope of recognition of "three workers",and expanding the scope of recognition of occupational diseases.As a theoretical attempt and path selection for the occupational injury protection system for remote office practitioners,the above suggestions are based on the development context of the theory of rights,horizontally compare the principles and rules of occupational injury protection rights of employees and workers outside the region,compare and analyze the construction and improvement of China’s occupational injury security system,discuss and summarize the occupational injury security system from the perspective of rights theory,and study the value choices that should be held for the establishment of occupational injury security system under the guidance of the principle of distributive justice.On this basis,the directional idea of constructing an occupational injury security system is proposed.