Snow in Shanghai: slipping while going to office are work injuries?
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Shanghai is an incredible city, famous for several things, but snow is definitely not one of them! As it isn’t that usual to see snow falling in the city, many people have been very excited when encountering the heavy snow this week. However, due to the slippery surface on the ground, the chance of falling in the street has increased sharply, especially during rush hours, as it is even easier to fall down when people are rushing around in a hurry. Therefore, with the present article we will discuss about whether accidentally falling while commuting to work shall be considered as a work-related injury.
In accordance with Article 14.6 of Regulations on Work-Related Injury Insurance, where the employee is injured in a traffic accident for which he is not principally responsible or in a city rail transit, passenger ferry or train accident while commuting to work, the injury shall be verified as a work-related injury. Hence, only under the circumstances compliant with the aforementioned situations, injuries while commuting to work are considered as work-related injury. In order to further understand the regulation, let’s examine the following two cases:
Case I: Ms. Wang fell down and broke her leg while walking to the metro station on her way to work. However, in accordance with the Laws and regulations, if the employee falls down by himself/herself, it shall not be considered as a work-related injury because it’s not a “traffic accident” as described in Regulations on Work-Related Injury Insurance, even though it happens while commuting to work.
Case II: Mr. Zhang rode a bike to work, unfortunately, he was hit by a car and the driver of the car was the principally responsible person for the accident. Under this circumstance, his injury shall be considered as a work-related injury. Please, pay attention to what is following: in accordance with Provisions of the Supreme People’s Court on Several Issues concerning Trial of Administrative Cases Relating to Work-related Injury Insurance, the identification of accident responsibility and conclusive results issued by the relevant authority shall be the basis. Therefore, it is highly recommended to call and report to the police and carefully reserve relevant documentations in this case. For more information, contact us via info@dandreapartners.com
Provisions of the New Company Law on the Dismissal and Resignation of Directors China’s new Company Law, which will come into effect on July 1, 2024, creates the following systems for the dismissal and resignation of directors: first, the shareholders’ meeting may resolve to dismiss a director, but if a director is dismissed before the
The new Company Law was amended and passed on December 29, 2023, and will come into effect on July 1, 2024. The new law shortens the deadline for subscribed capital contributions, allowing companies to adjust their registered capital according to their operational conditions. This article starts by focusing on the key provisions of the new
On March 22, 2024, the Cyberspace Administration of China officially announced the Regulations on Facilitating and Regulating Cross-border Data Flow (“Regulations”) and took effect upon the date of announcement. According to the previous regulatory requirements for data outbound transfer, there are three main methods for data outbound transfer: security assessment, standard contract, and protection certification.
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To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
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The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
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The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.