[introduction] case

  Party A is a Shanghai clothing industrial workers, working hours every day from 8:30 to 17:00. One day at about 14, a left work early private affairs, also not to leave the unit related personnel. After leaving work place, a party in a motor vehicle accident on the way, leading to fractures of multiple. After the event, because the unit does not agree to Party A according to inductrial injury treatment, then to the district labor and Social Security Bureau for ascertainment of a work-related injury.

[Case analysis]
  "" industrial injury insurance regulations of article fourteenth (six) provision of "work" refers to the arrangement of unit of rules and regulations of the normal working hours. In this case, both parties shall be in normal working hours in the afternoon 17 when the fact without dispute, some also admitted that day to leave the unit not to the relevant managers asked for leave. We can confirm a day at work without leave work early fact. Units to formulate rules and regulations, shall comply with the provisions of workers, or workers are likely to bear the corresponding responsibility. A time at work without leave approval clothing company, this time from the day's work time is three hours, it does not conform to the normal work situation, motor vehicle injury resulting from it should not be identified as work-related injuries.

LawyerRemind]

    The problem about employee commutes have suffered harm, "" industrial injury insurance regulations of work-related injury insurance for enterprise employees than the original trial measures "did more lenient provisions, but does not have unlimited conclusion can be drawn. Workers commuting time still to be restricted in a reasonable scope, the unit in accordance with the rules and regulations, in order to achieve the effective management of work order, the employee shall strictly comply with labor law, which is the inevitable requirement of personal membership. In conclusion, both to protecting the legitimate rights and interests of workers, but also to the appropriate balance between the employer legally effective system, unified social effects and legal effect.

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