Participating In Company Leisure Activities Is Not A Job.

Employees who died in the 48 hours after returning home due to physical discomfort after taking part in the company's mid autumn barbecue, should they be injured? Should the company bear the responsibility? Recently, the court of Suzhou District of Suzhou, Jiangsu province has heard such an administrative case. The family of the deceased Xiao Wang will make a decision of the Suzhou Municipal Bureau of human resources and social security, which has not been identified as a work-related injury.

Xiao Wang is an employee of a company in Suzhou. In September 2015, Xiao Wang signed up for the mid autumn barbecue organized by the company in an ecological park.

Around 11 o'clock on the day, Xiao Wang felt ill and left the bus first. He returned to the unit and took the battery car and left the unit at 12:30.

After being found unconscious by his family, Xiao Wang was taken to the hospital at 7:30 in the evening. After being diagnosed by the hospital, Xiao Wang died before he was sent to hospital.

Later, Xiao Wang's company declared a work-related injury for Xiao Wang. After investigation and verification, the Suzhou Municipal Bureau of human resources and social security decided to make a work-related injury in October of the same year, and decided that Xiao Wang's death was not regarded as a work-related injury.

Xiao Wang's family refused to accept the application for administrative reconsideration to the Suzhou Municipal People's government. The reconsideration machine made a reconsideration decision at the beginning of this year to maintain the specific administrative action.

Xiao Wang's family refused to accept the case and filed an administrative lawsuit against the court of the Suzhou District.

According to the court's trial, according to the article 1, paragraph 1 (1) of the regulations on industrial injury insurance, the death of a sudden illness or death within 48 hours during the working hours and jobs is regarded as a work-related injury.

Xiao Wang was diagnosed with pre hospital death as a result of coma and sent to hospital for emergency treatment.

It is not improper for the defendant to make a judgment that he did not consider the injury as a result of the review.

The plaintiff will take Xiao Wang to attend activities as normal attendance, which is inconsistent with the provisions of the "working hours and working posts" law.

In summary, the court believes that the decision made by the Bureau of industrial injury is clear, the evidence is clear, the procedure is legal, and the laws and regulations are correct.

The plaintiff's claim for revocation of specific administrative action is not supported by the court.

Case interpretation

Participating in company leisure activities is not a job.

According to the judge, the controversy is whether the death of King Wang is in line with the situation.

Article fifteenth, paragraph 1 (1).

The rule of occupational injury does not limit the types and causes of diseases that lead to the death of workers, but emphasizes that diseases must occur at specific time and place, i.e. in working hours and at work.

The working hours here refer to the provision of employees for employers.

And the position refers to the position and location specified by the employer in order to complete the work tasks.

Xiao Wang, a worker who died in this case, went home for a rest because of his physical discomfort during the mid autumn barbecue organized by the employing unit. He was found unconscious at home and sent to hospital for emergency treatment to be diagnosed as pre hospital death.

In its nature, the mid autumn barbecue belongs to the entertainment and leisure activities organized by the employing units without assigning staff to complete their work tasks.

There is no correlation between performing job duties, completing tasks or complying with the matters directly related to the work arranged by the employer. Workers' participation in the activity does not belong to "working hours and jobs".

At the same time, the rule of the same work injury requires death in the hours of work and sudden death or immediate rescue within 48 hours, so the court made the decision.