Document No. 62: Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the “Regulations on Work-Related Injury Insurance” (Part III) marks a major shift in how China defines a “work accident,” while also imposing tighter compliance duties on employers under the existing Work Injury Insurance Regulation.
The new rules significantly expand coverage to include many everyday, real‑world scenarios that previously fell into a grey area. At its core, the policy emphasizes that when an activity directly supports job needs—or takes place within a reasonable time, location, or route connected to work—any resulting accident is far more likely to be recognized as a work injury.
Working Time and Workplace
Working time is now interpreted broadly. It covers not only the hours specified in an employment contract but also time that is effectively required for work—such as duty rosters, shift schedules, and informal overtime that clearly serves the employer’s interests.
Workplace is defined in functional terms. It includes any location where work tasks are actually performed or where the employer exercises effective management. This extends naturally to external or mobile locations such as customer premises, field‑work points, and construction sites.
Commuting via a “Reasonable Route” within a “Reasonable Time”
Accidents occurring during the commute are now expressly covered, with the regulation offering a more realistic catalogue of what counts as a reasonable route between home and the workplace. The broadened concepts of “reasonable route” and “reasonable time” are intended to capture modern commuting patterns and common family responsibilities — though some boundary issues remain.
Covered scenarios include:
- Standard commutes between home and the workplace using a reasonable route and within a reasonable time window.
- Necessary detours for everyday living or family needs, so long as the deviation remains objectively reasonable in distance and time, for example, dropping off or picking up a child from school on the way to work.
- Business‑related travel, including employer‑approved business trips and travel between multiple work locations, client sites, field‑work points, or construction sites.
The policy also clarifies that accidents occurring during short work-related errands—such as stepping out briefly to purchase office supplies, deliver documents, or perform other designated tasks—should be treated as work injuries. The same applies to brief movements within or between buildings (for example, walking from the office to a nearby meeting venue, canteen, or dormitory) when they are reasonably connected to work or to necessary activities during work hours or business travel.
Overtime, Flexible Work, and Remote Work
Work accidents may now be recognized in a wider range of work‑time and work‑location scenarios:
- De facto overtime is covered when the employer knows about it or clearly benefits from it, even if not formally approved in advance.
- Work at external or changing locations—such as customer premises, project sites, off‑site offices, or other field‑work points—is included whenever the employee is performing assigned duties.
- Home‑office or remote‑work situations may qualify when the employee is carrying out assigned tasks at a time and place the employer has permitted or can effectively supervise.
Subcontractors, Dispatch, and Atypical Employment
Work‑injury protection can apply even where there is no formally valid employment relationship with the legally “qualified” employer. This includes cases involving unauthorized subcontracting chains or unlicensed third‑party staffing arrangements.
The focus shifts to the actual labor relationship, not the contract paperwork. As a result, it becomes more difficult for companies to push occupational‑safety or social‑security risks onto outsourcing partners or staffing intermediaries.
Overall Impact and Recommended Employer Actions
Although the regulations aim to be more employee‑centered, they also increase employers’ liability exposure. Organizations should reassess their internal systems, work arrangements, and compliance controls.
Document No. 62 modernizes and expands the protection framework, particularly for overtime, mobile work, home‑office arrangements, and complex commuting patterns. At the same time, it requires employers to adopt more proactive management of working hours, work locations, and personnel deployment.
Below are key areas where employers should take action:
Working Time, Overtime, and Records
Because “working time” now includes de facto required hours and informal overtime:
- Employers must tighten time‑recording, overtime‑approval processes, and internal policies to ensure that documented hours reflect actual work.
- “Unrecorded” or “voluntary” overtime that benefits the employer is more likely to be treated as on‑duty, increasing the likelihood that accidents during these periods will be recognized as work injuries.
Workplace, Remote Work, and Safety Obligations
The functional definition of “workplace” now extends to all locations where employees realistically perform duties—including external sites and mobile work scenarios. Employers should:
- Expand occupational‑safety management, training, and supervision to all such environments.
- Conduct risk assessments, create written procedures for home office setups, and coordinate with host sites or clients to demonstrate compliance beyond the company’s physical premises.
Commuting Routes and Internal Procedures
Broader recognition of commuting accidents means more incidents may fall within the work‑injury system. Employers should:
- Establish clear internal rules on commuting declarations, routes, and reporting.
- Strengthen HR procedures for evidence collection—including route descriptions, timing, and police reports—to support claims handling and insurer communication.
Subcontractors, Dispatch, and HR Structuring
Because liability may attach to the party that is the actual employer in substance, organizations using complex labor‑supply models should:
- Review subcontracting, staffing, and secondment arrangements to determine whether they are effectively exercising employer control.
- Ensure that work‑injury insurance coverage is in place for all workers under their management, closing any gaps where no party bears clear responsibility.
Claims Handling, Documentation, and Training
With expanded recognition of consequential medical conditions and increased reliance on external agency findings (such as traffic‑police reports):
- Fast reporting and completing documentation have become more important than ever.
- Employers should train managers and employees on what now qualifies as a work accident, how to report it, and how to preserve evidence to reduce disputes and avoid penalties for non‑compliance.
Consequential Damage and Evidentiary Issues
Consequential Medical Injuries
Complications or additional injuries that arise during the medical treatment of a recognized work accident—such as surgical complications, adverse reactions, or issues occurring during rehabilitation—are treated as part of the original work injury, not as a separate incident. Civil disputes with the treating hospital, if any, are handled independently and do not affect work‑injury insurance coverage.
Traffic‑Accident Evidence and Recognition
For work‑related traffic accidents, recognition depends heavily on official findings issued by the traffic police or by a court. If such evidence is incomplete, delayed, or unfavorable, the accident may fail to qualify as a work injury. This makes timely reporting, documentation, and collection of official records a critical compliance obligation for employers.
Expanded Scope of Treatment‑Related Situations
The policy reinforces that injuries or complications occurring in the course of treating a previously recognized work accident remain within the work‑injury insurance system. This includes issues arising from surgery, hospitalization, rehabilitation, or other necessary care directly related to the original injury.
Looking for case‑specific support?
Navigating China’s evolving work‑injury framework can be complex, especially when overtime practices, flexible work arrangements, or subcontractor relationships are involved. Our HR team provides case‑specific advisory support, from risk assessments and policy audits to handling difficult recognition disputes and insurer communications. We also offer employee handbook reviews and drafting services to help ensure your internal rules, procedures, and documentation align with the latest regulatory expectations. If your organization needs practical, compliant, and defensible solutions, our specialists are ready to assist.
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