Who knows the specifics of the new labor law?

Legal Analysis:1This Law is enacted in accordance with the Constitution in order to protect the legitimate rights and interests of laborers, adjust labor relations, establish and maintain a labor system suited to the socialist market economy, and promote economic development and social progress.

2.This Law shall apply to enterprises and individual economic organizations within the territory of the People's Republic of China and workers who have formed labor relations with them. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Work-related injuries refer to injuries caused by adverse factors and occupational diseases suffered by workers when they are engaged in occupational activities or activities related to occupational activities. It is also known as industrial injury, occupational injury, industrial injury, and work injury.

Work-related injury compensation standards, also known as work-related injury insurance treatment standards. It refers to the compensation items and standards that employees who are injured at work and the relatives of employees who have died at work shall enjoy in accordance with the law. If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in the Regulations on Work-related Injury Insurance.

So, what are the criteria for determining work-related injuries stipulated in the Labor Law?

1) Being injured in an accident during working hours and in the workplace due to work-related reasons.

"Working hours" here refers to the time prescribed by law or required by the employer to work, if the employer has special requirements for the working hours of its employees under the premise of legality, the time determined by the employer is the working time, and the time due to work-related injuries during this time period can be recognized as work-related injuries, and "work-related injuries" are injuries directly or indirectly caused by work.

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours.

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties. That is, when an accident is injured, as long as it is determined to be work-related, it should be recognized as a work-related injury; For example, the fire in the factory area, the collapse of the workshop building and the injury caused by the unsafe facilities of the unit.

4) Suffering from occupational diseases.

Occupational diseases refer to diseases caused by exposure to dust, radioactive substances and other toxic and harmful substances in the occupational activities of workers in enterprises, public institutions and individual economic organizations (hereinafter referred to as employers). Generally, it includes occupational poisoning, pneumoconiosis, physical factors occupational diseases, occupational infectious diseases, occupational diseases, occupational eye diseases, occupational ear, nose and throat diseases, occupational tumors and other occupational diseases.

5) During the period of going out for work, they are injured due to work reasons or their whereabouts are unknown in an accident.

Going out for work here refers to the fact that the employee is not within the scope of work of the unit and is assigned by the leader to work outside the unit due to work needs. Going out here has two meanings: one refers to going outside the unit, but still within the local scope; The second refers to not only leaving the unit but also going to other places.

Work-related injuries refer to injuries that are directly or indirectly caused by work-related reasons, including accident injuries, violent injuries, and other forms of injury.

6) Injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work.

It should be noted that although an employee does not work in his or her post, if the employee is injured due to imperfect facilities and equipment of the unit, poor working conditions or working environment, poor management, etc., it shall also be recognized as a work-related injury. For example, if an employee is scalded by boiling water in the process of turning on the water due to the insecure installation of the boiling water pipe in the boiler room of the unit, such injury should be recognized as a work-related injury.

Legal analysis: Employees must not work more than 8 hours per day and 44 hours per week. If the number of hours exceeds 8 hours, 150% of the employee's usual salary shall be paid as overtime remuneration, and the maximum overtime work per day shall not exceed 3 hours.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, and generally shall not exceed one hour per day, and if it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours per day under the condition of ensuring the health of the workers, but shall not exceed thirty-six hours per month.

Article 44 Under any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages, 2) if the workers are arranged to work on rest days and cannot be compensatorily off, they shall be paid wages and remunerations of not less than 200 percent of the wages, and 3) if the workers are arranged to work on statutory holidays, they shall be paid wages and remunerations of not less than 300 percent of the wages.

Labor law can be divided into three main parts, namely, the Labor Standards Act (wages, working hours, etc.), the Labor Coordination Act (labor contracts), and labor insurance. From the perspective of the specific composition of the labor law, it includes 13 chapters: General Provisions, Promotion of Employment, Labor Contracts and Collective Contracts, Working Hours, Rest and Vacation, Wages, Labor Safety and Health, Special Protection for Female Employees and Juvenile Workers, Vocational Training, Social Insurance and Welfare, Labor Disputes, Supervision and Inspection, Legal Liability, and Supplementary Provisions.