Summary
本期摘要
新規速遞：人社部、衛健委出臺《勞動能力鑒定管理辦法》，七部門聯合發布《共同保障勞動者合法權益工作指引》
Snapshot of New Regulations: MOHRSS and the Health Commission Issued the Administrative Measures of Work Capacity Assessment; Seven Departments Jointly Released the Guidelines for Jointly Safeguarding the Legitimate Rights and Interests of Employees
新規速遞：北京市出臺《用人單位崗位補貼和社會保險補貼經辦規程（試行）》，湖北省人社廳、省總工會及婦聯發布推行“媽媽崗”就業模式促進婦女就業的通知
Snapshot of New Regulations: Beijing Issued the Operating Procedures for Employer Post Subsidies and Social Insurance Subsidies (Trial); Hubei Province’s Human Resources and Social Security Department, Provincial Federation of Trade Unions and Women’s Federation Jointly Released the Notice on Promoting Women's Employment by Implementing the “Mom-friendly Job” Employment Model
典型案例：人民法院案例庫新增工傷糾紛相關案例
Exploration of Typical Cases: New Cases Related to Work-Related Injury Disputes Added to the People's Court Case Database
典型案例：北京市第三中級人民法院發布勞動爭議糾紛典型案例、北京金融法院發布新業態保險糾紛典型案例
Exploration of Typical Cases: Beijing Third Intermediate People’s Court Released Typical Labor Dispute Cases; Beijing Financial Court Released Typical Cases of Insurance Disputes in New Work Forms
典型案例：上海市發布《勞動人事爭議多元化解工作白皮書》
Exploration of Typical Cases: Shanghai Released the White Paper on the Diversified Resolution of Labor and Personnel Disputes
一、典型案例：新規速遞：人社部、衛健委出臺《勞動能力鑒定管理辦法》，七部門聯合發布《共同保障勞動者合法權益工作指引》
1. 人社部、衛健委出臺《勞動能力鑒定管理辦法》
MOHRSS and the Health Commission Issued Administrative Measures of Work Capacity Assessment
2025年5月13日，人力資源社會保障部（“人社部”）、國家衛生健康委出臺《勞動能力鑒定管理辦法》（“《辦法》”），對工傷職工、因病或非因工致殘人員勞動能力鑒定進行統籌規范。《辦法》于2025年7月1日生效。《辦法》施行后，《工傷職工勞動能力鑒定管理辦法》失效。
On May 13, 2025, the Ministry of Human Resources and Social Security (the “MOHRSS”) and the National Health Commission Issued Administrative Measures of Work Capacity Assessment (the “Measures”). The Measures comprehensively regulates the labor capacity assessment of work-related injured employees, and those disabled due to illness or non-work-related injuries. The Measures comes into force on July 1, 2025. Upon the implementation of the Measures, the Administrative Measures for Work Capacity Assessment of Work-Related Injured Employees shall be repealed.
2025年5月20日，全國總工會、最高人民法院、最高人民檢察院、司法部、人力資源社會保障部、中華全國工商業聯合會、中國企業聯合會/中國企業家協會七個部門聯合印發《共同保障勞動者合法權益工作指引》（“《工作指引》”）。
On May 20, 2025, seven departments, namely the All-China Federation of Trade Unions, the Supreme People’s Court, the Supreme People's Procuratorate, the Ministry of Justice, the MOHRSS, the All-China Federation of Industry and Commerce, and the China Enterprise Confederation/China Enterprise Directors Association, jointly released the Guidelines for Jointly Safeguarding the Legitimate Rights and Interests of Employees (the “Guidelines”).
《工作指引》明確了各部門在保障勞動者方面的協作機制和具體職責，強調將聯合建立完善信息共享、聯合調研、典型案例發布等制度；聯合推動與勞動者權益密切相關的法律法規及政策文件的制定修改；并根據職能分工及時提供勞動法律政策咨詢、法律援助等法律服務。
The Guidelines clarifies the cooperation mechanism and specific responsibilities of various departments in safeguarding employees' rights and interests, emphasizing that they will jointly establish and improve systems such as information sharing, joint research, and release of typical cases; jointly promote the formulation and revision of laws, regulations and policy documents closely related to employees' rights and interests; and, in accordance with their functional divisions, promptly provide legal services such as labor legal policy consultation and legal aid.
二、新規速遞：北京市出臺《用人單位崗位補貼和社會保險補貼經辦規程（試行）》，湖北省人社廳、省總工會及婦聯發布推行“媽媽崗”就業模式促進婦女就業的通知
Beijing Issued the Operating Procedures for Employer Post Subsidies and Social Insurance Subsidies (Trial)
2025年6月13日，為規范用人單位崗位補貼和社會保險補貼的申請、審核、支付和監督等事項，北京市人力資源與社會保障局發布《用人單位崗位補貼和社會保險補貼經辦規程（試行）》（“《補貼規程》”）。
On June 13, 2025, to standardize the application, review, payment and supervision of employer post subsidies and social insurance subsidies, the Beijing Municipal Human Resources and Social Security Bureau issued the Operating Procedures for Employer Post Subsidies and Social Insurance Subsidies (Trial) (the “Subsidy Procedures”).
《補貼規程》規定，如果用人單位招用19類人員，包括年滿40周歲的女性就業困難人員和年滿50周歲的男性就業困難人員、登記失業一年以上人員、低保人員、特定地區的農村勞動力等，可申請相應補貼。用人單位享受補貼的前提是，需與補貼對象依法簽訂一年及以上期限勞動合同（勞務派遣單位與派遣員工需簽訂兩年及以上期限勞動合同），按規定繳納職工社會保險，并按月足額發放不低于當年北京市職工最低工資標準1.2倍的工資。補貼資金將由區社保財務部門發放至用人單位。
The Subsidy Procedures stipulates that employers can apply for corresponding subsidies when hiring personnel falling within 19 specified categories, including: female unemployed persons aged 40 or above, male unemployed persons aged 50 or above, persons registered as unemployed for more than one year, persons receiving subsistence allowances, rural employees from specific areas, etc. The prerequisite for employers to enjoy the subsidies is that they shall sign a labor contract with the subsidy recipients for a term of one year or more in accordance with the law (labor dispatching enterprises and dispatched employees shall sign a labor contract for a term of two years or more), pay employee social insurance in accordance with regulations, and pay monthly wages not lower than 1.2 times the Beijing municipal minimum wage standard for the current year in full and on time. The subsidy funds will be issued to the employer by the district social security financial department.
2. 湖北省人社廳、省總工會及婦聯發布推行“媽媽崗”就業模式促進婦女就業的通知
The Human Resources and Social Security Department, the Provincial Federation of Trade Unions and the Women’s Federation of Hubei Province Released the Notice on Promoting Women's Employment by Implementing the “Mom-friendly Job” Employment Model
2025年5月28日，湖北省人社廳、省總工會及省婦聯聯合發布《關于推行“媽媽崗”就業模式促進婦女就業的通知》（“《通知》”），對于熱點話題“媽媽崗”提出了指導意見。
On May 28, 2025, the Human Resources and Social Security Department, the Provincial Federation of Trade Unions and the Provincial Women's Federation of Hubei Province jointly released the Notice on Promoting Women's Employment by Implementing the “Mom-friendly Job” Employment Model (the “Notice”), which put forward guiding opinions on the hot topic of “Mom-friendly Job”.
《通知》提出開發設置“媽媽崗”。“媽媽崗”是指能夠吸納法定勞動年齡內對12周歲以下兒童負有撫養義務的婦女就業，工作時間、管理模式相對靈活，方便兼顧工作和育兒的就業崗位。《通知》倡導探索對“媽媽崗”設置靈活的彈性工作制，并合理設置非全日制崗位。《通知》提出可以對于安置育兒婦女數量多的企業配備人社服務專員，主動提供招用工服務，并提供和落實各類惠企補貼政策。
The Notice proposes to develop and set up “Mom-friendly Jobs”, which refer to the employment positions that can absorb women within the statutory working age who have the obligation to raise children under 12 years old, with relatively flexible working hours and management models, facilitating the balance between work and child care. The Notice advocates exploring the establishment of a flexible working system for “Mom-friendly Jobs” and reasonably setting up part-time positions. The Notice proposes that enterprises that employ a large number of women with children can be assigned human resources service specialists to actively provide recruitment services, and provide and implement various enterprise-benefiting subsidy policies.
三、典型案例：人民法院案例庫新增工傷糾紛典型案例
2025年6月19日、6月24日，人民法院案例庫陸續新增4起工傷糾紛典型案例，其中2個案例與工傷認定相關，2個案例與給付工傷保險金相關，體現了如下裁審觀點：
On June 19 and June 24, 2025, 4 new typical cases of work-related injury disputes were added to the People's Court Case Database, among which 2 cases are related to the determination of work-related injuries and 2 cases are related to the payment of work-related injury insurance benefits, showing the following judicial views:
1. 對于工傷認定中的“上下班途中受到職工非本人主要責任的交通事故”問題，應結合事故發生時間、事故發生地點等實際情況綜合認定，《交通事故責任書》不是認定工傷的必備要件或唯一要件，公安機關管理部門沒有作出《交通事故責任書》或客觀原因無法作出事故責任認定時，社保部門可以針對是否為“非本人主要責任”的事實進行調查核實，確切保障職工的合法權益。
Regarding the issue of “a traffic accident occurring on the way to or from work where the employee is not primarily responsible” in the determination of work-related injuries, it should be comprehensively determined based on the actual circumstances such as the time and location of the accident. The Traffic Accident Responsibility Identification Letter is not an essential or the only element when determining a work-related injury. When the public security management department has not issued a Traffic Accident Responsibility Identification Letter or cannot issue a liability identification due to objective reasons, the social security department can investigate and verify the fact of whether it is “not the employee’s primary responsibility” to effectively protect the legitimate rights and interests of employees.
2. 職工在工作時間和工作崗位突發疾病，未送醫院搶救，發病后48小時內死亡的，應結合發病原因、未及時就醫事由、救治過程等證據綜合考量應否認定“視同工傷”。職工因連續工作導致身體不適，雖未徑直送醫，但48小時內搶救無效死亡的，應當認定為“視同工傷”。
If an employee suffers sudden illness during working hours and at the workplace, without sent to the hospital for rescue, and dies within 48 hours after the onset of the illness, whether such death shall “be deemed a work-related injury” should be comprehensively considered based on evidence such as the cause of the illness, the reason for not seeking medical treatment in a timely manner, and the treatment process. If an employee becomes unwell due to continuous work, and dies within 48 hours despite not being directly sent to the hospital, it should be “deemed as a work-related injury”.
3. 冒用他人身份的職工已與用人單位建立真實勞動關系，且用人單位以被冒用人身份為該職工參保并按時足額繳納保費，該職工屬于工傷保險法律保護的職工。社會保險行政部門已對職工依法認定工傷后，用人單位有權向經辦機構申請核定工傷保險待遇、支付工傷保險費用。在已認定職工工亡的情形下，職工遺屬有權要求工傷管理部門依法核定支付工傷保險待遇。
If an employee who uses another person's identity has established a real labor relationship with the employer, and the employer has insured the employee under the identity of the person whose identity was used and paid premiums in full and on time, such an employee is protected by the work-related injury insurance law. After the social insurance administrative department has legally identified the employee’s work-related injury, the employer has the right to apply to the agency for the verification of work-related injury insurance benefits and the payment of work-related injury insurance expenses. In the case where the employee has been identified as work-related death, the employee's dependents shall have the right to request the work-related injury management department to legally verify and pay the work-related injury insurance benefits.
四、典型案例：北京市第三中級人民法院發布勞動爭議糾紛典型案例、北京金融法院發布新業態保險糾紛典型案例
On May 13, 2025, the Beijing Third Intermediate People’s Court held a press conference on “Hearing of Cases on Constructing Harmonious Labor Relationship and Involving Employees’ Rest and Leave” and released typical cases involving the right to rest and leave, covering hot issues such as overtime work, annual leave, sick leave, paternity leave, and parental leave. Among them, Case 1 and Case 5 are worthy of attention, showing the following judicial views of the courts in Beijing:
案例一中，員工勞動合同約定為加班審批制，用人單位主張員工從未提交過加班申請，法院綜合考慮新業態行業性質、員工崗位特點以及工作任務的周期性，確認存在加班事實，認定用人單位應向勞動者酌情支付加班工資。
In Case 1, the employee’s labor contract stipulated an overtime approval system, and the employer claimed that the employee had never submitted an overtime application. The court comprehensively considered the nature of the new work forms, the characteristics of the employee’s position, and the periodicity of work tasks, then confirmed the existence of overtime work and ruled that the employer should pay the employee overtime wages as appropriate.
案例五中，員工向用人單位發送正當休假請求，用人單位拒絕并誘導員工離職的，不能認定為員工主動辭職，法院綜合考慮雙方實際履行離職流程和過往溝通情況等事實，認定雙方系協商一致解除勞動合同。
In Case 5, where an employee sent a legitimate request for leave to the employer, and the employer refused and induced the employee to resign, it cannot be deemed as the voluntary resignation of the employee. The court, considering the facts such as the actual performance of the resignation process and the past communication by both parties, ruled that the two parties terminated the labor contract based on mutual agreement.
此外，我們認為其他具有參考價值的裁審要點提示如下：
In addition, the following are other judicial views that we believe are of value for reference:
1. 用人單位不得通過自設的規章制度限制員工法定范圍內的帶薪年休假權利，員工有權依照《職工帶薪年休假條例》相關規定向用人單位主張相應補償。
An employer may not restrict the employees’ entitlement to statutory paid annual leave through rules and regulations established by itself. The employees have the right to claim for corresponding compensation from the employer in accordance with the relevant provisions of the Regulation on Paid Annual Leave for Employees.
2. 符合連續工作滿12個月休假條件的勞動者，在試用期內亦依法享受帶薪年休假。
The employee who meets the requirements for 12 consecutive months’ employment shall also be entitled to the paid annual leave during the probation period in accordance with law.
3. 員工因先兆流產跡象休病假合理合法，用人單位以曠工辭退構成違法解除。
It is reasonable and legitimate for an employee to take sick leave due to signs of threatened abortion, and if the employer terminates the employment contract on the grounds of absenteeism, it shall be deemed illegal.
4. 用人單位不得無故拒絕勞動者的合理陪產假申請，并應在陪產假期間內足額支付工資。
An employer shall not arbitrarily refuse an employee’s reasonable applications for paternity leave and shall pay full wages during the paternity leave period.
2025年4月28日，北京金融法院召開“依法保障新業態勞動者保險權益”新聞發布會，發布新業態保險糾紛典型案例等內容，聚焦了新業態保險中實際投保人的認定、新職傷險與商業險之間以及各商業險之間的銜接互斥關系、保險公司的核保義務等社會關注度高的熱點問題，并作出回應。我們認為案例一和案例二值得關注：
On April 28, 2025, the Beijing Financial Court held a press conference on “Legally Safeguarding the Insurance Rights and Interests of Employees in New Work Forms” and released typical cases of disputes in the insurance for new work forms, focusing on and responding to hot issues of high social concern, such as the identification of the actual policyholder in the insurance for new work forms the connection and mutual exclusion between the new occupational injury insurance and commercial insurance, and between various commercial insurances, and the underwriting obligations of insurance companies. We believe Case 1 and Case 2 are worthy of attention:
1. 在新業態保險中，保險公司的提示說明義務應向實際投保人履行。眾包騎手意外險保險單記載的投保人系平臺合作商而非騎手，但實際操作中保險公司已經就猝死保險金條款向保險經紀公司進行了提示說明。法院最終通過剖析保險交易架構中的多層商業嵌套，穿透認定實際投保人為眾包騎手，猝死保證金條款為隱形免責條款，該免責提示對騎手不發生效力，判令保險公司賠償騎手法定繼承人保險金60萬元。
In the insurance for new work forms, the insurance company's obligation to prompt and explain shall be performed to the actual policyholder. The insurance policy for the independent takeaway rider's accident insurance recorded that the policyholder was the platform's partner rather than the rider, but in practice, the insurance company had prompted and explained the sudden death insurance clause to the insurance brokerage company. The court finally analyzed the multi-layered commercial nesting in the insurance transaction structure, penetratingly identified the actual policyholder as the independent takeaway rider and the sudden death guarantee clause as a hidden exemption clause which had no effect on the driver, and ordered the insurance company to compensate the rider's legal heirs RMB 600,000 as insurance benefits.
2. 符合已經投保新就業形態就業人員職業傷害保障（“新職傷”）情形且已經享受新職傷險賠償的新業態勞動者，可以同時主張商業意外險的賠付。
Employees in new work forms who are eligible for and have enjoyed compensation under the new occupational injury protection for employees in new work forms (the “New Occupational Injury Insurance”) can simultaneously claim compensation from commercial accident insurance.
五、典型案例：上海市發布《勞動人事爭議多元化解工作白皮書》
2025年5月28日，上海市寶山區人民法院聯合寶山區總工會、寶山區人社局發布《寶山區勞動人事爭議多元化解工作白皮書（2021-2024）》，包含的裁審觀點如下：
On May 28, 2025, the Shanghai Baoshan District People’s Court, the Baoshan District Federation of Trade Unions and the Baoshan District Human Resources and Social Security Bureau jointly released the White Paper on the Diversified Resolution of Labor and Personnel Disputes in Baoshan District (2021-2024), which contains the following adjudication opinions:
1. 員工未經用人單位批準即離崗或未到崗不能直接認定為曠工，應結合員工請假緣由、用人單位假期審批權行使情況綜合判斷。孕期女員工因孕吐不適提交事假申請并告知上級后離崗，上級未明確回應，直接以員工曠工違紀作出單方解除決定。法院認為女員工存在孕吐反應請假具備合理性，已履行休假申請手續，用人單位未曾對請假材料提出異議的，屬于未能及時合理行使假期審批權，構成違法解除。
When an employee leaves or fails to arrive at work without the employer’s approval, it cannot be directly deemed as absenteeism, and should be comprehensively judged in combination with the reason for the employee’s leave application and the employer’s exercise of leave approval authority. A pregnant female employee left work after submitting a personal leave application due to morning sickness discomfort and informing her supervisor, but the supervisor did not respond clearly and directly made a unilateral termination decision on the grounds of the employee's absenteeism and disciplinary violation. The court held that the female employee’s request for leave due to morning sickness was reasonable, she had fulfilled the leave application procedure, and the employer had not raised any objection to the leave materials, which meant that the employer failed to exercise the leave approval authority in a timely and reasonable manner, and it should be deemed illegal.
2. 已經簽署勞動合同且持續在用人單位處工作的達到法定退休年齡的員工發生工傷時，用人單位不得與其另行簽署勞務合同逃避法律責任。雙方約定的勞動合同期限屆滿時，應當順延至工傷鑒定結論作出后方可終止勞動關系。
When an employee who has reached the statutory retirement age, sustains a work-related injury while working under a signed labor contract with the employer, the employer shall not sign a separate service contract with him/her to evade legal liability. When the term of the labor contract agreed by both parties expires, it shall be extended until the work-related injury appraisal conclusion is made before the labor relationship can be terminated.
3. 離職員工通過外包關系從事隱蔽性競業行為的，原用人單位應在其舉證能力范圍內舉證并達到高度蓋然性。該案中，用人單位提供了離職員工新單位實際從事人力資源外包服務而競爭公司為其客戶的證明、離職員工以工作人員身份辦理競爭企業所在園區的長期車位并多次出入該地點的記錄、離職員工在異地酒店住宿后開具競爭企業抬頭的發票等，形成一系列相互印證的證據鏈。
For a resigned employee who engages in concealed competitive behaviors through an outsourcing relationship, the former employer shall provide evidence within its burden of proof to a high degree of probability. In this case, the former employer provided evidence that the resigned employee’s new employer was an HR outsourcing service company and the competing company was its client, records of the resigned employee renting a long-term parking space in the park where the competing company was located and entering and exiting the place many times, and invoices issued by the competing company after the resigned employee stayed in a hotel in another city. The court believed that such evidence has formed a series of mutually corroborating evidence chains.
4. 在員工工作崗位和內容均無變化的情形下，延長試用期實質屬于二次約定試用期，應為無效。用人單位在首次試用期滿后以員工試用期內不符合錄用條件解除勞動關系的，構成違法解除。
If there is no change in the employee’s job position and content, extending the probation period essentially constitutes a second agreement on the probation period, which shall be invalid. If the employer terminates the labor relationship after the initial probation period expires on the grounds that the employee does not meet the recruitment conditions during the probation period, it shall be deemed illegal.
5. 平臺新業態用工情形下，用人單位與員工簽訂《合作協議》，法院在查明事實的基礎上根據實際履行情況具體判斷，認定雙方未建立勞動關系。
In the case of platform employment in new work forms, where the employer and the employee signed a Cooperation Agreement, the court made a specific judgment based on the actual performance after finding out the facts, and determined that no labor relationship has been established between the two parties.
6. 對于加班或者值班的認定，主要判斷依據為員工是否繼續在原崗位上工作或是有具體的生產或經營任務。員工作為保安人員，其工作具有特殊性，相較其他崗位等待時間長，勞動強度較小，綜合考慮員工用餐時長及休息情況，法院不予認定加班費主張。
The determination of overtime work or on-duty work mainly depends on whether the employee continues to work in the original position or has specific production or business tasks. As a security guard, the employee’s work is special, with a longer waiting time and lower labor intensity compared to other positions. Considering the employee’s meal time and rest situation, the court did not support the claim for overtime pay.
7. 用人單位未在規定的時限內提出工傷認定申請的，在此期間發生符合《上海市工傷保險實施辦法》規定的工傷待遇等有關費用，由用人單位承擔。
If the employer fails to submit an application for determination of work-related injury within the specified time limit, the relevant expenses such as work-related injury treatment that occur during this period and meet the provisions of the Implementation Procedures of Shanghai Municipality on Industrial Injury Insurance shall be borne by the employer.
8. 負有人事管理崗位職責的勞動者要求用人單位承擔未簽署勞動合同的二倍工資訴求的，法院不予支持。
Where an employee who is responsible for personnel management claims double wages from the employer for the failure to sign a labor contract, such a claim will not be upheld by the court.
Beijing ICP No. 05019364-1 Beijing Public Network Security 110105011258
