“家庭办公”的工伤认定标准探究

A Study on the Standard of Industrial Injury Identification under the Perspective of "Home Office"

互联网时代催生富有弹性的新型劳动样态,"家庭"与"办公"的结合在提高劳动生产效率的同时对现行工伤体系提出了挑战。如在(2017)最高法行申6467号案件中,传统工伤认定的时空要素面对场所功能混同而失灵,如何准确界分"家庭状态"与"办公状态"成为遂行要件判断的关键。同时,现行工伤认定的"危险增加规则"失去适用基础,起因性因果关系在中性风险和混合风险中如何判断也成为难点。因此,亟需从现实挑战入手分析工伤认定标准,重新依遂行性和起因性构建新规则,并围绕此两点确立总量理论为认定基准,以应对家庭办公工伤认定的难点,从而进一步完善工伤认定体系。

The Internet Era boosts birth to a new type of work--home office.The combination of"home"and"office"not only improves labor productivity,but also challenges the current work-related injury system.In(2017)the supreme law article No.6467,the space-time elements of traditional work-related injuries identification fail under the confusion of the functions of the workplace at home and office.Thus,how to accurately distinguish the"home state"from the"office state"becomes the key to the judgment of practicality.In the meantime,the"rule of increasing risk"of the current work-related injury system loses its applicable basis.Thus,how to judge the causal relationship of the cause in neutral risks and mixed risks becomes a difficult issue.To cope with the difficulties of work-related injury identification at home and to further improve the system of workrelated injury identification,therefore,it is urgent to analyze the criteria for identification of work-related injuries from the realistic challenges,to reconstruct new rules based on the two points of practicality and the cause,and to establish the Aggregate theory for identification of work-related injuries around the implementation and cause.