On 13 November 2025, the Ministry of Human Resources and Social Security issued Opinions (III), introducing important clarifications to China’s work injury regime.
Under PRC law, an injury is generally recognised as a work injury if it occurs during working hours, at a workplace, and for work-related reasons. Once an injury is recognised as work-related, the employee may be entitled to work injury insurance benefits paid by the social insurance fund, and in certain circumstances, additional payments or liabilities borne by the employer. Disputes over work injury recognition therefore often carry both financial and operational implications for employers.
Opinions (III) is particularly relevant in today’s working environment, where flexible working hours, business travel, and remote or home-based work have become increasingly common. The new rules adopt a more functional and realistic approach to work injury recognition, which, if not properly understood and managed, may significantly expand employers’ exposure.
Opinions (III) further refines several fundamental concepts relevant to work injury determinations.
Opinions (III) confirm that 'working time' is not limited to statutory working hours or hours specified in labour contracts or company policies. It now expressly includes:
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