What is an anti epidemic volunteer?

According to Article 6 of the "Regulations on Volunteer Service" of the State Council, a volunteer refers to a natural person who engages in voluntary service with his own time, knowledge, skills, physical strength, etc.

According to Article 3 of the Shanghai Volunteer Service Regulations, voluntary service refers to a public welfare activity that voluntarily provides services and assistance to others and society with intelligence, physical strength, skills, etc., without the purpose of obtaining remuneration. The term "volunteers" as used in these Regulations refers to individuals engaged in voluntary service activities.

Volunteers are generally divided into two categories: one is to register with an official organization or volunteer service organization, submit to unified distribution, and uniformly arrange work. Secondly, individuals who volunteer for epidemic prevention work, such as helping organize nucleic acid testing in their communities, distributing antigen reagents, transporting materials, and contacting epidemic prevention supply routes, are often self motivated. Currently, both types of volunteers are active in the voluntary work of anti epidemic services in Shanghai. For people who have been confined to the community for many days, they are more familiar with and understand the second type of community volunteers (owners) who volunteer voluntarily.

Can the infection of COVID-19 in the volunteer activities of anti epidemic volunteers be identified as work-related injury?

According to the "Regulations on Industrial Injury Insurance", employers within the territory of the People's Republic of China should... pay industrial injury insurance premiums for all their employees or employees. In addition, Article 15 (2) of the "Regulations on Industrial Injury Insurance" also stipulates that "those who are injured in activities such as emergency rescue and disaster relief to safeguard national and public interests" are deemed to be industrial injuries. There are two prerequisites for a volunteer to be identified as an industrial injury: first, the existence of a labor contract relationship between the volunteer and the employer is governed by the "Industrial Injury Insurance Regulations"; Secondly, volunteers must "be harmed in activities such as rescue and disaster relief to safeguard national and public interests.". The problem here is that if a volunteer is registered under an official organization or volunteer service organization, there is no labor relationship between the volunteer and the organization; If volunteers are the spontaneous owners of each community, and there is no organization with labor relations that can be relied on, can the Regulations on Work related Injury Insurance be applicable to COVID-19 infection in volunteer activities? To put it a step further, "those who are injured in activities such as emergency rescue and disaster relief to safeguard national and public interests" are considered as work-related injuries. Then, is it "in the rescue and disaster relief and other activities to safeguard national interests and public interests" that those who are injured in the COVID-19 epidemic prevention volunteer activities? According to the Notice on Relevant Security Issues of Medical and Nursing Personnel and Related Personnel Infected with novel coronavirus Pneumonia due to the Performance of Their Job Duties, "in the prevention and treatment of novel coronavirus Pneumonia, medical and nursing personnel and related personnel who are infected with novel coronavirus Pneumonia or die of novel coronavirus Pneumonia due to the performance of their job duties shall be recognized as work-related injuries and enjoy work-related injury insurance benefits according to law", This also confirms the above analysis that medical care and related staff who are infected with novel coronavirus or die of novel coronavirus due to "performing their duties" are qualified to be recognized as work-related injuries. As a volunteer, it can only be said that if it can be identified by regulations and policies as "being injured in activities such as emergency rescue and disaster relief to safeguard national and public interests," there is a possibility of being identified as an industrial injury.

Can anti epidemic volunteers receive subsidies?

One of the prominent characteristics of anti epidemic volunteers is that they voluntarily provide services and assistance to others and society without the purpose of obtaining remuneration. However, not seeking compensation for the purpose does not mean that volunteers cannot receive any fees or subsidies. According to Article 22 of the Shanghai Volunteer Service Regulations, voluntary service organizations can provide appropriate subsidies to volunteers for the transportation, meal delays, and other expenses incurred by them in engaging in voluntary service activities. In fact, the current epidemic situation is severe, and many volunteers actively provide volunteer services regardless of personal safety and infection risks. Some volunteers even take out their own household supplies and store them to owners in need of care in the community. Even if these volunteers are not "registered with official organizations or volunteer service organizations," according to Article 35 (2) of the Shanghai Volunteer Service Regulations, residents committees Villagers' committees, organizers of public welfare activities, and public service institutions that carry out public welfare activities and require volunteers to provide voluntary services can also recruit volunteers themselves. "Those who recruit volunteers on their own to provide voluntary services shall refer to the provisions of these Regulations on voluntary service organizations conducting voluntary service activities.". Such regulations, on the one hand, provide a basis for regulating the rights and obligations of volunteers. On the other hand, the spirit of voluntary service is worthy of praise and affirmation, and it is even more necessary to be protected. Therefore, the relevant departments should provide reasonable subsidies to volunteers, which also helps the sustained and healthy development of voluntary service activities.

Anti epidemic volunteers volunteer to organize residents to buy goods in groups. If there is an infection due to the purchase of goods in groups, will they be held responsible?

Shanghai's "group leader" will definitely become a name that can be recorded in history in the future. From the current reality, "group leader" may consist of two types of people. One type of "group leader" is for the purpose of making profits, or has accepted any form of commission, fee, etc. This type of "group leader" is more similar to a business, and the other type of "group leader" is currently a relatively common community owner with ability and social resources, They are also part of the "volunteers". According to Article 165 of the Civil Code of China, if the perpetrator infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the tort liability. Therefore, in principle, if volunteers have done all the work related to reviewing the qualifications of suppliers and verifying the nucleic acid test reports of transportation personnel during the process of organizing group purchases for residents, then from the perspective of rationality, volunteers have fulfilled the duty of care and should not be overly harsh on volunteers. Only in cases where the civil rights and interests of others have been infringed due to intentional or gross negligence, do volunteers need to bear tort liability.

How should anti epidemic volunteers protect their rights after suffering losses?

The losses suffered by anti epidemic volunteers in providing voluntary services mainly include two aspects: first, personal injury; Second, property losses.

In terms of personal injury, if the personal injury of a volunteer is caused by the fault of a third person, and in accordance with Article 179 of the Civil Code, if the injury causes personal injury to another person, reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital food subsidies, as well as reduced income due to work delays, should be compensated. "If a disability is caused, compensation for auxiliary equipment costs and disability compensation shall also be made;"; "If death is caused, compensation for funeral expenses and death compensation shall also be made.". Therefore, the damage was caused by a third party, who should be liable for damages.

In terms of property losses, in accordance with Article 182 of the Civil Code, where infringement of the personal rights and interests of another person causes property losses, compensation shall be made based on the losses suffered by the infringee or the benefits obtained by the infringer as a result; "If it is difficult to determine the losses suffered by the infringee and the benefits obtained by the infringer as a result, and the infringee and the infringer fail to agree on the amount of compensation through consultation, and file a lawsuit with a people's court, the people's court shall determine the amount of compensation based on the actual situation.".

In addition, the Civil Code also stipulates the liability of the beneficiaries for compensation in the process of providing volunteer services. According to Article 183, if a volunteer suffers damage due to protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. "If there is no infringer, the infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.". According to this article, the volunteer service provided by the volunteer at this time needs to have a clear target to be helped, and the target has not explicitly refused the volunteer's help. If the volunteer suffers damage during the help process, the target can provide appropriate compensation.

The epidemic is merciless and human beings are affectionate. At the time of Omiqjon's menace, it is the volunteers full of great love who stand forward. Their contributions to each community are gathered to make contributions to the entire city. Calls on volunteers to remember to protect their own safety and reduce the risk of personal injury or property loss during the process of providing voluntary services, wishes good people a safe life, and wishes Shanghai an early spring.