FAQProcedure of Enrolling in Occupational Accident Insurance
| Q： | Who are the eligible individuals for voluntary enrollment in occupational accident insurance? | ||||||||||||||||||
| A： |
According to the announcement by the Ministry of Labor on March 15,2022, the following individuals as eligible for voluntary enrollment under Article 9, Paragraph 1, Subparagraph 1 of the Labor Occupational Accident Insurance and Protection Act, effective from May 1, 2022. The announcement is as follows:
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| Q： | Are there any regulations regarding the continuation of insurance under the Labor Occupational Accident Insurance and Protection Act? Is it required to participate in occupational accident insurance during an unpaid leave of absence? Can someone opt out of the insurance? | ||||||||||||||||||
| A： |
According to article 13 of the Labor Occupational Accident Insurance and Protection Act, if an insured person has not resigned but is unable to continue providing labor due to any of the following circumstances, the insured unit may process the cancellation of the insurance:
However, if the insured person is sent abroad by the insured unit for observation, study, or service provision, and the employment relationship with the insured unit remains in effect without any of the circumstances, the insured unit may not apply for the cancellation of occupational accident insurance. |
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| Q： | How should a general unit report the enrollment of its employees in occupational accident insurance? | ||||||||||||||||||
| A： |
After the Labor Occupational Accident Insurance and Protection Act came into effect on May 1,2022, units must submit an insurance application form to the Bureau of Labor Insurance on the employee’s first day of work to complete the enrollment process. Units with more than 5 employees are required to participate in labor insurance, employment insurance, and occupational accident insurance, and contribute to the labor pension. Units with less than 4 employees, while voluntary for labor insurance, are still required to participate in employment insurance, occupational accident insurance, and contribute to the labor pension. |
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| Q： | When does the insurance coverage for an insured person under occupational accident insurance begin and end? | ||||||||||||||||||
| A： |
According to Article 13 of the Labor Occupational Accident Insurance and Protection Act stipulates that the insurance coverage for workers employed by a registered employer begins on the first day of employment and ends on the day of resignation. In other words, even if the employer fails to complete the insurance enrollment process for the employee, the employee is still entitled to claim occupational accident benefits from the Bureau of Labor Insurance in the case of an accident. However, the Bureau of Labor Insurance will recover the payment from the employer, impose a fine ranging from NTD20,000 to NTD100,000, enforce continuous penalties if not rectified within the given period, and publicly announce the employer’s violation. Additionally, for insured persons such as members of occupational unions, Category A members of fishermen’s associations, participants in vocational training, and voluntary insured persons (e.g., employers, domestic helpers, caregivers, home-based childcare providers employed by natural person employers not covered under Article 6, Paragraph 1 of the Act, and research assistants employed by principal investigators of research projects), the insurance coverage begins and ends of the day the insurer (Bureau of Labor Insurance) is notified of their enrollment or termination of membership, training, or employment. However, if the insured unit does not notify the insurer on the day of membership enrollment, training commencement, or employment, the insurance coverage will start from the day after the notification. If the worker does not terminate membership, complete training, or resign but the insured unit processes the withdrawal from insurance, the coverage ends of the day of notification. |
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| Q： | What records must an insured unit maintain for its employees, and how long must they be kept? | ||||||||||||||||||
| A： |
The insured unit must maintain a roster of employees, attendance, work and payroll records. These documents must be preserved for five years from the data the insured person resigns, leaves the union, or completes (or discontinues) training. Additionally, employers of foreign domestic caregivers or foreign domestic helpers may substitute these records with the employment permit, labor contract and payroll statements of the migrant worker. |
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