Insurance premiums: |
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| 1.Does the foreign worker have to pay full amount of the insurance premiums while carrying labor insurance? | |
| Currently, the labor insurance is adopting the comprehensive insurance system which is divided into ordinary incident insurance (including maternity, injury or sickness, medical care, disability, unemployment, old-age, death) and occupational injury insurance (including injury and sickness, disability). So far, the premium rates can not be calculated by each incident. Thus, the premium rate for ordinary incident insurance of foreign workers is 5.5% (excluding the 1% for the unemployment rate), and the premium rate for occupational injury insurance will be calculated according to the Schedule of Premium Rates for Occupational Injury and shall be shouldered by the employers. |
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| 2.What is the percentage the foreign workers shall shoulder for the insurance premium of labor insurance? | |
| According to Article 15, Labor Insurance Act, the insurance premium which foreign workers pay for the labor insurance is the same as local workers. 20% of the ordinary incident premium shall be shouldered by the workers, 70% shall be paid by the insured units and 10% will be paid by the government. The premium for the occupational injury shall be contributed entirely by the insured units. |
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| 3.If the insured person is dead, shall he/she stop paying the insurance premium from the day of death? | |
| Yes. According to Article 6, Civil law, the rights given to a person is counted from the day of birth till the day of death. Thus, if the insured person is dead, he/she shall stop paying the insurance premium of labor insurance from the day of death. |
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| 4.What will happen if the insured unit under-declares the insured person's insurance salary? | |
| In case an insure unit under-declares an insured person's insurance salary, it shall be fined an amount equivalent to 2 times the premiums payable to the insured person computed from the day on which the insurance salary is under-declared. In addition, the insured unit shall no only surrender any excessive insurance payments received from the insurer, but also compensate the insured person for any loss thus incurred. Meanwhile, the justice authorities will investigate the juridical responsibility which the insured unit shall shoulder. |
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| 5.The cash benefits are paid according to the average monthly insurance salary. What is the computation of the average monthly insurance salary? | |
| Among every kind of cash benefits, the old-age benefit payments shall be calculated by dividing by 36 the insured person's total monthly insurance salary in the most current 3 years prior to the retirement. For other cash payments, they shall be calculated by dividing by 6 the insured person's total monthly insurance salary in the most 6 months prior to the occurrence to the insurance incidents. |
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Insurer, insured Units and insured Persons: |
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| 6.How do foreign workers participate in the labor insurance while working in Taiwan? | |
| For participation in the labor insurance, the foreign workers shall submit recruitment letter issued by authorities concerned, copy of ARC and the passport. |
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| 7.During the probation period, can the insured units temporarily not carry the insurance for the employee until the end of the probation period? | |
| According to Article 11, Labor Insurance Act, all insured units shall compile a list and notify the insurer on the same day when the insured persons join the enterprise. Thus, in order to protect the rights of workers, no matter during the probation period of not, the insured units shall take care of the insurance procedures for the workers on the same day the insured persons join the enterprise. |
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| 8.Can the workers currently carrying labor insurance withdraw the labor insurance due to participation in national health insurance? | |
| Except for cancellation of insurance due to leaving the job, or disability for work due to receiving old-age benefit and disability benefit, or cancellation of insurance due to receiving benefits, the workers who are forced to carry labor insurance or shall carry labor insurance according to the law shall participate in labor insurance. |
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| 9.When shall the workers carry the insurance? | |
| On the day when the workers join the enterprise. |
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| 10.When is the beginning of the labor insurance coverage? | |
| The beginning of the labor insurance coverage shall start from the day when the insured person joins the enterprise or the association. In case the insured unit fails to carry the insurance on the same day when the insured person reports for work, the insurance coverage shall take into effect on the following day when the insurance is actually carried. |
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Insurance benefits: |
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| 11.Can foreign workers claim for injury or sickness benefits while suffering from ordinary injury or sickness? | |
| Yes. In case that the foreign worker is not receiving salary on account of an ordinary injury or sickness for which he/she is hospitalized and under medical treatment, he/she can claim for injury or sickness benefits beginning from the 4th day on which he/she is incapacitated for work. |
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| 12.Can foreign workers claim for disability benefits while suffering from ordinary injury or sickness? | |
| Yes. In case the foreign worker suffers any residual physical handicap in the wake of a medical treatment of ordinary injury or sickness, or on the expiration of the period when receiving ordinary injury or sickness benefits, or at least 1 year after receiving medical treatment, and such disability conforms to the provisions of the Schedule of Disability Benefits Payment and the diagnosis by a hospital operated or specially contracted by the insurer confirms that the insured person will be disabled for the rest of his life, then the foreign worker may claim for disability benefits. |
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| 13.Is there any limitation on period of claim for insurance benefits due to insurance incidents? | |
| Yes. The right to claim for insurance benefits will be 2 years from the day the worker can file a claim. |
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| 14.What is the computation of the old-age insurance for an insured person who resigns at the age of 60? | |
| If an insured person resigns before the age of 60 without a insurance coverage exceeding 15 years, he/she shall receive one-month's old-age benefits each year. However, if his/her insurance coverage exceeding 15 years, he/she shall received 2-month old-age benefits each year, but the total payments shall not exceed 45 months of insurance salaries. |
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| 15.If the spouse of the foreign worker dies outside the applicable area of the Labor Insurance Act, can he/she claim for burial subsidy of the death benefits? | |
| The spouse of the foreign worker prescribed in Item 1, Article 43, Employment Service Act, shall not claim for insurance benefits when suffering injury or disease, giving birth or death outside the applicable area of the Labor Insurance Act. However, according to revised version of Employment Service Act, was announced on January 21,2002, the spouse or parents or children die, he/she can claim for burial subsidy of the death benefits. |
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Data source: Bureau of Employment and Vocational Training(Taiwan) |
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