09.2021 Life Guide
Understanding of the new law -- understanding the Labor Occupational disaster insurance and Protection Law
Far eastern New Century Corporation / Lin Boying
The Legislative Yuan passed the Labor Occupational disaster insurance and Protection Law on the third reading on April 30, 2021, integrating the occupational disaster insurance in the labor insurance Ordinance and the relevant provisions of the occupational disaster labor protection law in the form of a special law. It is expected to go on the road on May 1 next year, hoping to provide better protection for workers. This issue will take you first to understand the new law that concerns your rights and interests.
The Labor Occupational disaster insurance and protection law mainly aims at three aspects: pre disaster prevention, disaster compensation and post disaster reconstruction, including expanding the coverage of insurance, improving payment security, expanding subsidies and other assistance. The relevant contents are as follows:
1 Expand insurance coverage
It is estimated that 330000 newly employed workers will be covered by occupational disaster insurance; In addition, 233000 foreign domestic migrant workers will also be insured, and a total of 560000 workers are expected to benefit. In addition to expanding the insured objects, the special law also provides multiple insurance channels. In the future, employees employed by natural person employers or actually engaged in labor can apply for insurance through simple channels such as convenient supermarket machines or web pages. At the same time, regardless of whether the employer adds insurance or not, the worker will enjoy insurance protection on the day of arrival. In case of occupational disaster, he can get payment.
2 Improve payment security
In addition to expanding the scope of insurance coverage, for workers, in the event of an occupational disaster, the payment protection will also be comprehensively improved, including:
It is clearly stipulated that the lower limit of the insured salary is the basic salary (currently NT $24000), which will be adjusted with the basic salary; The upper limit of insured salary is 72800 yuan.
100% of the insured salary shall be paid 2 months before the injury payment. From the third month, 70% of the average monthly insured salary of the labor shall be paid once every half month, up to 2 years.
The disability annuity shall be paid at 70%, 50% and 20% of the insured salary according to the degree of disability.
If a worker dies during the insurance period, the survivor's annuity shall be paid at 50% of the insured salary. Those who do not meet the annuity conditions may claim a lump sum.
3 Expanded allowance
Workers diagnosed with occupational diseases after Surrender: considering the long incubation period of some occupational diseases, in order to strengthen the protection of labor rights and interests, those who engage in specific harmful operations during the period of insurance and are diagnosed with occupational diseases after resignation and surrender may also apply for medical allowance, care allowance, assistive device allowance, disability allowance or death allowance in accordance with the regulations.
Application for Appliance Subsidy and care subsidy: except for workers who are unable to take care of themselves due to disability, they can also apply for care subsidy during hospitalization if they suffer from occupational injuries and are hospitalized; In addition, those who have to use assistive devices due to occupational injuries diagnosed by doctors may also apply for device subsidies.
In terms of insurance rate, the premium shall be calculated and collected according to the current average rate of occupational disaster insurance in various industries (the latest average rate is 0.21%). In case of compulsory insured labor, the premium shall be borne by the employer in full; If the insurance is added through a professional trade union, the worker will bear 60% of the guarantee fee and the government will bear 40%.
After the "post occupational disaster insurance and protection" is on the road, a special occupational disaster prevention and reconstruction center will be established from the premium income to coordinate the work of occupational disaster prevention and reconstruction. We will take preventive measures at the front end to reduce the occurrence of occupational disasters, and assist in active reconstruction and help workers return to the workplace in case of occupational disasters.
(reference source: Ministry of labor)
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The Labor Occupational disaster insurance and protection law mainly aims at three aspects: pre disaster prevention, disaster compensation and post disaster reconstruction, including expanding the coverage of insurance, improving payment security, expanding subsidies and other assistance. The relevant contents are as follows:
1 Expand insurance coverage
It is estimated that 330000 newly employed workers will be covered by occupational disaster insurance; In addition, 233000 foreign domestic migrant workers will also be insured, and a total of 560000 workers are expected to benefit. In addition to expanding the insured objects, the special law also provides multiple insurance channels. In the future, employees employed by natural person employers or actually engaged in labor can apply for insurance through simple channels such as convenient supermarket machines or web pages. At the same time, regardless of whether the employer adds insurance or not, the worker will enjoy insurance protection on the day of arrival. In case of occupational disaster, he can get payment.
2 Improve payment security
In addition to expanding the scope of insurance coverage, for workers, in the event of an occupational disaster, the payment protection will also be comprehensively improved, including:
It is clearly stipulated that the lower limit of the insured salary is the basic salary (currently NT $24000), which will be adjusted with the basic salary; The upper limit of insured salary is 72800 yuan.
100% of the insured salary shall be paid 2 months before the injury payment. From the third month, 70% of the average monthly insured salary of the labor shall be paid once every half month, up to 2 years.
The disability annuity shall be paid at 70%, 50% and 20% of the insured salary according to the degree of disability.
If a worker dies during the insurance period, the survivor's annuity shall be paid at 50% of the insured salary. Those who do not meet the annuity conditions may claim a lump sum.
3 Expanded allowance
Workers diagnosed with occupational diseases after Surrender: considering the long incubation period of some occupational diseases, in order to strengthen the protection of labor rights and interests, those who engage in specific harmful operations during the period of insurance and are diagnosed with occupational diseases after resignation and surrender may also apply for medical allowance, care allowance, assistive device allowance, disability allowance or death allowance in accordance with the regulations.
Application for Appliance Subsidy and care subsidy: except for workers who are unable to take care of themselves due to disability, they can also apply for care subsidy during hospitalization if they suffer from occupational injuries and are hospitalized; In addition, those who have to use assistive devices due to occupational injuries diagnosed by doctors may also apply for device subsidies.
In terms of insurance rate, the premium shall be calculated and collected according to the current average rate of occupational disaster insurance in various industries (the latest average rate is 0.21%). In case of compulsory insured labor, the premium shall be borne by the employer in full; If the insurance is added through a professional trade union, the worker will bear 60% of the guarantee fee and the government will bear 40%.
After the "post occupational disaster insurance and protection" is on the road, a special occupational disaster prevention and reconstruction center will be established from the premium income to coordinate the work of occupational disaster prevention and reconstruction. We will take preventive measures at the front end to reduce the occurrence of occupational disasters, and assist in active reconstruction and help workers return to the workplace in case of occupational disasters.
(reference source: Ministry of labor)
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