International Society of Primerus Law Firms

Legislation Update: The Worker’s Insurance Salary will be Directly Adjusted from June 1st, 2011

Submitted By: Formosan Brothers

Taipei, Taiwain

The Bureau of Labor Insurance (the “BLI”) found that some insured units had under-declared the insurance salary of their workers for being unfamiliar with applicable laws and regulations regarding declaration of the insurance salary, or for trying to avoid their obligations of paying the labor insurance premium. To secure workers’ interests, the BLI attempts to make a comprehensive investigation of workers’ insurance salary. By referring to the 2009 income tax data of an insured unit, if it appeared that the workers’ insurance salary of the insured unit was under-declared, the insurer may directly make adjustment according to the insurance salary of an equivalent grade of the same occupation, and notify the insured unit about such ad-justment (see Article 14-1 of Labor Insurance Act).

BLI stated that any compensation to a worker’s work shall be in-cluded in the worker’s total monthly salary for the purpose of determining the “monthly insurance salary”, regardless of how the compensation is termed or how often it is paid. An insured unit shall correctly report the monthly insurance salary of its worker pursuant to the “Table of Grades of Insurance Salary.” In the event that the insured unit makes a false repre-sentation regarding the monthly insurance salary of the worker, the insured unit shall be imposed a fine four times the total of premiums from the date of employment of the worker until one day precedent to the date of enrollment for the labor insurance or the date of the worker’s severance (Article 72 of the same).

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The general information contained herein is intended for informational purposes only. It is not intended to be, and should not be construed as, legal advice or legal opinion on any specific facts or circumstances.

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