Article 5 Measures to Safeguard Various Rights
annuity benefits due to unfamiliarity with the application procedures and the
complexity and high cost of document verification.144
113. Recommendations: The government should develop specific preventive
measures to enhance the occupational safety and health of migrant workers
using language that is clear and understandable to migrant workers. In
the event of an occupational accident, the competent authorities should
proactively follow up on the case and provide assistance to migrant workers
who face potential repatriation or difficulties claiming benefits after their
return. In addition to compiling a list of occupational accident victims, the
government should also help to simplify the procedures involved to reduce
the cost of claiming compensation and benefits.
114. Regarding occupational accident insurance and protection for undocumented
migrant workers, the Labor Occupational Accident Insurance and Protection
Act , which took effect on May 1, 2022, stipulates that employers who hold a
license to practice that has been registered in accordance with the law or who
have been issued an employment permit by the central competent authority
in accordance with the law must insure their employees of age 15 and
above. The Act also applies to aliens, who, if working in Taiwan as migrant
workers in compliance with the law, must be covered by occupational
accident insurance in accordance with the Act . However, according to the
Ministry of Labor, the Labor Occupational Accident Insurance and Protection
Act does not apply to undocumented migrant workers who experience an
occupational accident, since undocumented migrant workers or escaped
migrant workers are not authorized by law to work in Taiwan; in case of an
occupational accident involving an undocumented migrant worker, the
144
Control Yuan investigation reports approved on April 8, 2020 (109 財 調 0019) and January 19, 2022 (111 社 調 0003)
respectively.
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