Part-time Workers on Shift/Rotating Shift Must Be Continuously Insured, Not Only When On Duty: Intermittent Enrollment Not Allowed

In response to business needs, business entities may employ part-time workers in addition to regular full-time workers. The Ministry of Labor (MOL) reminds that for part-time workers on shifts/rotating shifts, even if they do not work every day, as long as both parties maintain an employment relationship, employers must, in accordance with regulations, apply for these employees’ enrollment in labor insurance, employment insurance, and occupational accident insurance on the day the worker starts work, and declare their withdrawal from insurance on the day the worker leaves. In other words, employers must maintain insurance enrollment throughout the workers’ entire employment period, and may not conduct enrollment or withdrawal only when workers are on duty, in order to protect their rights and interests.

The MOL stated the following example: A has been employed as a housekeeping attendant in a hotel since January 1, scheduled to work four days a week based on the hotel’s arrangements. Although A does not work every day, the employer continues to schedule and assign work, and the two parties continue to have an employment relationship. According to regulations, the employer should apply for insurance enrollment from the day A starts work (i.e., January 1st) and maintain such enrollment until the actual date of A’s separation. However, it would be illegal if the hotel only enrolled A in the insurance on the day they started to work and then withdrew A from the insurance on the same day in order to save on insurance premiums. During the period when the employer fails to enroll the employee, the employer shall be fined four times and ten times the amount of the insurance premium payable in accordance with the Labor Insurance Act and the Employment Insurance Act. The insured unit will be responsible for compensating the employee for any losses incurred. In addition, according to the Labor Occupational Accident Insurance and Protection Act, a fine of NT$20,000 to NT$100,000 shall be imposed and the reasons for the violation shall be announced.

The MOL calls on employers to fulfill their legal responsibility of enrolling employees in insurance. It is forbidden to evade this duty by signing labor contracts with workers based on shift schedules or working days, so as to avoid intermittent insurance coverage affecting workers’ insurance benefit rights. Finally, workers are reminded that they can log into the BLI’s e-Service System through mobile phone authentication, or use their Chunghwa Post ATM card or Labor Protection Card to check their personal insurance information via the issuing bank’s ATM or over the counter of BLI local offices, so that they can stay up to date on insurance information and protect their own rights and interests.