Title:

  Chapter Ⅴ Other Protections

Article 22
When discovering mental or physical disability in a worker who has gone through medical care after an occupational accident, the competent authority of the concerned municipality or county(city) shall inform the local competent authorities of social affairs to actively provide assistance.
Article 23
Employers may not issue an advance notice to terminate the labor contract with workers suffering occupational accidents except under any of the following conditions:
1. The employer’s business is in suspension or suffers serious loss and approval from the competent authority has been obtained.
2. After the termination of medical care for a worker suffering an occupational accident, a public medical institution appraises that the worker concerned is mentally or physically disabled to be incapable of working.
3. The employer’s business cannot continue because of natural disaster, incident or other acts of God, and approval from the competent authority has been obtained.
Article 24
A worker suffering an occupational accident may terminate the labor contract under any of the following conditions:
1. A public medical institution appraises that the worker concerned is mentally or physically disabled to be incapable of working.
2. The business entity disappears due to its restructure or ownership transfer.
3. The employer does not abide by the provisions of Article 27.
4. The worker concerned cannot reach an agreement on job placement with the employer who follows the provisions of Article 27.
Article 25
When an employer terminates the labor contract in accordance with the provisions of Subparagraph 1, Subparagraph 3 of Article 23 or a worker terminates the labor contract in accordance with the provisions of Subparagraphs 2 to 4 of Article 23 terminates the labor contract, the employer shall pay the worker concerned severance as prescribed in the Labor Standards Act.
When an employer terminates the labor contract in accordance with the provisions of Subparagraph 2 of Article 23 or a worker terminates the labor contract in accordance with the provisions of Subparagraph 1 of Article 23 terminates the labor contract, the employer shall pay the worker concerned retirement payment as prescribed in the Labor Standards Act
A worker suffering an occupational accident can only claim one of the rights prescribed in the preceding two paragraphs and either severance or retirement payment in accordance with provisions of Labor Standards Act.
Article 26
When an employer terminates the labor contract with a worker suffering an occupational accident with advance notice in accordance with the provisions of Article 23, to notify worker set forth in Labor Standards Act shall apply, mutatis mutandis.
When a worker suffering an occupational accident terminates the labor contract in accordance with the provisions of Subparagraph 1 of Article 24, to notify employer in advance as set forth in Labor Standards Act shall apply, mutatis mutandis.
Article 27
Upon the termination of medical care for a worker suffering an occupational accident, the employer shall place the worker concerned with a suitable job according to in accordance with his/her physical conditions and capability and provide him/her with auxiliary facilities necessary for engaging in work.
Article 28
A worker suffering an occupational accident still retained after business restructure or ownership transfer of a business entity has become physically or mentally disabled and partially or entirely lost their capability to work as a result of occupational accidents, the original rights of the said worker as prescribed in related laws or the labor contract shall survive for the new employer.
Article 29
Before the occupational accident is determined, the worker concerned may request for ordinary sick leave first, in accordance with Article 4 of the Regulations on Leave-taking of Workers. When the said ordinary sick leave expires, the employer shall regard the worker as on leave without pay and give the said worker occupational sick leave once the occupational accident is determined.
Article 30
When a worker participating in labor insurance scheme suffers an occupational accident, terminates the labor contract and withdraws from the insurance scheme during the period of medical care, the worker concerned may be insured under a labor organization or a relevant organization entrusted by the Bureau of Labor Insurance as the insured unit and continue to participate in the ordinary incident insurance under the labor insurance scheme until the date of being entitled to receiving old-age benefit not subject to the restriction set forth in Article 6 of the Labor Insurance Act.
When a worker voluntarily continues to participate in the ordinary incident insurance in accordance with the preceding paragraph, regulations concerning insurance procedures, insured coverage, insured salary, insurance premium, and insurance benefits etc., shall be separately prescribed by the Central Competent Authority.
Article 31
A business entity contracts out its work to a contractor; the contractor concerned for the workers under the contract shall be severally and jointly liable with the business entity for the compensation of occupational accident. The same shall equally apply to subcontractors.
The business entity or the contractor referred to in the preceding paragraph may claim for reimbursement for the portion paid from the employer of worker suffering an occupational accident.
Standards for compensating the occupational accident prescribed in the preceding two Paragraphs shall follow the provisions of Labor Standards Act. The expense that an employer of worker has already paid for the same incident in accordance with the Labor Insurance Act or other regulations may be deducted from the compensation.
Article 32
When a civil lawsuit is brought for an occupational accident, the court shall, upon the application filed by the workers suffering an occupational accident, rule the grant of lawsuit assistance, however, provided that the worker concerned is not obviously hopeless to win the lawsuit.
When a worker suffering an occupational accident requests for the order for safety protection or provisional execution, the court may reduce or waive the amount of guarantee for the worker concerned.
Data Source:Ministry of Labor / Law Source Retrieving System Labor Laws And Regulations