Seven measures aimed at addressing parity in information, power and economics between workers and employers are to come into effect on Jan. 1 next year in the hope of increasing out-of-court settlements for occupational hazard cases, the Ministry of Labor said yesterday.
The ministry said it would enact a program to uphold the rights of workers and their kin in cases of occupational hazard incidents, providing timely and comprehensive support, and helping workers or their kin who feel powerless against the system.
The measures would include employers providing preliminary inspection results as soon as possible; the whole process, from investigation, counseling to litigation, should involve lawyers; workers involved in occupational hazard incidents should receive greater compensation if the case is settled out of court, arbitrated by a court or goes to trial; employers would be made to shoulder responsibilities for occupational hazard incidents; the ministry would shoulder the bill for debt securities in the event of a court-ordered provisional attachment, and provide translation services throughout the possess for migrant workers, the ministry said.
Photo: CNA
FINANCIAL BURDEN
Occupational Safety and Health Administration Director-General Lin Yu-tang (林毓堂) said that the financial burden of processes such as out-of-court settlements, arbitration or litigation weighs heavily on ordinary families.
Such families are often forced to accept unreasonable settlements offered by employers because they lack the data or the professional aid to resist, Lin said.
The ministry is looking into working with legal groups, such as the Legal Aid Foundation, to waive assessments of applicants’ eligibility and to provide legal consultation to those in need, he said.
The ministry would also provide similar assistance to those in need should cases enter litigation, and incurred expenses would all be subsidized by the ministry, Labor Relations Division Director-General Wang Hou-wei (王厚偉) said.
TRANSLATORS
Subsidies for hiring translators or interpreters would be increased to NT$100,000 to prevent language barriers from hindering a legal resolution, Wang said, adding that the ministry would provide living subsidies for the duration of a case in litigation.
Lawyer Liu Kuan-ting (劉冠廷) said the highlight of the new model is the provision of translators and interpreters throughout the process.
The number of migrant workers and foreign spouses is increasing, and their living conditions often increase the risk of them becoming the victim of an occupational hazard incident, Liu said.
Employment Service Institutions and their agents have had a monopoly over the provision of interpretation or translation services for foreign migrants, and the government should draft a list of professional interpreters that it could draw on in such cases, Liu said.
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