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🇹🇼 台灣 × 社會保險與法定福利

置信度:B+ | 最後驗證:2026-04-10 |
⚠️ 內部參考用途 — 需經法務 / 勞工關係專員審查後方為正式依據。
主要法源:

Social Insurance and Statutory Benefits — Taiwan (Republic of China)

Research note: Taiwan operates a multi-pillar social insurance system with separate programs for labor insurance, national health insurance, occupational accident insurance, employment insurance, and mandatory employer-funded pension contributions. Rates verified against 2026 (ROC 115) official tables. All monetary values in New Taiwan Dollar (NTD/TWD).


1. 主要法源

# Law Key Scope
1 Labour Insurance Act (勞工保險條例) Ordinary accident insurance (maternity, injury/sickness, disability, old-age, death)
2 Employment Insurance Act (就業保險法) Unemployment benefits, vocational training, parental leave allowance
3 Labour Occupational Accident Insurance and Protection Act (勞工職業災害保險及保護法) Work injury/occupational disease coverage; standalone since 2022-05-01
4 National Health Insurance Act (全民健康保險法) Universal healthcare coverage
5 Labour Pension Act (勞工退休金條例) Defined-contribution pension (New System, effective 2005-07-01)
6 Labour Standards Act (勞動基準法) Old pension system (defined-benefit, for pre-2005 seniority); severance pay

🟢 — All laws above are current as of April 2026.


2. 核心規定

2.1 險種清單

Taiwan's mandatory social insurance for private-sector employees comprises five programs: 🟢

Insurance Program Chinese Name Risk Coverage Since
Labour Insurance — Ordinary Accident 勞保普通事故保險 Maternity, injury/sickness, disability, old-age, death 1950
Employment Insurance 就業保險 Unemployment, parental leave, vocational training 2003
Occupational Accident Insurance 勞工職業災害保險 Work injury, occupational disease, commuting accident 2022 (standalone)
National Health Insurance 全民健康保險 Medical care (universal) 1995
Labour Pension (New System) 勞工退休金新制 Retirement savings (defined contribution) 2005

2.2 雇主負擔費率

Effective 2026-01-01 (ROC 115): 🟢

Program Premium Rate (Total) Employer Share Employer Effective Rate
Labour Insurance (Ordinary Accident) 12% of insured salary 70% 8.40%
Employment Insurance 1% of insured salary 70% 0.70%
Occupational Accident Insurance 0.04%–1.07% (industry-based) + commuting rate 100% 0.04%–1.07%+
National Health Insurance 5.17% of insured salary 60% 3.102% (per dependent adds more)
Labour Pension (New System) Min. 6% of monthly wage 100% >= 6%

🟢 — Labour Insurance ordinary accident rate is 12% for 2026. Employment Insurance is a fixed 1%. Combined total is 12% + 1% = 13%.

🟡 — Occupational Accident Insurance rates are industry-specific, set every 3 years per Article 16 of the Occupational Accident Insurance Act. The range is approximately 0.04% to 1.07% for the industry-class rate, plus a commuting accident surcharge (~0.07%). Employers with 50+ insured workers are subject to experience rating adjustments.

🟡 — NHI employer also bears supplementary premium (補充保費) at 2.11% on certain non-regular compensation items (bonuses exceeding 4 months' insured salary, etc.).

Estimated total employer burden (typical office industry):

2.3 員工負擔費率

🟢

Program Employee Share of Total Premium Employee Effective Rate
Labour Insurance (Ordinary Accident) 20% 2.40%
Employment Insurance 20% 0.20%
Occupational Accident Insurance 0% 0%
National Health Insurance 30% 1.551%
Labour Pension (New System) Voluntary up to 6% 0–6% (voluntary, tax-deductible)

Employee total mandatory deduction: approximately 4.15% of insured salary (excluding voluntary pension).

2.4 計費基數上下限

Effective 2026-01-01: 🟢

Program Minimum Base (NTD/month) Maximum Base (NTD/month) Notes
Labour Insurance (Ordinary + Employment) 29,500 (= basic wage) 45,800 16 tiers
Occupational Accident Insurance 29,500 72,800 Separate tier table
National Health Insurance 29,500 219,500 Multi-tier table
Labour Pension (New System) 29,500 150,000 62 tiers

🟢 — Basic wage (最低工資) was raised to NTD 29,500/month effective 2026-01-01. Hourly minimum: NTD 190.

🔴 — NHI maximum: official tier tables show highest bracket up to NTD 219,500 in most published tables, but some 2026 sources cite NTD 313,000 at the very top tier. The discrepancy may reflect different insured-category brackets. Verify with NHIA.

2.5 退休/年金制度

New System (勞退新制) — Labour Pension Act, effective 2005-07-01

🟢

Old System (勞退舊制) — Labour Standards Act, Chapter 11

🟢

Labour Insurance Old-Age Benefits (勞保老年給付)

🟢

2.6 工傷認定與補償

Under the Labour Occupational Accident Insurance and Protection Act (effective 2022-05-01): 🟢

Coverage scope:

Benefits:

Benefit Amount
Medical care Full coverage for occupational injury/disease treatment
Injury/sickness benefit 70% of insured salary for first 2 months; 50% from month 3 onward (max 2 years)
Disability benefit Lump sum or monthly pension based on disability grade
Death benefit Lump sum of 40 months' insured salary to survivors; monthly survivor pension available
Missing person benefit 70% of insured salary monthly during missing period

Work injury recognition (工傷認定):

Employer supplementary obligations (Labour Standards Act Art. 59):

2.7 外籍員工強制納保

🟢 / 🟡

Insurance Foreign White-Collar Foreign Blue-Collar Gold Card Holder
Labour Insurance Mandatory Day 1 Mandatory Day 1 Mandatory Day 1
Employment Insurance Excluded (unless permanent resident) Excluded Excluded (unless permanent resident)
Occupational Accident Insurance Mandatory Day 1 Mandatory Day 1 Mandatory Day 1
NHI After 6 months residency; Day 1 if under Foreign Professionals Act After 6 months residency Day 1 (Foreign Professionals Act)
Labour Pension (New System) Mandatory Mandatory Mandatory

🟡 — Under the Act for the Recruitment and Employment of Foreign Professionals (外國專業人才延攬及僱用法), foreign specialist/senior professionals are enrolled in NHI immediately upon employment, waiving the 6-month waiting period.

🟡 — Employment Insurance: only ROC nationals, foreign nationals married to ROC nationals with permanent residence, and certain categories with permanent residency. Most foreign workers are excluded.


3. 立法理由與實務見解

  1. Labour Insurance rate trajectory: The Labour Insurance fund faces projected insolvency. The government has been gradually raising the ordinary accident rate (was 7.5% in 2014, now 12% in 2026) and is studying parametric reforms including raising the insured salary ceiling and adjusting benefit formulas. 🟠

  2. Labour Pension voluntary contributions: Despite tax benefits, employee voluntary contribution rates remain low (~10% participation). Employers may contribute above the mandatory 6% as a benefit strategy. 🟠

  3. Occupational Accident Insurance reform (2022): The standalone act significantly expanded coverage (all employers, no minimum employee count), raised the insured salary ceiling to NTD 72,800, and introduced new rehabilitation and return-to-work programs. 🟢

  4. NHI supplementary premium: Since 2013, the supplementary premium (currently 2.11%) applies to six categories of non-regular income including bonuses exceeding 4 months of insured salary, part-time income, rental income, stock dividends, and professional income. 🟢


4. 法律適用邊界與實務灰色地帶

  1. Gig workers / platform economy: Workers with ambiguous employment status (e.g., food delivery riders) may not be enrolled in labour insurance by the platform company. The Occupational Accident Insurance Act expanded coverage, but enforcement gaps remain. 🟠

  2. High-salary employees and cap arbitrage: Labour insurance caps at NTD 45,800 while labour pension caps at NTD 150,000. High-salary employees receive disproportionately low insurance-based benefits relative to income. 🟠

  3. Part-time / multi-employer scenarios: Each employer must independently enroll part-time employees. NHI enrollment follows the primary employer. 🟡

  4. Domestic workers (家事移工): Foreign domestic workers are excluded from the Labour Standards Act and thus from old-system pension. They are covered by labour insurance, occupational accident insurance, and NHI. 🟢

  5. Labour pension for short-tenure foreign workers: Foreign blue-collar workers on fixed-term contracts can withdraw pension funds upon permanently leaving Taiwan (special provision). 🟡


5. 常見雇主義務清單

# Obligation Deadline Penalty for Non-Compliance
1 Enroll new employees in Labour Insurance + Occupational Accident Insurance Within 5 days of hire Fine NTD 20,000–100,000; liable for employee benefits
2 Enroll new employees in NHI Within 3 days of ARC issuance (foreigners) or hire (nationals) Fine NTD 6,000–30,000
3 Contribute labour pension (6%+) monthly By end of each month Fine NTD 60,000–300,000; back-contribution + interest
4 Report salary adjustments Within 30 days of salary change Underpayment of contributions
5 Withhold and remit employee share of premiums Monthly payroll deduction Employer becomes liable for employee share
6 Maintain payroll records for audit 5 years retention Administrative penalty
7 Pay NHI supplementary premium on applicable items Monthly or upon payment Fine + back-payment
8 Report occupational accidents Within 24 hours for serious accidents Fine NTD 30,000–300,000

6. 與其他轄區比較

Dimension Taiwan China (reference) India (reference)
Universal healthcare Yes (NHI, single-payer) Yes (UEBMI/URBMI) Partial (ESI for formal workers)
Mandatory pension type Defined contribution (individual account) Pooled fund + individual account Defined contribution (EPF)
Employer pension rate 6% minimum 16% (pension only) 12% (EPF, split EPS+EPF)
Insurance contribution ceiling NTD 45,800 (labour) / 150,000 (pension) ~3x local avg salary INR 15,000 (EPF statutory)
Occupational accident insurance Standalone law, employer-paid Part of 五險, employer-paid ESI covers work injury
Foreign worker coverage Mandatory (most programs) Mandatory since 2011 EPF mandatory; ESI if wage-eligible

7. 資料來源

  1. Bureau of Labor Insurance — 2026 Insurance Tier Table: https://www.bli.gov.tw/
  2. National Health Insurance Administration — Premium Rate: https://www.nhi.gov.tw/
  3. Labour Insurance Act: https://law.moj.gov.tw/LawClass/LawAll.aspx?pcode=N0050001
  4. Labour Pension Act: https://law.moj.gov.tw/LawClass/LawAll.aspx?pcode=N0030020
  5. Labour Occupational Accident Insurance and Protection Act: https://law.moj.gov.tw/LawClass/LawAll.aspx?pcode=N0060076
  6. Employment Insurance Act: https://law.moj.gov.tw/LawClass/LawAll.aspx?pcode=N0050021
  7. Workforce (勞動力量) — 2026 Three-in-One Table: https://twworkforce.com/2025/12/12/2026-3in1/
  8. TrendLink — 2026 Insurance Table: https://www.trendlink.com.tw/blog/insurance-act-2026
  9. Swingvy — 2026 Labour/Health Insurance FAQ: https://www.swingvy.com/blog-tw/labor-insurance-and-nhi

8. 待確認事項


Generated by Labor Law KB — 台灣 × 社會保險與法定福利 — 2026-04-10