The Bureau of Labor Insurance admits! She was denied maternity leave insurance on the first day of work, but was sued for refusing | Apple News | Apple Daily

On the first day of employment, a worker takes maternity leave and does not go to work. Can I add employment insurance? Lin Ziyuan, an interim history teacher at Hsinchu City, Pei British Middle School, rarely encountered this problem. The Bureau of Labor Insurance refused to allow her to add insurance because she had been hospitalized for childbirth on the day of her appointment on August 20 of the previous year and had not come to work at all. Lin Nu was unwilling to lose her rights and interests in employment insurance and filed an administrative lawsuit against the Bureau of Labor Insurance to seek justice.

The Taipei City Court held that on July 6 of the previous year, Lin Nu went to the school to report to the school to receive the employment letter, and the employment insurance would go into effect. The appointment to take maternity leave on the day of employment on August 20 did not harm her insurance rights, thus revoking sanctions such as denial of insurance by the Bureau of Labor Insurance. Lin Nv won the case and may be covered by employment insurance on August 20 of the previous year. Subsequently, the Labor Insurance Office did not appeal and the whole case was confirmed.

An “Apple News” reporter visited Hsinchu Pei UK for an interview. Lin Nu was concerned that the case might cause problems for the school. After arguing with his family, he hoped the whole incident would come to an end as soon as possible. I am happy and satisfied to meet a good judge. “

This dispute over denial of insurance by the Bureau of Labor Insurance occurred on the summer vacation of the previous year. Lin Ziyuan, who has worked as an interim Hsinchu Pei history teacher in the UK for many years, is fired and removed from employment insurance during the summer holidays on July 1 of each year. , He agreed to take office on August 20 and rejoin the labor insurance.

Unexpectedly, from August 19 to 23 of the previous year, Lin Nv was hospitalized for childbirth and was unable to take up her job on August 20. The Bureau of Labor Insurance rejected the school insurance for Lin Nv on the grounds that it did not actually come with the employee. After the incident, the school assisted Lin Nu in requesting the deliberation of the Bureau of Labor Insurance, and Lin Nu’s request was also rejected, so he filed an administrative lawsuit with the Taipei District Court for justice.

Lin Nv argued that, according to Article 9 of the Labor Insurance Regulations and a letter from the Labor Committee, under certain conditions, employers can still insure female workers if they remain at work without pay or give birth during pregnancy, and they must follow the Implementation Rules of the Labor Insurance Regulation. The policy cannot be waived.

Lin Nv said that at the end of the semester in July of the previous year, she was fired and rehired as a substitute history teacher for training in the UK. The employment period began on August 20, 2018, but on the night of August 19, she was hospitalized for maternity leave due to pregnancy delivery 2 She was approved by the school and, already in July, she entrusted her family to go to school to enroll. The school also added employment insurance for her on August 20 of the same year. The Occupational Insurance Bureau should accept it according to the law and allow you to add insurance.

Lin Nv also said that August 20, 2018 coincides with summer vacation and the teacher does not need to attend school. If the Bureau of Labor Insurance rejects the insurance on the grounds that she does not attend school the same day, all teachers must withdraw the insurance during winter and summer break. Insurance can only be renewed after the start of school, but this is neither normal nor unreasonable. Therefore, the court asked the court to revoke the original termination review, petition, and insurance denial from the Bureau of Labor Insurance, and agreed to apply for the insurance on August 20, 2018.

The Bureau of Labor Insurance argued that Article 9 of the Labor Insurance Regulations and the Implementing Rules stipulate that workers who are absent due to injury or illness can continue to be insured or cannot renounce insurance. This refers to workers who have been employed and have qualified for additional insurance. However, Lin Nu did not come to school to enroll on the day of enrollment and was not eligible for continued enrollment, and the employment insurance was insurance at work. Workers must have real work data before they can apply for registration.

The Occupational Insurance Bureau emphasized that Lin Nuo was not working on August 20, 2018 and was insured for Lin Nuo in the UK, which does not comply with Article 11 of the Occupational Insurance Regulations. The insured unit must declare the insurance on the day the worker arrives. Therefore, cancellation Lin Nuo is eligible for insurance on August 20, 2018, and only accepts insurance on the day after Lin Nuo arrives at work on October 19 of the same year.

The judge believed that Lin Nu had been recruited as an agent teacher of Chinese history in the UK since August 20, 2015. She resigned her appointment on July 1 and renewed her appointment on August 20 of the same year. This is typical practice for an annual appointment of an agent teacher. Whether the substitute teacher system is appropriate is not the focus of the investigation in this case. The court could not bear the criticism, but the school announced on July 5, 2018 that Lin Nv was appointed as a substitute teacher. Family members arrived at the school the next day to complete the registration procedure, and the appointment letter was issued on July 12. The employment contract has been established.

The judge noted that while Lin Nu did not take maternity leave on August 20, 2018, when the employment contract went into effect, she went to the school to “register” as of July 6. It must also be calculated from the same day. Furthermore, Lin Nu was allowed to take maternity leave in accordance with the “Teachers Law”. Although you were not working on the day of employment, it would not interfere with your rights and interests. As punishment for the refusal, Lin Nu was allowed to purchase insurance as of August 20, 2018. Neither party appealed after the incident and the entire case was confirmed.

Pan Zhihui, the principal of Pei British High School, said that we value good teachers, especially good performance will directly contribute to children’s learning. The school also sees Master Lin’s efforts. As for labor day (August 20 is summer vacation), will it be On a specific work day, for school, all lesson preparation (during summer vacation for teacher) is the responsibility of the teacher . Therefore, with consideration of law, reason, and emotion, the teacher will be supported and the judgment of the court will also be respected.

In response, Yang Ruoxin, head of the Organization Section of the Occupational Insurance Bureau, noted that the court determined that Lin Nv was rehired by the school in early July 2018 and reported that he received the appointment letter. On appeal, Lin Nv’s eligibility for insurance was reinstated on August 20, 2018. If there are similar cases in the future, the Bureau of Labor Insurance will handle it carefully to protect the rights of the interim teacher.

As for Lin Nv’s disqualification for maternity leave without taking a job, will it affect her maternity benefits? Yang Ruoxin said that female workers with job insurance can apply for maternity benefits with a two-month salary as long as they are pregnant, while Lin Nui is eligible for job insurance when pregnant and has already applied for maternity benefits, which will not affect subsequent rights and interests such as childcare allowances.

And what is the acting teacher’s salary? Hou Junliang, president of the whole church, said that the interim teacher’s monthly salary is about 30,000 to 40,000, depending on the teacher’s academic experience and the actual content of teaching. Lin Nv applied for two childbirth benefits, which fell between 60,000 and 80,000. Yuanjian. (Zhang Qin / Taipei Report)

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