The Effectiveness of the Labor Insurance after the Insured Units Withdraw from Insurance Coverage due to the Employer's Illegal Dismissal—Interpretation and Comments on the Judgement of Taichung High Administrative Court Year 2015 Chien-ShangTze No. 66
|英文摘要||According to the Article 11 of the Labor Insurance Act, the fact that worker had been employed is as the essentials for the effectiveness of labor insurance. Employment relationship is based on the employment contract. The employer who dismissed the employee illegally, had delayed accepting the services, and the employee may demand for his remuneration. After the court decided that the Employment relationship continued to exist, the labor insurance relationship certainly continues to exist. The Bureau of Labor Insurance shall revoke the illegal administrative act for withdrawing from insurance coverage, and shall restore the insured employee to the status quo before he was dismissed. If the Bureau of Labor Insurance had refused to do so, the insured employee may file administrative relief. The appealing agency and the administrative court shall revoke the previous administrative act for withdrawing from insurance coverage.
|關鍵詞||勞工保險關係、違法解僱、雇主受領遲延、僱用關係、註銷退保紀錄、Labor insurance relationship、Illegal dismissal、The employer delays accepting the services、Employment relationship、Cancellation of record for withdrawing from insurance coverage|
|DOI||10.3966/102559312020070302012 複製DOI DOI申請|