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兩岸四地勞工退休保障可攜性之研究 / An analysis on Possibility of Pension Portability for Interregional Mobile Workers潘智茵, Pun, Chi Ian Unknown Date (has links)
人口老化是全球趨勢,而此現象引起社會各界對退休保障的關注。此外,跨國勞工移動人數因全球化而急速上升。勞工跨國移動對於跨國界之退休保障帶來新的挑戰。作為社會的一份子,每人都應該享有社會保障的權利,但跨國移動勞工可能會面對與就業國本地勞工在社會保障上存在差別待遇之問題,甚至有機會同時失去家國及就業國的社會保障。勞工個人的流動量越大,對其退休保障所造成的影響就會越大。
會產生此類問題的原因是因為勞工跨國移動,但國家之間的退休保障制度卻沒有連接起來。此問題可以通過簽訂雙邊協議或多邊協議來解決。通過協議,就業國應提供外籍勞工與本地勞工平等待遇。協議亦可用於訂定移動勞工應該適用那一個國家的法規。同時亦可以解決投保年資中斷及分隔兩地、給付出口有設置限制等問題。雖然並非必須的,但協議可幫助協約國間之退休行政服務連結起來,為受益人帶來方便性。
保障移動勞工的權益不只單單是允許其參加退休保障制度,而且應該確保勞工受到與本地勞工同等之對待。通過訂定社會保障協議,勞工即使離國工作亦可以維持獲取退休保障之權利。社會保障可攜性,特別是退休保障,不止對勞工有利,對政府、對經濟發展亦是有益處的。
近年兩岸四地的經濟交流合作及勞工流動增加,四地之間的退休保障問題更值得關注。探討兩岸四地退休保障可攜性,可以幫助解決或至少減低四地間移動勞工之退休保障攜帶性損失。 / Aging population is a global phenomenon and this leads to the concern of social security issues. Besides, the number of international mobile workers is increasing rapidly due to globalization. International labour mobility is creating new challenges for cross national social security. Being a member of the society, everyone should have the right to social security, but international mobile workers may face the problem of having a deduction on pension benefits comparing with native workers, or even, lack of social security protection from both home and host countries. And the larger the mobility, the greater the influences are towards pension benefits.
These problems occur because of workers working abroad, but there is no connection between the social security systems between home and host countries. This can be solved by concluding bilateral agreements or multilateral agreements. Through social security agreements, the host countries should provide equality of treatment towards expatriates. Besides, agreements can also be used for the determination of the applicable legislation, as well as solving the problems of separation of insured years and restrictions on the export of benefits etc. Although it is not a must, agreements can also help in providing administrative assistance for beneficiaries.
Ensuring the right to social security of mobile workers is not only allowing them to join social security schemes, but also guaranteeing them to have equality of treatment comparing with native workers. Social security agreements can help in maintaining the right to social security for mobile workers. Portability of social security, especially on pension issue, benefits not only mobiles workers, but also government and the economic development.
The economic cooperation and labour mobility between Taiwan, China, Hong Kong and Macau is increasing in recent years, and thus brings to the attention on the pension issue for mobile workers between places. Analyze on interregional pension portability can help in solving, or at least reducing the portability loss of mobile workers among these four places.
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