我國原住民勞工參加勞工保險之研究－以營建工程業之非典型勞動為核心

原住民勞工大多從事高職災風險的工作，卻有相當比例未參加勞工保險，這可能使受災家庭落入貧窮循環。本研究旨在透過原住民勞動型態剖析及檢討勞工保險制度，以了解原住民勞工高職災卻低保障的原因，並提出改善建議，供政府相關單位未來政策規劃或法令執行之參考。本研究分析原民會每年委外研究之「原住民就業狀況調查」及勞保局內部統計資料後發現，原住民勞工參加勞保比率雖有逐年提升的情況，但每年仍約有4、5萬人未投勞保。再就行業別、投保類別及工時型態等資料進行交叉比對，發現未投保者的工作型態，主要集中於從事營建工程業的非典型勞工，這些勞工一旦發生職災，將因沒有勞保給付的及時保障，可能使家庭陷入經濟困難。經深度訪談發現，從事營建工程業之原住民勞工未參加勞保的原因，可分為六個面向：第一、經濟問題無力繳納保險費；第二、因族群文化價值差異，不習慣依賴保險制度分散生活風險；第三、原住民勞工對勞保缺乏正確認知；第四、營造業散工因流動性高且身分不易掌握，不方便投保；第五、雇主經成本評估後不願幫員工投保；第六、現行勞保體制以員工4人以下為自願投保單位，導致受僱微型企業者大多未參加勞保。本研究在政策建議上，係參酌羅爾斯(John Rawls)《正義論》之差別原則，建請政府宜透過補助原住民保險費，提升原住民勞工參加勞保的意願；制度建議上，則主張順應以社會保險取代勞動法制之國際趨勢，期望未來《勞工職業災害保險及保護法》的特別加保制度，宜從使用者角度設計簡便的申報管道，改善非典型勞工未參加勞保情形；執行建議上，保險人因應數位化，宜善用資訊科技簡化申報手續，政府亦宜加強對投保率低的行業或族群加強宣導。

關鍵字

原住民；勞工保險；福利國家體制；路徑依賴；雙元勞動市場理論；社會交換理論

並列摘要

While indigenous workers are mostly engaged in jobs with high occupational injury risks, a considerable proportion do not participate in labor insurance. Consequently, this may result in a cycle of poverty for injured workers’ families. The aim of this research is to understand the reasons for a high percentage of occupational injuries but low protection of indigenous workers. This is achieved through analysis of indigenous labor patterns and a review of the labor insurance system, while proposing suggestions for improvements that may be adopted by relevant government agencies to support future policy planning or law enforcement. In this research, the annual Indigenous Employment Status Survey (outsourced by the Council of Indigenous Peoples) and internal statistics compiled by the Bureau of Labor Insurance were analyzed. It was discovered that although the labor insurance rate of indigenous workers has increased annually, there were still approximately 40,000 to 50,000 indigenous workers each year without cover. Then, cross comparisons of data were conducted for the following categories: industry, type of insurance purchased, and the type of working hour system. It was determined that uninsured indigenous workers were mainly atypical workers engaged in the construction engineering industry. In the event of an occupational accident, these workers were unable to obtain timely protection of labor insurance benefits, which may cause their families to experience financial difficulties. In-depth interviews were also conducted, from which it was found that the reasons for not purchasing labor insurance could be categorized into six factors. First, insurance premiums could not be met due to economic factors; second, they were not used to relying on the insurance system to disperse life risks due to differences in ethnic cultural values; third, they lacked a correct understanding of labor insurance; fourth, casual workers in the construction industry were highly mobile and difficult to manage, making it difficult to purchase labor insurance for them; fifth, employers were unwilling to purchase labor insurance after cost assessment; and sixth, in the current labor insurance system, an entity with four or fewer employees, labor insurance should be purchased by employees themselves; as such, most employed by micro-enterprises were not insured. This research refers to the difference principle in John Rawls' A Theory of Justice for policy suggestions. Government can increase indigenous workers’ willingness to participate in labor insurance by subsidizing their insurance premiums. From a system perspective, it is hoped that in line with the international trend of replacing labor insurance with social insurance, the special insurance system stipulated in the future Labor Occupational Accident Insurance and Protection Act can design a simple application channel from the user's point of view to improve issues with a lack of insurance for atypical workers. In terms of implementation, insurers should make good use of information technology (in response to government digital policy) to simplify the application procedure and enhance awareness-raising events for industries or groups with low insurance coverage.