The new Work Injury Compensation Act – steps towards enhanced protection for employees and employers (Japanese)

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新労働災害補償法(Work Injury Compensation Act)― 事業主及び労働者に対する保護強化に一歩前進

2019年9月3日、2019年労働災害補償法(Work Injury Compensation Bill)改正法案(以下「本法案」という。)が可決されました。現行の労働災害補償法(以下、「WICA」という。)に対する大幅な本改正は事業主と労働者双方の保護強化を目的に施されます。本法案は事業主及び保険業者に対し改正への対応期間を設けるため、2020年9月1日に施行されることとなります。その他関連法規への改正についても、2020年1月以降に施行される予定です。

主要な改正点は、以下の通りです。

i. 情報共有と区別化された保険料

現在、保険業者間で事業主の過去の請求履歴については共有されていません。しかし、本法案下での変更により事業主の過去の請求履歴に関して労働災害補償に指定された全ての保険業者は閲覧が可能になります。そして、低い安全評価を受けた事業主は高い保険料を課され、高い安全評価を受けた事業主については、低い保険料の支払いとなります。これは企業に対し安全水準の改善を奨励するだけでなく、安全評価に基づいたより公平で区別化された保険料システムを導入することになり、高い安全評価を受けている事業主は低い安全評価の付いた事業主の保険料までカバーする必要がなくなります。

ii. 拡大された強制保険加入範囲

本法案は、職場に関係なく月給S$2,600以下の事務系労働者にまで強制保険加入範囲を拡大しています。以前は工場労働者又は月給S$1,600以下の労働者のみとされていました。今回、月給範囲を2段階に分け拡大する予定で、2020年4月1日にS$2,100、2021年4月1日にS$2,600へと広がります。本変更により約300,000人の労働者が事業主による強制保険に追加でカバーされることとなります。

iii. 労働災害に対する適切な査定

本法案は不十分な治療や傷病休暇の日数不足等の問題点に関し対処することになります。診察が適切に行われなかったと考えられる、又は付与された傷病休暇期間が不十分であるとみなされた場合、労働者は事業主の同意なしに別の医師の診察を受けることができます。また、事業主は全ての労災による傷病休暇及び軽減された仕事量を任されることになった労働者の情報に関してMOMに報告する必要があります。この改正は事業主が少ない傷病休暇数を与えたいことを理由に医師に対し圧力をかける等を防止するために施されます。

iv. 補償範囲の拡大とより高額な補償限度額

本法案では労災で軽度の仕事を与えられることになった労働者が最低でも2週間の傷病休暇、及び軽度の仕事に従事していた期間の給与が減額されていた場合には、平均月給額の給付を補償することを確約することになります。2020年1月1日以降、死亡につきS$225,000、永久障害につきS$289,000へと最大補償額の増額を規定しており、これは賃金や医療費の上昇を考慮したもので、現行上限から10%の増加となります。加えて、医療費の最大補償額の上限はS$36,000からS$45,000に引き上げられます。

v. より迅速かつ改善された請求プロセス

永久障害を伴ったケースの中には、障害査定が長期に及ぶものもあり、解決に至るまで6か月以上を有する場合もあります。本法案は、事故から6か月後の最も早い段階の障害状態に基づき、より迅速な補償をすることを規定しています。以前は、MOMが死亡・永久障害請求につき対応し、保険業者が一時的就業不能に関する請求を扱う形を取っていましたが、効率化を図り、全請求は認定された保険業者が請け負うことになります。

vi. 保険適用範囲及び不正請求に関する事業主への保護

これまで事業主は、リスクが想定される事態まで範囲がカバーされていないWIC保険を不注意に購入することもありました。今回、WICAに準拠する明記された一連の標準約款が導入されることで、事業主は十分な保険範囲を保証されます。WICA規格に類似した保険を提供した者に対して最大S$80,000の罰金が科され、その提供した保険が規格に沿ったようであったとしても、WICAに則して補償責任を負います。WICA規格の保険を提供した非認定の者に対しても最大S$80,000の罰金が科されます。

結論

本法案における改正点は広範囲に渡り、労働者保護だけでなく、ある観点からは事業主保護強化も念頭においています。事業主の方々につきましては、改正点について熟知され、本改正案施行前の早い段階でWIC保険提供会社と連携し、本法案がご自身の会社にどう影響するか十分に把握しておく必要があるでしょう。


デントンズ・ロダイク法律事務所は本稿執筆に協力してくださったプラクティス・トレイニーMs. Michelle Wongに感謝申し上げます。


【日本語版翻訳】デントンズ・ロダイク法律事務所 ン・スジェン(弁護士)/林 英里香(リーガルエクゼクティブ)


 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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