특수형태근로종사자 산재보험 적용방안

Abstract

In oder to examine the caregivers` situation in regard to their working conditions as well as their economic dependence, twelve caregivers and two executive officers of caregivers` associations were thoroughly interviewed for this study. The analysis of the interviews reveals that caregivers are exposed to bad working and health conditions. Due to the ceaseless work with their patients, caregivers are not sufficiently protected from diseases such as diseases affecting the muscular skeletal system, eye diseases (e.g. xerophthalmia) and contagious infections of their patients (e.g. skin diseases, tubercle). Their own medical treatment has to be paid by the caregivers themselves. The application of the industrial accident compensation insurance for caregivers ist therefore urgently needed. The interviewed caregivers work in hospital and sanatoriums. Regarding their payment, some were directly paid by the patients while others were paid by the hospital/sanatorium or by the caregivers` associations. Futhermore, the interviews show that caregivers did not employ any other persons. These results of the study comply with article 125 para. 1 no. 1 and 2 of the Industrial Accident Compensation Insurance Act (Special case for persons in special types of employment) which provides: "1. They should routinely provide the business or workplace with labor service necessary for the operation thereof, be paid for such service and live on such pay; and 2. They should not use other persons to provide the labor service". The Industrial Accident Compensation Insurance could be applicable for caregivers in the following way: As a compulsory insurance scheme; caregivers and the medical institutions (hospital/sanatorium) each pay 50 % of the premium costs; in oder to determine the premium costs, the average monthly income depending on the type of working conditions and hours-e.g. a 24-hours-6-day per week type or shiftwork-have to be the basis.