Divergent Views Between Scholars and Labor Unions on Including Labor Contracts in the Insurance Act

Legislators in Taiwan have proposed amending Article 177 of the Insurance Act to protect the labor rights of insurance agents. However, opinions are divided: scholars suggest labor issues should fall under labor laws, while labor unions demand legal amendments to secure basic rights for over 370,000 agents.
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  • 📰 Published: April 22, 2026 at 13:29
  • 🔍 Collected: April 22, 2026 at 14:01 (31 min after Published)
  • 🤖 AI Analyzed: April 22, 2026 at 14:37 (35 min after Collected)
Central News Agency

(CNA Reporter Wang Cheng-chung, Taipei, 22nd) In order to improve the labor rights of insurance agents, ruling and opposition legislators have proposed amendments to Article 177 of the "Insurance Act" and other related bills. Some scholars believe that the Insurance Act is intended to regulate the insurance industry and is not suitable for including provisions such as labor contracts, which should revert to labor laws. The National Federation of Insurance Industry Trade Unions stated that the law should be amended to protect the most basic labor rights of insurance agents.

The nature of the labor contract between insurance companies and agents—whether it falls under an "employment system" or an "independent contractor system"—has been a subject of dispute for many years. To improve the labor rights of insurance agents and ensure sound protection for policyholders, some ruling and opposition legislators have proposed drafts such as the amendment to Article 177 of the "Insurance Act."

The Finance Committee of the Legislative Yuan held a public hearing today on the "Draft Amendment to Article 177 of the Insurance Act." Invitees included Chen Yen-liang, Vice Chairperson of the Financial Supervisory Commission (FSC); Lo Chun-wei, Professor at the Department of Law, National Chung Cheng University; Chang Wei-hao, Secretary-General of the Association of Insurance Agents of the Republic of China; Chang Wei-ju, Chairperson of the National Federation of Insurance Industry Trade Unions of the Republic of China; and Chin Yi-hui, Deputy Secretary-General of the Life Insurance Association of the Republic of China, among others.

Lo Chun-wei stated that in practice, the nature of the contract between insurance companies and agents should be determined on a case-by-case basis. Regarding the legislators' proposal to amend Article 177 of the Insurance Act by adding provisions related to labor contracts and educational training, he believes that the Insurance Act is a law aimed at regulating the insurance industry. Therefore, it seems inappropriate to include matters related to labor contracts between insurance companies and agents; these should revert to the Labor Standards Act or related labor laws.

Lo Chun-wei expressed that the Insurance Act primarily deals with the supervision of the insurance industry, and it may not be entirely suitable to include matters that are not directly related to consumer rights or the operation of the insurance business.

Chang Wei-hao pointed out that AI and digital technology are changing Taiwan's financial market as well as the working patterns of insurance agents. There are over 370,000 insurance agents nationwide, serving as an important pillar of the insurance market. If the system is formulated solely by the competent authorities or business operators without the participation of grassroots agents and labor groups, it will be difficult to balance practical operations, procedural justice, and labor rights.

Chang Wei-hao noted that the current Insurance Act still hands over labor contract disputes to the Civil Code and other laws. The association argues that the FSC should establish clearer systematic regulations regarding situations where labor contracts might be established between insurance agents and their affiliated companies. This is especially true for matters that significantly affect rights, such as educational training, rewards and punishments, suspension of solicitation, revocation of licenses, and appeal and relief processes, to reinforce minimum protection principles, independent appeal mechanisms, and the institutionalized participation of labor unions.

Chang Wei-ju stated that over 90% of the annual performance of insurance companies is driven by the hard work of frontline insurance agents. However, the most basic labor rights of these agents have never received corresponding protection, which is very unfair. In Taiwan, if other employed workers suffer a loss of rights, there are labor laws to follow, and they can seek assistance from the Ministry of Labor. But insurance agents have long been in a state of insufficient appeal mechanisms and protection. Such a systemic gap is not only unreasonable but also fails to meet the state's basic requirements for the protection of labor human rights.

Chang Wei-ju emphasized that the Federation advocates amending the Insurance Act to explicitly require that when competent authorities formulate regulations involving the rights of insurance agents, they must establish mechanisms for stakeholder participation and awareness. Furthermore, they should consult with national insurance union groups to ensure that the system aligns with practical operations and the protection of labor rights. (Editor: Wan Shu-chang) 1150422

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