Create a company to get NHI faster (with a JFRV)?

Legal Legal - Work
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So humour me this - I just got my JFRV based ARC and it appears I have to wait 6 months to be eligible for NHI?

If this is true, I have a backup option that I’d like evaluated. My wife is an entrepreneur and recently created her own company. Based on official information, it seems that anyone employed can get insurance right away. So the obvious question is - can I get “employed” by my wife since I have an open work permit and get NHI through that until the 6 months are up? Officially it would be minimum wage and minimum hours, with me footing both own and employer’s part of the NHI payment in reality.

Seems dumb, but it is dumb enough to work? Insurance is kinda important.

FYI I presently work remotely for a foreign client (freelancing). I think this counts as unemployed as far as the NHI authorities are concerned.

2

I assume your wife established a Co. Ltd. （有限公司）
You can be employed by that company and enroll in the NHI immediately.
Don’t forget that your wife’s company and you will also need to make labor insurance contributions. Additionally, any income paid will increase your joint taxable income. These are some additional points to consider. All in all one month of NHI will cost the two of you roughly 2,000-3,000 NT$ until you qualify to join as a dependent of your wife.

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If I remember correctly, you’d have to pay labor insurance as well, both employer and employee contributions. And you’d have to deregister everything in a few months.

Honestly you need medical attention now, just wait for 6 months. It will be less hassle for everyone - you, your wife, the accountants, and the hardworking people at the NHI.

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4

Could one register a sole proprietorship instead?

Don’t forget that your wife’s company and you will also need to make labor insurance contributions.

That’s how it’s supposed to be, according to the EY committee that evaluated the Labor Insurance Act for its compatibility or lack thereof with the ICESCR back when it had recently been ratified. However, the LY has put off amending the LIA because “a consensus between labor and management has not been reached” or something.

The relevant content is Art. 6 Par. 1 Subpar. 2:

二、受僱於僱用五人以上公司、行號之員工。
2.Workers employed by a company or firm with more than five employees;

Presumably this company of convenience would have only one employee and therefore be exempt from laobao, as long as it doesn’t fall into any of the other compulsory insurance categories.

Since OP is married, is employment insurance (jiubao) compulsory?

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5

There is nothing in the Employment Insurance Act or Labor Insurance Act which would say otherwise.

Yes, you are correct. And as you pointed out, it would be compulsory for OP to be enrolled in Employment Insurance in accordance with art. 5 of the Employment Insurance Act (就業保險法).

年滿十五歲以上，六十五歲以下之下列受僱勞工，應以其雇主或所屬機構 為投保單位，參加本保險為被保險人：
An employed worker over 15 and under 65 years of age and with one of the following statuses is required to join this employment insurance program as an insured person through his employer or the organization to which he or she belongs.
一、具中華民國國籍者。

  1. An ROC national.
    二、與在中華民國境內設有戶籍之國民結婚，且獲准居留依法在臺灣地區 工作之外國人、大陸地區人民、香港居民或澳門居民
  2. A foreign national, Mainland Chinese citizen, Hong Kong citizen or Macao citizen married to an ROC citizen and having acquired legal residency in ROC.
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