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Title: Review Standards and Employment Qualifications for Foreign Workers Engaging in Work Specified in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Employ-ment Service Act CH
Amended Date: 2022-08-15
Category: Ministry of Labor(勞動部)
Attachment:
Chapter I General Provisions
Article 1
These Standards are set up pursuant to the provisions of Paragraph 2, Article 46 and Para-graph 7, Article 52 of the Employment Service Act (hereinafter referred to as the Act).
Article 2
In order to be employed for work specified in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act, the qualifications of foreign workers must comply with the standards stipu-lated herein.
Article 3
Foreign workers hired to engage in ocean fishing work referred to in Subparagraph 8, Par-agraph 1, Article 46 of the Act, should be employed as senior or ordinary crew members, undertaking caged aquaculture and related manual work, not as a captain or powered boat driver.
Article 4
Foreign workers hired to engage in work referred to in Subparagraph 9, Paragraph 1, Arti-cle 46 of the Act, have the following work responsibilities:
1. Live-in home help work: living with a family and performing house cleaning, cooking tasks, while taking care of the daily needs of family members or other related household work.
2. Institutional care work: take care of the daily lives of disabled residents or patients and related work in institutions or hospitals stipulated in Article 15.
3. Live-in care work: take care of the daily lives of disabled individuals or patients and re-lated work in their homes.
Article 5
Work designated by the Central Competent Authority in accordance with Subparagraph 10, Paragraph 1, Article 46 of the Act includes the following responsibilities:
1. Manufacturing work: Direct involvement in the manufacture of manufacturing industry products or related manual work.
2. Outreach manufacturing work: Dispatched by an employer to an outreach manufacturing service contract work location to engage directly in the manufacture of manufacturing in-dustry products or related manual work.
3. Construction work: Direct involvement in construction work or related manual work at a construction site or related location.
4. Slaughterhouse work: Direct involvement in slaughterhouse work or related manual work.
5. Outreach agricultural work: Dispatched by an employer to an outreach agriculture ser-vice contract work location to engage directly in agricultural, forestry, animal husbandry or aquaculture work or related manual work
6. Agriculture, forestry, animal husbandry or aquaculture work: Direct involvement in ag-ricultural, forestry, animal husbandry or aquaculture work, or related manual work at agri-cultural, forestry, animal husbandry or aquaculture work locations.
7. Other work designated by the Central Competent Authority:
Article 6
Work specially approved by the Central Competent Authority in accordance with Subpara-graph 11, Paragraph 1, Article 46 of the Act includes the following responsibilities:
1. Bi-lingual translation work: foreign workers engaged in work stipulated in the Standards engaged in guidance and management related translation work.
2. Chefs and related work: foreign workers engaged in work stipulated in the Standards cook food and undertake related tasks.
3. Intermediate skilled work: Individuals compliant with the provisions on seniority, skills and salary stipulated in Chapter 14 can engage in the following work:
(1) Intermediate skilled ocean fishing work: Ocean fishing work on a fishing boat or in a caged aquaculture businesses zone as defined in Article 15.
(2) Intermediate skilled institutional care work: Helping with the daily needs and care of disabled residents or patients in care institutions or hospitals as defined in Article 15.
(3) Intermediate skilled live-in care work: Attending to the health care of individuals who are disabled or patients in a home environment as defined in Article 18.
(4) Intermediate skilled manufacturing work: Engaging in skilled work, the operation of mechanical equipment or assembly work related specialized manufacturing processes as defined in Article 24.
(5) Intermediate skilled construction work: Engaging in skilled work, the operation of mechanical equipment or assembly work on a project as defined in Article 42 or Article 43.
(6) Intermediate skilled outreach agricultural work: Engaging in agricultural production work at an outreach agricultural service contract work location as defined in Article 53.
(7) Intermediate skilled agricultural work: Engaging in orchid, edible mushroom and vege-table related agricultural production work at sites defined in Subparagraph 2, Paragraph 1, Article 56.
(8) Other intermediate skilled work at locations designated by the Central Competent Au-thority in consultation with the central competent authority in charge of the target business.
4. Other work specially approved by the Central Competent Authority:
Article 7
Foreign workers employed to undertake work stipulated in the Standards must not have engaged in any of the following behavior:
1. Violations of the regulations in Article 43 of the Act.
2. Violations of the provisions of Subparagraphs 1 to 3, Article 73 of the Act, by being ab-sent without leave for three consecutive days and out of contact, as well as one of the regu-lations stipulated in Subparagraphs 5 to 7 of the same Article.
3. Refusal to take a health examination or submission of false samples.
4. Failure of a health examination.
5. When the accumulated employment time of individuals employed in the Republic of China to engage in work listed in Articles 3 to 5 exceeds the duration prescribed in Para-graphs 4 or 6, Article 52 of the Act. However, this does not apply to those foreign workers employed to engage in work referred to in the previous article.
6. When an individual’s work expertise does not match the job for which they originally applied.
7. When an individual does not have documents attesting to good behavior.
8. When an individual is under 16 years old.
9. Foreign workers previously hired to engage in work stipulated in the Standards who could not be contacted for three consecutive days in the following periods:
(1) Foreign workers who have not obtained an employment permit after being in the Re-public of China for less than three days;
(2) Foreign workers who have less that three days remaining on their employment permit.
(3) During the period when a local competent authority is settling or transferring a foreign worker to a different employer or when he/she is legally required to leave the country but fails to comply.
10. Violations of other employment qualifications stipulated by the Central Competent Au-thority.
Article 8
Foreign workers employed to engage in work detailed in Article 4 must be 20 years old or older and possess one of the following qualifications:
1. Have passed a health examination at an overseas hospital approved by the central com-petent health and welfare authority of the Republic of China, or attended and passed a training program at a training facility designated by the competent labor authority in the country of origin, before entering the Republic of China, or have engaged in the same work in the Republic of China for six months or longer.
2. On arriving in Taiwan, foreign workers employed as live-in caregivers or home help are required to attend orientation classes lasting eight hour or longer at a location designated by the Central Competent Authority and obtain a certificate indicating they completed the class. However, this does not apply to individuals who attended the class within the past five years.
The class in Subparagraph 2 of the above paragraph includes the following:
(1) Laws relating to the employment and management of foreign workers.
(2) Laws relating to labor rights in the Republic of China.
(3) Public health and pandemic prevention related information.
(4) Information on adapting to life and work in the Republic of China.
(5) Other regulations approved by the Central Competent Authority.
Article 9
When an employer applies to employ foreign workers to engage in the following work, the total number hired pursuant to the provisions of Subparagraph 1 or Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act must not exceed 50 percent of the average number of employees hired per month in the one year period preceding the two months before the date the application was filed.
1. Ocean fishing work and intermediate skilled ocean fishing work pursuant to Subparagraph 3, Article 10.
2. Manufacturing work or intermediate skilled manufacturing work.
3. Outreach agricultural work or intermediate skilled outreach agricultural work.
4. Agriculture, forestry, animal husbandry or aquaculture work or intermediate skilled Agriculture, forestry, animal husbandry or aquaculture work pursuant to Subparagraph 2, Paragraph 1, Article 56.
The average number of employees per month mentioned in the above paragraph is calculated based on the number of workers with labor insurance included on the same labor insurance certificate number.
When an employer applies to employ foreign workers to engage in construction work or intermediate skilled construction work, the total number employed pursuant to the provisions of Subparagraph 1 or Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act must not exceed 50 percent of the number calculated based on the Project Finance Methodology and Manpower Demand Model. However, this does not apply when the Executive Yuan approves an increase in the foreign worker allocation ratio.
Chapter II Ocean Fishing Work
Article 10
The employers of foreign workers hired to engage in ocean fishing work referred to in Ar-ticle 3 are required to possess one of the following qualifications:
1. A fishing boat operator with total gross tonnage of 20 tons or above and a fishing license issued by the competent authority for the target business.
2. A fishing boat operator with powered fishing boats under 20 tons of total gross tonnage and a fishing license issued by the competent authority for the target business.
3. A caged aquaculture businesses zone designated fishing industry license issued by the authority in charge of the target business or a caged aquaculture entry certificate issued by an exclusive fishing rights holder.
Article 11
The total number of foreign workers employed to engage in ocean fishing work pursuant to Subparagraphs 1 and 2 of the preceding Article shall include the following and cannot ex-ceed the number of crew permitted on the fishing boat license.
1. Number of foreign workers on an initial recruitment application.
2. Minimum number of senior crew permitted on an ocean going vessel or required crew compliment on a small powered boat; minimum of one.
3. Number of workers on an application for a recruitment permit, number of workers granted a recruitment permit and number of foreign workers already employed.
Minimum number of senior crew permitted on an ocean going vessel, or required crew compliment on a small powered boat referred to in the preceding paragraph, shall be de-termined by regulations publicly announced by the central competent authority in charge of the target business and the related provisions of the Small Vessel Management Regulations.
When the number of domestic crew on the same fishing boat is more than the minimum number of crew allowed for ocean going vessels referred to in the preceding paragraph, the number of ocean going crew must be recorded.
The number of employed foreign workers referenced in Subparagraph 3, Paragraph 1 should also include those workers engaged in intermediate skilled ocean fishing work.
Foreign workers employed to engage in ocean fishing work by employers detailed in Sub-paragraph 3 of the previous Article are required to comply with the aquaculture area speci-fied on the fishing industry license or fishing business entry certificate, where the employer can hire one foreign worker per half hectare. However, the number of foreign workers can-not exceed two-thirds of the total number of domestic workers employed.
The number of domestic workers referred to in the previous paragraph, is calculated based on the average number of employees with labor insurance on the same insurance certificate number per month in the one year period preceding the two months before the application.However, if the employer’s labor insurance is not compulsory pursuant to Article 6 of the Labor Insurance Act and he/she does not establish an insurance coverage unit, a certified document verified by the municipal or county (city) government competent fishing au-thority must be submitted.
If employers referred to in Subparagraph 3 of the previous Article work with a partner in the caged aquaculture industry detailed in Article 3, the partnership must be notarized and a list of partners be verified by the municipal or county (city) government competent fish-ing authority. In addition, the number of partners should be included in the calculation of domestic workers in the previous paragraph.
The number of foreign workers employed pursuant to Paragraph 5 should also include in-termediate skilled ocean fishing workers.
Chapter III Live-in Home Help Work
Article 12
When an employer applies to recruit foreign workers to engage in live-in home help work as referenced in Subparagraph 1, Article 4, one of the following situations must pertain:
1. The applicant must have three or more children aged six and under.
2. The applicant must have four or more children aged 12 and under, with two six years old or younger.
3. The applicant must have accumulated 16 sixteen points.
The individuals or related points referred to in the subparagraphs of the preceding para-graph do not include those who have a different household registration from the employer, have already applied to hire a live-in caregiver, intermediate skilled live-in caregiver or are already counted as applying for live-in home help.
The calculation of accumulated points referred to in Subparagraph 3, Paragraph 1, is un-dertaken pursuant to the provisions of Addendum 1 and includes the number of children under the age of six the employer has, direct blood relatives or step parents, a spouse’s par-ents or step parents aged 75 and above.
Article 13
Employers of foreign workers hired to engage in live-in home help work referred to in Subparagraph 1, Article 4 are required to comply with one of the following conditions:
1. Foreign employees hired as general managers or above at companies that have foreign investment of NT$100 million or more; or foreign employees hired as department heads or above at companies with foreign investment of NT$200 million or more.
2. Foreign employees hired as general managers or above at companies that had annual turnover of NT$500 million or more the previous year; or foreign employees who are em-ployed as department heads or above at companies that had annual turnover of NT$1 bil-lion or more the previous year.
3. Foreign employees who earned an income of NT$3 million or more the previous year and paid individual income tax in the Republic of China; or foreign employees hired in a senior management position or higher at a company, foundation, corporation or interna-tional non-profit making organization, and whose monthly income was NT$250,000 or higher in the current year.
4. Evidence confirmed by the central competent authority for the target business that a for-eign employee served as a senior official or core technical member of a research and de-velopment team in an overseas startup company taken over by another company for US$5 million or more.
5. Evidence confirmed by the central competent authority for the target business that a foreign employee served as a senior official or core technical member of a research and development team in an overseas startup company that was successfully publicly listed.
6. Evidence confirmed by the central competent authority for the target business that a for-eign employee served as a senior official at a venture capital company or fund that invested US$5 million or more in overseas startups or businesses.
7. Evidence confirmed by the central competent authority for the target business served that a foreign employee served as a senior official at a venture capital company or fund that invested US$1 million or more in domestic startups or businesses.
Foreign employees referred to in Subparagraph 3 of the preceding paragraph who have an annual income of NT$2 million or more, or monthly income of NT$150,000 or more, and prior to being hired for a position in the Republic of China were employed as a foreign home help overseas, can be employed to work as a live-in home help in the Republic of China.
When employers referred to in Subparagraphs 4 to 7, Paragraph 1, apply to re-recruit for-eign workers they are required to submit evidence of the work performance of the employ-er in the Republic of China, approved by the central authority for the target business.
The application conditions for foreign general managers in Paragraph 1 apply equally, mu-tatis mutandis, to the managerial personnel of foreign branch companies and representa-tives from the representative offices of foreign branch companies.
Article 14
Employers who employ live-in home help pursuant to the provisions of the previous two Articles are limited to one home help per household.
The total number of hired foreign workers referenced in the previous paragraph includes the following numbers:
1. Number of foreign workers on an initial recruitment application.
2. Number of workers on an application for a recruitment permit, number of workers with recruitment permits, and number of foreign workers already employed
3. Number of foreign workers permitted to transfer employers or work who have not yet received continued employment from a new employer or left the Republic of China.
Chapter IV Institutional Care Work
Article 15
Employers of foreign workers hired to engage in institutional care work referred to in Sub-paragraph 2, Article 4 are required to comply with one of the following conditions:
1. Long-term care facilities, care institutions, nursing home institution, or social welfare organizations, that take in and care for moderate to more severely disabled individuals, in-cluding patients with mental illnesses or dementia.
2. Nursing homes, hospitals for patients with chronic illnesses or general hospitals, ordi-nary hospitals or specialist hospitals with beds for patients who have chronic illnesses or require respiratory care.
3. Long-term care facilities established under the Long-Term Care Services Act that pro-vide residential services.
Article 16
The total number of foreign workers hired by employers referred to in the previous Article to engage in institutional care work shall be limited as follows:
1. Institutions referred to in Subparagraph 1 in the previous Article can hire one foreign caregiver for every three residents.
2. Institutions or hospitals referred to in Subparagraphs 2 and 3 of the previous Article can hire one foreign caregiver for every five legally registered hospital beds.
The total number of foreign workers referred to in the preceding paragraph must not ex-ceed the number of domestic caregivers.
The calculation of the number of domestic caregivers referred to in the preceding para-graph is based on the number of employees insured by the employer on the date of the ap-plication for a recruitment permit.
Article 17
The total number of foreign institutional caregivers hired by employers referred to in the preceding Article should include:
1. Number of foreign workers on an initial recruitment application.
2. Number of foreign workers permitted to transfer employers or work who have not yet received continued employment from a new employer or left the Republic of China. However, foreign workers in the following situations are not included in the calculation:
(1) Number of foreign workers an employer seeks to continue employing when he/she applies to the Central Competent Authority for re-recruitment four months or more before the workers’ employment permit ends.
(2) Number of foreign workers when the factual basis for the original recruitment permit changes and the employer is unable to apply for replacement recruitment, re-recruitment or employment.
Chapter V Live-in Caregiving Work
Article 18
When foreign workers are hired to engage in live-in care giving work referred to in Sub-paragraph 3, Article 4, care recipients under their care are required to comply with one of the following conditions:
1. Individuals must have one of the conditions listed in the Specific Severe Physical and Mental Disabilities Categories.
2. Individuals under the age of 80 determined as requiring all-day care by a professional evaluation conducted by a team from a medical institution.
3. Individuals age 80 or over determined to be severely dependent on nursing services by a professional evaluation conducted by a team from a medical institution.
4. Individuals age 85 or over determined to be moderately dependent on nursing services by a professional evaluation conducted by a team from a medical institution.
Those who have accumulated enough points to apply for a live-in home help pursuant to Article 12 shall not be classified as a care recipient defined in the previous paragraph.
The Specific Severe Physical and Mental Disabilities referred to in Subparagraph 1, Para-graph 1 are listed in Addendum 2 or the Disability Assessment Items and Standards ap-proved by the Central Competent Authority.
Medical institutions referred to in Subparagraphs 2 to 4, Paragraph 1 are announced by the Central Competent Authority in consultation with the central health and welfare authority.
The professional assessment referred to in Subparagraphs 2 to 4, Paragraph 1 are an-nounced by the central health and welfare authority.
Article 19
If a care recipient meets the eligibility criteria listed in Addendum 3 and the employer has previously received approval from the Central Competent Authority to employ foreign workers, when applying for re-recruitment the care recipient does not have to undergo the professional evaluation conducted by a medical institution detailed in the previous article.
Article 20
When foreign workers engaged in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act, other than being required to be compliant with other requirements specified in the Standards, have also worked for 12 years in the Republic of China, or will have worked for 12 years within one year, and have accumulated 60 points pursuant to the provisions of Addendum 4, when an employer applies to hire them as a live-in caregiver they will be permitted to work in the country for an accumulated 14 years.
Article 21
When foreign workers are employed to engage in live-in care giving work referred to in Subparagraph 3, Article 4 of the Standards, the employer and care recipient are required to have one of the following relationships:
1. Spouse.
2. Direct blood relative.
3. Collateral blood relations within three degrees of kinship.
4. Step parents, stepchild, spouse’s parents or step parents, spouse of children or step chil-dren.
5. Spouse of grandparents and grandchildren, step grandparents and grandchildren, spouse of step grandparents and grandchildren.
When the employer or care recipient is a foreign national, they are required to have a per-mit issued by the competent authority to reside in the Republic of China.
If the care recipient does not have relatives in the Republic of China, or their circumstances lead to them being designated a special case by the Central Competent Authority, only then can a person who is not a relative of the care recipient or the care recipient be designated the employer when applying to hire a foreign worker. However, when the care recipient is designated an employer, he/she shall designate a person with full legal capacity to perform employer responsibilities when the care recipient is unable to do so.
Article 22
Foreign workers hired by an employer referred to in the preceding Article to engage in live-in care giving work or intermediate skilled live-in care giving work are limited to one caregiver per care recipient. However, if the care recipient has any of the following condi-tions an additional caregiver can be hired:
1. Disability manual or certificate that indicates the individual is in a vegetative state
2. When a professional medical evaluation classifies a care recipient as scoring zero on the Barthel Index and there is no chance of improvement for a six month period.
The total number of foreign worker in the previous paragraph should include the following:
1. Number of foreign workers on an initial recruitment application.
2. Number of workers on an application for a recruitment permit, number of workers with recruitment permits and number of foreign workers already employed
3. Number of foreign workers permitted to transfer employers or work who have not yet received continued employment from a new employer or left the Republic of China.
Article 23
If, while the employment permit of a foreign worker hired to engage in live-in care giving work or intermediate skilled live-in care giving work remains valid, the competent authori-ty determines the employer has violated the provisions of Subparagraph 3 or 4, article 57 of the Act, the Central Competent Authority will order the employer to arrange for the care recipient to receive a professional reevaluation at a designated medical institution within a set period of time.
If the employer fails to comply within the time frame laid down by the Central Competent Authority, or the professional medical evaluation determines the care recipient is no longer eligible under the provisions of Paragraph 1, Article 18 or the previous Article, the Central Competent Authority will revoke the employer’s recruitment permit and employment per-mit in part or in whole pursuant to the provisions of Article 72 of the Act.
Chapter IV Manufacturing Work
Article 24
For foreign workers employed to engage in manufacturing work referred to in Subpara-graph 1, Article 5, when the employer’s factory requires working in environments with ab-normal temperatures, dust, toxic gas, organic solvents, chemicals, non-automated opera-tions and other specialized manufacturing operations, or where the central competent au-thority in charge of the target business or the free trade port administration certifies that the main product of the industry conforms to the provisions of Addendum 5, the employer can apply for an initial recruitment permit for the employment of foreign workers.
Specialized manufacturing processes that conform to the previous paragraph but are not included in the industries listed in Addendum 5 can be approved by the Central Competent Authority after consulting with the central competent authority in charge of the target busi-ness.
The Central Competent Authority, central competent authority in charge of the target busi-ness and free trade port administration are required to conduct on-site inspections pursuant to the previous two paragraphs.
Article 25
When foreign workers are employed by employers referred to in the previous Article to engage in manufacturing work and those employers seek accreditation of a specialized manufacturing process from the Central Competent Authority, central competent authority in charge of the target business or free trade port administration, the allocation ratio, num-ber of hired employees and total number of employed foreign workers as part of an initial recruitment application must conform to the provisions of Addendum 8.
The average number of employees referred to in the previous paragraph does not include foreign workers employed pursuant to the provisos of Paragraph 1, Article 26 and provisos in Paragraph 3, Article 28.
Article 26
The ratio of initially recruited foreign workers applied for by an employer in accordance with the previous Article to the total number of employed foreign workers can be increased based on the following conditions. However, the total shall not exceed 40 percent of the average number of employees per month hired by the employer in the year preceding the two months prior to the application:
1. If the ratio is increased by 5 percent, the employer is required to pay an extra NT$3,000 employment security fee for each foreign worker per month.
2. If the ratio is increased by 5 percent to 10 percent, the employer is required to pay an extra NT$5,000 employment security fee for each foreign worker per month.
3. If the ratio is increased by 10 percent to 15 percent, the employer is required to pay an extra NT$7,000 employment security fee for each foreign worker per month.
If an employer brings in foreign workers in accordance with the increased ratios in the pre-ceding paragraph, the amount of additional employment security fees to be paid cannot be changed.
Article 27
Employers with any of the following qualifications that have an application for new in-vestment approved by the central competent authority in charge of the target business can apply for an initial foreign worker recruitment permit:
1. Certified factory registration document attesting to the establishment of a new factory.
2. Individuals who meet the qualification in the previous subparagraph and any of the fol-lowing conditions:
(1) High-tech industry investment of NT$$500 million or more in the manufacturing sector, or manufacturing investment of NT$100 million or more by other industries.
(2) When a new investment plan estimates that within one year of the new factory being registered it will hire 100 or more domestic workers.
The application for accreditation in the previous paragraph should be submitted from March 13, 2013, when the amendments to the Standards came into effect, to December 31, 2014.
After accreditation detailed in Paragraph 1 employers can apply one time to the Central Competent Authority to hire foreign workers, but the total number of foreign workers ap-plied for and already employed foreign workers must not exceed the ratio calculated by multiplying the number of employees estimated by the central competent authority in charge of the target business by the allocation ratio in Addendum 6, Article 25, added to the ratio in the previous Article.
When the ratio of employed foreign workers referred to in the previous paragraph con-forms to either of the following rules the employer does not have to pay the additional em-ployment security fee referred to in the previous Article for a period of three years:
1. Subparagraph 1, Paragraph: 1: 5 percent or less.
2. Subparagraph 2, Paragraph: 1: 10 percent or less.
Article 28
Employers approved by the central competent authority in charge of the target business as having any of the following qualifications can apply for an initial foreign worker recruit-ment permit:
1. Employers approved or recognized by the central competent authority in charge of the target business as having invested overseas for two years or more and confirmed as con-forming to one of the following conditions:
(1) Where international sales of own brand products over the past two years in foreign countries account for 50 percent or more of the company’s total output.
(2) Where the company was one of the top five suppliers in the international supply chain or has a market share of 10 percent or more of the international market over the past year
(3) When it is classified as a high-value added product and key component related industry.
(4) When the central competent authority in charge of the target business approves the es-tablishment of an R&D center or enterprise operations headquarters.
2. Factories completed within three years of the date of a letter of approval issued by the central competent authority in charge of the target business in accordance with the previous subparagraph that obtain certified new factory registration and are in compliance with the qualifications stipulated in items 1 and 2 of Subparagraph 2 in the first paragraph of the preceding Article.
The time frame for applications for approval prescribed in the previous paragraph are as follows:
1. Subparagraph 1 of the previous paragraph: From November 22, 2012 to December 31,2014.
2. Subparagraph 2 of the previous paragraph: Within three years of the date the central competent authority in charge of the target business issues the letter of approval detailed in Subparagraph 1 of the previous paragraph.
Employers approved according to Paragraph 1 can apply one time to the Central Compe-tent Authority to hire foreign workers, but the number of foreign workers applied for and already employed foreign workers should be calculated based on Paragraph 3 of the previ-ous Article. However, when the ratio of foreign workers applied for is less than 40 percent the employer is required to pay additional employment security fees pursuant to Subpara-graph 3, Paragraph 1, Article 26 and increase the ratio of foreign workers to 40 percent.
When the ratio of hired foreign workers referred to in the previous paragraph conforms to either of the following rules the employer does not have to pay the additional employment security fee prescribed in the provisos of Paragraph 1, Article 26 and the provisos of the previous paragraph for a period of five years:
1. Points 1 to 3, Subparagraph 1, Paragraph: 1: 20 percent or less.
2. Point 4, Subparagraph 1, Paragraph: 1: 15 percent or less.
Article 29
When an employer applies to employ foreign workers pursuant to the previous two Arti-cles and the Central Competent Authority issues an initial recruitment permit, the foreign workers should be brought into the Republic of China within the time limit specified on the permit notification.
When an employer applies to bring in foreign workers as referred to in the previous para-graph the total must not exceed 50 percent of the number permitted by the initial recruit-ment permit. However, this provision does not apply when the number of domestic work-ers hired by an employer reaches 50 percent of the number of domestic workers expected to be hired as part of a new investment plan.
Article 30
When employers in compliance with the “Welcoming Taiwanese Companies Abroad to Invest in Taiwan Action Plan” approved by the Executive Yuan on December 7, 2018 re-ceive approval from the central competent authority in charge of the target business they can apply for an initial recruitment permit to employ foreign workers.
When employers in compliance with the Offshore Wind Power Industry Additional Man-power Action Plan receive approval from the central competent authority in charge of the target business they can apply for an initial recruitment permit to employ foreign workers.
Employers in compliance with the previous two paragraphs can apply once to the Central Competent Authority for an initial recruitment permit within one year of the completion of the investment period detailed in the approval letter.
Article 31
The total number of foreign workers employers applied for and hired referred to in the pre-vious Article must not exceed the ratio calculated by multiplying the number of employees estimated by the authority in charge of the target business by the allocation ratio in Adden-dum 6, Article 25 added to the ratios detailed in Article 26.
However, if the ratio of foreign workers for which the employer in the previous paragraph applies is lower than 40 percent additional employment security fees must be paid pursuant to Subparagraph 3, Paragraph 1, Article 26 and the ratio of foreign workers employed in-creased in accordance with the following regulations, but the total ratio must not exceed 40 percent:
1. Paragraph 1 of the previous Article: 5 percent.
2. Paragraph 2 of the previous Article: 10 percent.
When an employer calculates the total number of foreign workers on the basis of the ratios in Paragraph 1 and the previous paragraph it should be done pursuant to the provisions of Addendum 6, Article 25.
The total number of hired employees and employed foreign workers in Paragraph 1 and the previous paragraph is calculated based on the number of individuals with labor insurance on the same labor insurance certificate number at the factory owned by the employer. However, when a factory has been approved as having a specialized manufacturing process by the central competent authority in charge of the target business or a free trade port ad-ministration and has two operations or more, labor insurance certificate numbers shall be separate.
Article 32
When an employer in compliance with the provisions of Article 30 applies to the central competent authority in charge of the target business for approval it must be done in ac-cordance with the following time provisions:
1. Those in compliance with Paragraph 1, Article 30 are required to apply from January 1, 2019 to December 31, 2024.
2. Those in compliance with Paragraph 2, Article 30 are required to apply from July 1, 2021 to June 30, 2024.
An employer can only apply one time for approval per factory pursuant to the provisions of Paragraphs 1 or 2 of Article 30 and the Central Competent Authority and central competent authority in charge of the target business will conduct on-site inspections of the employer’s related qualifications.
Article 33
When an employer applies to hire foreign workers pursuant to the provisions of Article 30 and the Central Competent Authority issues an initial recruitment permit, the foreign workers should be brought into the Republic of China within the time limit specified on the permit notification.
An employer who applies to bring in foreign workers based on the previous paragraph must not exceed 50 percent of the number permitted by the initial recruitment permit. However, this does not apply when the number of domestic workers hired by an employer reaches 50 percent of the number expected to be hired.
When an employer has not established a new labor insurance certificate number the num-ber of domestic workers referenced in the provisos of the preceding paragraph should be calculated based on the domestic workers newly employed from the date the employer reg-istered a certificate of employment demands with a public employment service agency to the date of the application.
Article 33-1
If foreign workers employed in Taiwan attend on-the job advanced manufacturing, con-struction, agriculture or long-term care classes for an associate degree or higher at a local college or university and earn nine study creits or more per semester, while their employ-ment permit in Taiwan remains valid, and are employed in accordance with the provisions of Subparagraph 3, Paragraph 1, Article 26, employers are required to apply for a recruit-ment permit to employ foreign workers based on the number undertaking on-the-job train-ing.
When an employer applies for a recruitment permit to hire foreign workers in accordance with the above paragraph and the number is increased based on the provisions of Subpara-graph 3, Paragraph 1, Article 26, the ratio of foreign workers employed can be increased by 5%. However, the total ratio cannot exceed 40%.
When employers hire foreign workers based on the last two paragraphs they ae required to pay an additional employment security fee based on the provisions of Subparagraph 3, Par-agraph 1, Article 26, to be reviewed based on regulations in Article 34.
Article 34
The total number of foreign workers hired by an employer and brought into the Republic of China pursuant to the provisions of Articles 24, 25 and 37 should comply with the fol-lowing regulations:
1. For manufacturing firms in free trade port areas, the number of foreign workers em-ployed shall not exceed 40 percent of employees hired.
2. For Type A+ industries detailed in Addendum 5, Article 24, the number of foreign workers employed shall not exceed 35 percent of employees hired.
3. For Type A industries detailed in Addendum 5, Article 24, the number of foreign work-ers employed shall not exceed 25 percent of employees hired.
4. For Type B industries detailed in Addendum 5, Article 24, the number of foreign work-ers employed shall not exceed 20 percent of employees hired.
5. For Type C industries detailed in Addendum 5, Article 24, the number of foreign work-ers employed shall not exceed 15 percent of employees hired.
6. For Type D industries detailed in Addendum 5, Article 24, the number of foreign work-ers employed shall not exceed 10 percent of employees hired.
When the number of foreign workers employed as referred to in the previous paragraph is one, a minimum of one or more domestic workers must be employed every month for eve-ry foreign worker employed. In addition, the average number of domestic workers em-ployed over a three month period must not fall below the following:
1. Manufacturers in free trade port areas: Minimum of 1 person.
2. A+ or A category industries in Addendum 5, Article 24: Minimum of 1 person.
3. B category industries in Addendum 5, Article 24: Minimum of 2 people.
4. C category industries in Addendum 5, Article 24: Minimum of 3 people.
5. D category industries in Addendum 5, Article 24: Minimum of 4 people.
Pursuant to the provisions of the previous two paragraphs the Central Competent Authority should verify the ratio or total number of foreign workers and domestic workers hired by employers three months after the hired foreign workers arrive in the Republic of China or continue employment and every three months thereafter.
The number of foreign workers employed, number of domestic workers employed and to-tal employees hired referred to in Paragraph 1 and Paragraph 2 are calculated by designat-ing the month two months prior to the inspection conducted by the Central Competent Au-thority as a base month. The average number of workers who participated in the Labor In-surance program for the three months prior to the base month is then calculated.
The total number of foreign workers employed and brought in by an employer pursuant to the provisions of Articles 24 to 28 and the methods employed by the Central Competent Authority to inspect employer’s hiring of foreign workers must be in compliance with the provisions of Addendum 7.
When employers hire foreign workers pursuant to the provisions of Article 30, the Central Competent Authority will conduct the following inspections in accordance with the previ-ous five paragraphs and those inspections should be in accordance with the provisions of Addendum 8:
1. The total number of foreign workers employed and brought in by an employer pursuant to the provisions of Articles 24 to 28 and Article 31.
2. The number of new domestic workers employers add to the same labor insurance certifi-cate number, labor insurance salary and labor pension wage contributions should comply with the following regulations:
(1) Those in compliance with the provisions of Paragraph 1, Article 30: NT$30,300 and above
(2) Those in compliance with the provisions of Paragraph 2, Article 30: NT$33,300 and above.
If an employer hires foreign workers and one of the following situations pertains the recruitment permit and employment permit will be revoked pursuant to the provisions of Article 72 of the Act, and they will be counted in the total number of foreign workers referenced in the provisions of Addendum 6, Article 25.
1. When an employer hires foreign workers in excess of the ratio or number stipulated in Paragraph 1, and the number of domestic workers employed does not meet the number de-tailed in Paragraph 2, and the Central Competent Authority issues a notification requiring improvements within a set period of time but those improvements are not made.
2. Violations of the provisions of Subparagraph 2 in the previous paragraph.
Article 35
If the number of foreign workers employed exceeds the number prescribed in Addendum 7 in the previous Article, the Central Competent Authority will revoke the employer’s re-cruitment permit and employment permit pursuant to Article 72. In addition, the employer shall pay the additional employment security fee originally waived in accordance with the provisions of Article 27 and Article 28.
The owed employment security fee based on number of foreign workers employed, total amount and time period is calculated as below:
1. Number of foreign workers: Refers to the number of foreign workers listed on the re-cruitment permit and employment permit revoked by the Central Competent Authority. However, those not exempt from the additional employment security fee are excluded from the calculation.
2. Amount: The foreign workers who have their permits revoked in accordance with the previous subparagraph are exempted from paying additional employment security fees in accordance with the subparagraphs of Paragraph 1, Article 26.
3. Time period:
(1) Initial inspection: Starting the day after the foreign worker in question enters the Re-public of China until the day before the employment permit is revoked.
(2) Subsequent inspections: Starting the day after the Central Competent Authority notifies the employer of the need to make improvements and sets a deadline for them to be imple-mented until the day before employment permit is revoked. However, if a foreign worker enters the Republic of China after the employer has been notified of an improvement dead-line, the period shall begin the day after entry and end the day before the employment per-mit is revoked.
Article 36
The total number of foreign workers employed and brought in to the Republic of China pursuant to the provisions of Article 24 and Article 37 by employers is required to comply with the following stipulations:
1. For manufacturing firms in free trade port areas, the number of foreign workers em-ployed shall not exceed 40 percent of employees hired.
2. For manufacturing firms not in free trade port areas, the number of foreign workers em-ployed shall not exceed 20 percent of employees hired and a minimum of one domestic worker or more must be employed each month.
Pursuant to the provisions of Subparagraph 4, Paragraph 3, Article 24, the Central Compe-tent Authority shall inspect the ratio of foreign workers and number of domestic workers employed.
When an employer hires in excess of the ratio or total number of foreign workers refer-enced in Paragraph 1 and fewer than the number of domestic workers stipulated in Subpar-agraph 2, Paragraph 1 the Central Competent Authority will issue a notification to make improvements within a set period of time. If no improvements are made within that time frame then pursuant to the provisions of Article 72 of the Act, the employer will have their recruitment permit and employment permit for the workers exceeding the stipulated maxi-mum revoked and they will be included as part of the total number of total foreign workers based on the provisions of Addendum 6, Article 25.
Article 37
If a manufacturing employer needs to continue the employment of a foreign worker he/she can apply one time to the Central Competent Authority for re-recruitment up to four months before the worker’s employment permit ends.
The number of foreign workers in a re-recruitment application referred to in the previous paragraph must not exceed the number brought into the Republic of China on the previous recruitment permit or engaging in continued employment, on the same employment insur-ance certificate number.
Chapter VII Outreach Manufacturing Work
Article 38
When foreign workers are engaged in outreach manufacturing work pursuant to the provi-sions of Subparagraph 2, Article 5, the central competent authority in charge of the target business in consultation with the Central Competent Authority will designate a trial opera-tion, establish an industrial park administration and appoint one of the following to serve as an employer in accordance with Paragraph 1, Article 50 of the Statute for Industrial In-novation.
1. A juristic person.
2. A non profit seeking juristic person.
3. Other non profit making organizations established for public welfare purposes.
For foreign workers engaged in outreach manufacturing work referred to in the previous paragraph, the work location in the outreach manufacturing service contract shall be con-firmed by the Central Competent Authority as engaging in production involving the spe-cialized manufacturing processes referenced in Paragraphs 1 and 2, Article 24.
Article 39
An employer can apply for an initial recruitment permit to employ foreign workers after the approval of an outreach manufacturing service proposal submitted to the central com-petent authority in charge of the target business.
The outreach manufacturing service proposal referred to in the previous paragraph is re-quired to include the following:
1. Certified documents attesting to the employer’s qualifications.
2. Plans for the provision of services, fee-charging items, amounts to be charged and a sample contract.
3. Plans for manufacturing manpower deployment, supervision and educational training.
4. Plans for regular inspection and control of the number of workers using outreach manu-facturing services at outreach manufacturing service contract locations.
5. Other outreach manufacturing service related information.
Employers are required to adhere to the details of approved outreach manufacturing service proposals.
The number of foreign workers hired by an employer to engage in outreach manufacturing work shall not exceed the number approved by the central competent authority in charge of the target business.
Article 40
The total number of foreign workers hired independently by an employer and foreign workers engaging in outreach manufacturing work at service contract locations to which employers send them to engage in outreach manufacturing work shall not exceed 40% of the workers enrolled on the labor insurance program at the service location site.
The number of foreign workers referred to in the previous paragraph is calculated based on the number of workers with labor insurance two months prior to the inspection.
The industrial park administration referred to in Paragraph 1, Article 38 shall inspect the ratio of foreign workers at the service contract location every three months from the date they start working at the site pursuant to the provisions of Paragraph 1 and submit the re-sults of said inspection to the Central Competent Authority.
When the total number of foreign workers hired independently by an employer and foreign workers engaging in outreach manufacturing work at service contract locations exceed the ratio stipulated in Paragraph 1 the Central Competent Authority will order the employer to stop sending foreign workers to the service contract location.
Article 41
If an employer is found to have engaged in any of the following behaviors the Central Competent Authority will revoke their recruitment permit and employment permit, in part or whole, pursuant to the provisions of Article 72:
1. Assignment of foreign workers to engage in outreach manufacturing work at locations that do not have the specialized manufacturing processes specified in Paragraph 1 or Paragraph 2, Article 24, and failure to rectify the misconduct within a fixed period of time.
2. Violations of the outreach manufacturing service proposal resulting in the central competent authority in charge of the target business revoking authorization.
3. Failure to comply after receiving notification from the Central Competent Authority to cease outreach manufacturing services in accordance with Paragraph 4 of the previous Article.
4. Where business operations are inadequate, violations of related laws and regulations, or seriously detrimental to public welfare.
Chapter VIII Construction Work
Article 42
For foreign workers hired to engage in construction work detailed in Subparagraph 3, Arti-cle 5, where the employer undertakes a public construction project, enters into a construc-tion contract as the winning bidder with a government authority (agency), independent administrative institution or state-run enterprise awarding the contract and conforms to one of the following conditions, an application can be made for an initial recruitment permit to employ foreign workers:
1. The total value of the construction contract is NT$100 million and above and the dura-tion of the project is 18 months or longer.
2. The total value of the construction contract is more than NT$50 million but less than NT$100 million and the duration of the project is 18 months or longer, where the value of the contract, added to the value of other public construction contracts undertaken by the same employer comes to NT$100 million or more. However, when applying for an initial recruitment permit the value of any public construction contract already completed by the same employer, or where the total contract value is less than NT$50 million, or for which the duration of the project is less than 18 months will be excluded.
If the project referred to in the previous paragraph is contracted out by a state-run enter-prise to a construction company the state-run enterprise can apply for an initial recruitment permit to employ foreign workers.
When any of the following situations pertain and the winning bidder referred to in Para-graph 1 signs a contract with a subcontractor that conforms to the provisions of the afore-mentioned paragraph, with the approval of the project authority the subcontractor can ap-ply for an initial recruitment permit to employ foreign workers for its sub-contracted part of the project:
1. Selected subcontractors are those stipulated in Article 36 of the Enforcement Rules of the Government Procurement Act.
2. Non-construction related foreign companies selected as subcontractors.
For public construction projects referred to in Paragraph 1, either the winning bidder or a subcontractor can apply for an initial recruitment permit to employ foreign workers, but this is limited to one firm only and cannot be changed after approval from the Central Competent Authority.
Article 43
For foreign workers hired to engage in construction work referred to in Subparagraph 3, Article 5, when an employer undertakes a major construction project invested in by a pri-vate institution (hereinafter “major private construction project”) and enters into a con-struction contract with said private institution, and where the total cost of the project is NT$200 million or more and the contract project duration is 18 months or more, the em-ployer can apply for an initial recruitment permit to employ foreign workers, limited to the following construction projects:
1. Public utilities projects invested in by private institutions and given special approval.
2. Projects approved as an incentive for private institutions to invest in construction, or where private institutions are authorized to participate in a major public infrastructure pro-ject, or to promote private sector participation in public works projects conducted in ac-cordance with the Act for Promotion of Private Participation in Infrastructure Projects.
3. Private school, social welfare organization, medical institution, or social housing related construction projects.
4. Major manufacturing industry investment projects involving the construction of facto-ries.
When an employer undertakes to construct a major private construction project that con-forms to the qualifications detailed in the preceding paragraph, where the total amount of the contract is more than NT$100 million but less than NT$200 million, and the duration of the project is 18 months or longer and the same employer has contracted other major private construction projects that accumulated come to a contract total of NT$200 million or more, an application can be made for an initial recruitment permit to employ foreign workers.
If an employer referred in the previous paragraph has undertaken other major private eco-nomic construction projects but the project has been completed, the total contract value of the project is less than NT$100 million, or the duration of the project is less than 18 months, it will not be added to the total value of project contracts.
An employer’s application for a permit detailed in the preceding three paragraphs must be approved by the competent authority in charge of the target business as conforming to the conditions detailed in those aforementioned paragraphs.
Where a project referred to in the subparagraphs of Paragraph 1 is prepared, planned, con-structed, or installed independently by a private institution, the aforementioned institution can apply for an initial recruitment permit to employ foreign workers.
Article 44
The total number of foreign workers hired by employers referred to in Article 24 to engage in construction work on the same public works project must not exceed 20% of the number calculated based on the provisions of Addendum 9, pursuant to the project amount and du-ration referred to in each construction contract. However, when individual projects con-form to the following circumstances calculations should be made separately for each regu-lation:
1. Where a total score of 80 or more is achieved based on a calculation using the grading indicator and formula detailed in Addendum 9, the ratio of foreign workers allocated is achieved by multiplying the total score by 4/1000.
2. If the central competent authority in charge of the target business considers it necessary to increase the allocation ratio of foreign workers it needs to secure authorization from the Executive Yuan.
The total project cost, project duration, and grading indicator referred to in the previous paragraph must be approved by the public works project authority and its supervising agency.
Article 45
The total number of foreign workers hired by employers detailed in Article 43 to engage in construction work on the same major private construction project must not exceed 20 per-cent of the number calculated based on the provisions of Addendum 9, in the previous arti-cle, pursuant to the project amount and duration referred to in individual construction pro-jects. However, projects that are prepared, planned, constructed, or installed independently by a private institution, when the individual construction project value is less than NT$100 million and project duration less than 18 months are not included in the calculation.
Total project value and duration referred to in the previous paragraph must be approved by the competent authority in charge of the target business. However, when no individual construction contract is signed said authority should approve the total value and duration of the construction project based on the submitted plans.
Article 46
When an employer undertakes a public works project, the project authority (institution) issues a project duration extension certificate and the employer needs to hire foreign work-ers during the extended duration, an application should be made to the Central Competent Authority for an employment permit extension within 14~120 days before the expiration of the original employment permit.
If a private institution undertakes itself or invests in a major private construction project when the competent authority in charge of the target business issues a project duration ex-tension certificate and the employer needs to employ foreign workers during the extended project duration an application should be made to the Central Competent Authority for an employment permit extension 14~120 days prior to the expiration of the original employ-ment permit.
The number of foreign workers allowed to be hired during the project duration extension referred to in the previous two paragraphs shall be re-calculated by the Central Competent Authority based on the original project duration plus the extended project duration, pursu-ant to the provisions of Addendum 9, Article 44, but cannot exceed the number of workers employed on the initial recruitment permit issued by the Central Competent Authority.
The extended employment permit period for foreign workers referred to in Paragraph 1 and Paragraph 2 can be no longer than the extended project duration. Moreover, the employ-ment permit period plus the extended employment permit period can be no longer than three years.
Article 47
Where an employer undertakes a public works project and still needs to employ foreign workers during the inspection and acceptance period, when the project authority (institu-tion) issues a certificate for the scheduled completion date, the employer should apply to the Central Competent Authority for an employment permit extension 14~120 days prior to the expiration of the original employment permit.
The number of foreign workers involved in the employment permit extension referred to in the preceding paragraph must be no more than 50% of the total foreign workers hired for the project.
When a foreign worker is absent from work for three consecutive days without a justifiable reason and cannot be contacted the competent authority must be notified and he/she will not be included in the number of foreign workers hired referred to in the preceding para-graph.
The extended employment permit period for foreign workers referred to in Paragraph 1 can be no longer than the expected inspection and acceptance period. Moreover, the employ-ment permit period plus the extended employment permit period can be no longer than three years.
Chapter IX Slaughterhouse Work
Article 48
When the employer of foreign workers employed to engage in slaughterhouse work as de-tailed in Subparagraph 4, Article 5, is involved in the slaughter, dismembering and packag-ing of poultry and livestock or related manual labor and approved as compliant by the cen-tral competent authority in charge of the target business an application can be made to the authority for an initial recruitment permit to employ foreign workers.
The Central Competent Authority and the central competent authority in charge of the tar-get business can conduct on-site inspections pursuant to the provisions of the previous par-agraph.
Article 49
If an employer detailed in the previous paragraph employs foreign workers to engage in slaughterhouse work and is approved as compliant by the central competent authority in charge of the target business, the allocation ratio, number of employees and total number of foreign workers hired in an application for initial recruitment should be in accordance with the provisions of Addendum 10.
The average number of employees hired detailed in the previous paragraph does not in-clude foreign workers employed pursuant to the provisions of provisos in Paragraph 1, Ar-ticle 50.
Article 50
The ratio of the foreign workers applied for in the initial recruitment to the total number of foreign workers employed detailed in the previous Article can be increased under the fol-lowing circumstances. However, the total should not exceed 40% of the average number of employees per month for the one year period prior to the month two months before the ap-plication is submitted:
1. If the ratio is increased by 5 percent, the employer is required to pay an extra NT$3,000 employment security fee for each foreign worker per month.
2. If the ratio is increased by 5 percent to 10 percent, the employer is required to pay an extra NT$5,000 employment security fee for each foreign worker per month.
3. If the ratio is increased by 10 percent to 15 percent, the employer is required to pay an extra NT$7,000 employment security fee for each foreign worker per month.
If an employer increases the ratio of foreign workers brought into the Republic of China in accordance with the preceding paragraph, the amount of additional employment security fees to be paid cannot be changed.
Article 51
The total number of foreign workers employed and those brought into the Republic of Chi-na by an employer pursuant to the provisions of Article 48 and Article 49 should not ex-ceed 25% of the total number of employees and a minimum of one domestic worker or more must be hired per month.
The total number of foreign workers employed, those brought into the Republic of China by an employer pursuant to the provisions of Articles 48 to50, and inspections of employ-ers who hire foreign workers conducted by the Central Competent Authority should be conducted in accordance with the provisions of Addendum 11.
The Central Competent Authority will inspect the ratio and number of foreign workers as well as the number of domestic workers hired by employers pursuant to the provisions of the previous two paragraphs, three months after the foreign workers are brought into the Republic of China or engage in continued employment and every three months thereafter.
The number of foreign workers, domestic workers and hired employees detailed in Para-graph 1 and Paragraph 2 is calculated based on the average number of employees with la-bor insurance per month for the three month period prior to the base month, which is two months before the Central Competent Authority conducts its inspection:
If the number or ratio of foreign workers employed exceeds the provisions of Paragraph 1, and the number of domestic workers employed is less than prescribed in Paragraph 1, the Central Competent Authority will issue a notification requiring improvements within a set period of time. If no improvements are made within that time frame the employer will have their recruitment permit and employment permit for the additional workers revoked pursu-ant to Article 72 of the Act, and they will be included as part of the total number of foreign workers employed detailed in Addendum 10, Article 49.
Article 52
When an employer in the slaughterhouse industry needs to continue the employment of foreign workers a one time only application can be made to the Central Competent Author-ity for re-recruitment and should be submitted within four months of the expiry of the for-eign workers’ employment permit.
The number of re-recruited foreign workers in the previous paragraph cannot exceed the number brought into the Republic of China on the last recruitment permit or on the contin-ued employment permit and same labor insurance certificate number.
Chapter X Outreach Agricultural Work
Article 53
When foreign workers are employed to engage in outreach agricultural work, pursuant to the provisions of Subparagraph 5, Article 5, by a farmers’ association, fishing association, or agricultural, forestry, fishing or animal husbandry related cooperative or non-profit or-ganization, an application for an initial recruitment permit to employ foreign workers should be submitted.
The service contract location where foreign workers engage in outreach agricultural work must be a site where agricultural, forestry, animal husbandry, or aquaculture work is con-ducted.
Employers who have applied to employ foreign workers to engage in any of the following work in accordance with the provisions of the Standards are not permitted to use outreach agricultural services:
1. Ocean fishing work or intermediate skilled ocean fishing work
2. Manufacturing work or intermediate skilled manufacturing work
3. Slaughterhouse work.
4. Agricultural, forestry, animal husbandry, or aquaculture work.
Article 54
Employers referred to in Paragraph 1 of the previous Article are required to submit an out-reach agricultural service plan to the central competent authority in charge of the target business
The outreach agricultural service plan referred to in the preceding paragraph is required to include the following:
1. Certified documents attesting to the employer’s qualifications.
2. Plans detailing service provision, fee-charging items and amounts, and a sample contract.
3. Plans for the deployment, supervision and educational training of agricultural manpower.
4. Other outreach agricultural service related information.
After the outreach agricultural service plan is approved by the central competent authority in charge of the target business, the employer is required to adhere to the details of the plan.
The number of foreign workers hired by an employer referred to in the preceding Article to engage in outreach agricultural work cannot exceed the average number of workers on the same labor insurance certificate number per month in the one year period prior to the base month which is two months before the employer submits the application.
Article 55
The Central Competent Authority and the central competent authority in charge of the tar-get business will conduct on-site inspections as prescribed in the preceding two Articles.
If an employer engages in any of the following behaviors, the Central Competent Authority will revoke their recruitment permit and employment permit in part or full pursuant to the provisions of Article 72:
1. Assigning foreign workers to engage in outreach agricultural work in a location where agricultural, forestry, animal husbandry or aquaculture work is not conducted and failing to rectify the situation within a set period of time.
2. Violations of related laws or an approved outreach agricultural service plan determined to be serious by the Central Competent Authority and central competent authority in charge of the target business.
3. Where business operations are inadequate or seriously detrimental to public welfare.
Chapter XI Agriculture, Forestry, Animal Husbandry, or Aquaculture Work
Article 56
Employers who hire foreign workers to engage in agricultural, forestry, animal husbandry or aquaculture work referred to in Subparagraph 6, Article 5, are required to be involved in one of the following categories of work:
1. Management of livestock farms engaged in livestock and poultry management, breeding, milking, egg collection, livestock farm environment management, waste disposal and reuse, feed preparation, disease prevention, and animal husbandry related manual work.
2. Management of orchid, edible mushroom and vegetable cultivation, as well as food and agriculture related manual work.
3. Feed management, breeding, harvesting and aquaculture environment cleaning for aqua-culture products, as well as aquaculture related manual work.
4. Any agricultural and forestry work designated by the Central Competent Authority in consultation with the central competent authority in charge of the target business.
Employers referred to in the preceding paragraph deemed to be in compliance with the provisions of Addendum 12 by the central competent authority in charge of the target busi-ness can apply for an initial recruitment permit to employ foreign workers.
When an employer hires foreign workers to engage in agricultural, forestry, animal hus-bandry, or aquaculture work referred to in Paragraph 1, the allocation ratio, number of em-ployees and total number of foreign workers employed must be in compliance with the provisions of Addendum 12.
Chapter XII Bilingual Translation Work
Article 57
Foreign workers employed to engage in bilingual translation work referred to in Subpara-graph 1, Article 6, are required to have graduated from senior high school level or higher in the Republic of China or overseas, and their employers shall be private employment ser-vice agencies engaged in transnational labor brokerage work.
Article 58
The total number of foreign workers hired by employers detailed in the previous Article to engage in bilingual translation work shall comply with the following:
1. Cannot exceed 20 percent of the number of personnel hired by the agencies referred to in the preceding Article.
2. Based on the number of foreign workers agencies referred to in the preceding Article are commissioned to manage, they can employ one translator for every 50 foreign workers from the same country.
The total number of foreign workers employed in the subparagraphs of the previous para-graph cannot exceed 16.
The number of personnel employed by agencies referred to in Subparagraph 1, Paragraph 1 is calculated based on the number of employees with labor insurance on the date an appli-cation for a recruitment permit is submitted.
Chapter XIII Chef and Related Work
Article 59
Foreigner workers employed to engage in chef and related work referenced in Subpara-graph 2, Article 6 shall be employed by private employment service agencies engaging in transnational labor brokerage work commissioned to manage at least 100 foreign workers from the same country engaged in work detailed in the Standards.
Article 60
The total number of foreign workers hired by employers detailed in the previous Article to engage in chef and related work shall comply with the following:
1. Agencies commissioned to manage 100-200 foreign workers can employ two foreign chefs and one related employee.
2. Agencies commissioned to manage 200-300 foreign workers can employ three foreign chefs and two related employees.
3. Agencies commissioned to manage 300 or more foreign workers can employ one addi-tional chef and related employee for every additional 100 foreign workers managed.
If the aforementioned agency is commissioned to manage foreign workers from different countries they should be calculated separately.
Chapter XIV Intermediate Skilled Work
Article 61
The application qualifications of employers who hire foreign workers to engage in intermediate skilled work detailed in Subparagraph 3, Article 6, must be in compliance with the provisions of Article 10, Article 15, Article 18, Article 21, Article 24, Article 42, Article 43, Article 46, Article 47, Article 53, or Subparagraph 2, Paragraph 1, Article 56.
If the same employer hires an intermediate skilled live-in caregiver, where the care recipient conforms to the provisions of Article 19 and one of the following situations pertains he/she is not required to undergo professional assessment by a medical institution as prescribed in Article 18:
1. The same care recipient is currently being cared for by a foreign worker pursuant to the provisions on live-in care work in Subparagraph 3, Article 4.
2. Has applied for an employment permit extension.
When an employer needs to apply to employ an intermediate skilled foreign worker for construction work during the extension period in accordance with the provisions of Article 46, the number of intermediate skilled foreign workers to have their employment permits extended will be recalculated by the Central Competent Authority based on the original work period and extended work period, pursuant to the provisions of Addendum 14, Article 64.
Article 62
Foreign workers employed to engage in intermediate skilled work detailed in Subparagraph 3, Article 6, must have qualifications that comply with the accredited professional licenses, training classes or practical work detailed in Addendum 13 and have one of the following qualifications:
1. Be currently employed to engage in work detailed in Subparagraphs 8 to10, Paragraph 1, Article 46 of the Act and have done so for a consecutive period of six years or more.
2. Individuals previously employed to engage in work detailed in the above subparagraph for six years or more before leaving the Republic of China and later returning, their work time having reached the maximum number of years prescribed in Article 52 of the Act.
3. Individuals previously employed in work referred to in Subparagraph 1 whose accumulated work time has reached the maximum number of years prescribed in Article 52 of the Act and have already left the Republic of China.
4. Foreign overseas students, overseas Chinese students or other students of Chinese descent who graduated from a college or university in the Republic of China and obtained an associate degree or higher.
Article 63
The salaries of foreign workers employed to engage in intermediate skilled work in the Republic of China detailed in Subparagraph 3, Article 6, must conform to the basic level announced by the Central Competent Authority.
When the salaries of foreign workers referred to in the preceding paragraph conform to or are higher than the level announced by the Central Competent Authority, the accredited qualification limits relating to professional licenses, training classes or practical work detailed in Addendum 13 in the previous Article do not apply.
Article 64
When an employer hires foreign workers to engage in intermediate skilled work pursuant to the provisions of Article 62, approval of the allocation rate, number of employees and total number of foreign workers must be in compliance with the provisions of Addendum 14.
Chapter 15 Addendums
Article 65
These Standards will go into effect on April 30, 2022
With the exception of the amended provisions of Article 8, which will be issued on August 15, 2023, the other amendments to these Standards will come into force on January 1, 2024.