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Chapter I General Provisions
Article 1
The Standards are set up in accordance with the stipulations of Paragraph 2 to Article 46 and Paragraph 7 to Article 52 of the Employment Service Act (hereinafter referred to as the Act).
Article 2
To be employed for the job specified in Items 8 to 11, Paragraph 1 to Article 46 of the Act, the qualifications of the said foreigners have to be complied with the Standards stipulated herein.
Article 3
For foreigners hired to perform the jobs referred to in Items 8 and 9, Paragraph 1 to Article 46 of the Act, their job descriptions shall be in the following categories:
1.Ocean fishing work: crews on boat, cage culture staff and other labor workers excluding the captain, second mate, chief engineer, engineer and engineering members, telecommunication staff and power boat driver and aides,
2.Housemaid jobs: performing house cleaning, food cooking, taking care of daily lives of members of households, or other related household service tasks..
3.Institutional nursing jobs: taking care of daily lives for accepted disabled persons or patients in the institutions or hospitals stipulated by Article 20 of the Standards.
4.Family nursing job: taking care of daily lives for disabled persons or patients in households.
5.Outreach nursing jobs: Assigned by employers to the families at the location prescribed by the outreach nursing contract to take care of daily lives of physically and mentally disable persons or patients.
Article 4
The jobs designated by the Central Competent Authority in accordance with Item 10, Paragraph 1 to Article 46 of the Act, their job descriptions shall be in the following categories:
1.Manufacturing jobs: directly engaged in the production of manufactured goods and other related physical tasks.
2.Construction jobs: directly engaged in the construction work at construction sites or other related places, or other related physical tasks.
3.Slaughter work: Slaughter and related physical work.
4.Other jobs designated by the Central Competent authority.
Article 5
The jobs designated by the Central Competent Authority in accordance with Item 10, Paragraph 1 to Article 46 of the Act, their job descriptions shall be in the following categories:
1. Bi-lingual translation jobs: performing translation tasks for foreigners hired to perform the jobs referred to in the Standards.
2. Cooks and their related jobs: performing food cooking tasks for foreigners hired to perform the jobs referred to in the Standards.
3. Other jobs approved by the Central Competent Authority and designated as special projects.
Article 6
Foreigners in the following situations may not be hired to perform the jobs stipulated in the Standards:
1. Have been in violation of the stipulation of Article 43 of the Act.
2. Have been in violation of Items 1 to 3 of Article 73 of the Act, being absent for three consecutive days and have lost contact, and one of the instances stipulated in Items 5 to 7 of the same Article.
3. Have refused to take health examinations or provided false body samples.
4. Fail to pass the health examinations.
5. Have been hired in Republic of China to perform the jobs referred to in Articles 3 and 4 of the Standards and the accumulated employment duration exceeds the period prescribed in Paragraphs 4 or 6, Article 52 of the Standards. However, this limitation shall not apply to those foreigners who are hired to perform the jobs referred to in the preceding article of the Standards.
6. Job specialties do not match the jobs originally applied for.
7. Do not possess documents proving good behavior.
8. Their age is under sixteen.
9. Foreigners have been hired to perform the jobs stipulated in the Standards but have been out of contact for three consecutive days in the following period:
(1) When foreigners have not obtained an employment permit for less than three days after entering the country;
(2) When the period remaining on the employment permit is less than three days; or
(3) When foreigners are under settlement or transfer of employers by the local competent authority or have not left the country according to the law.
10. Have been in violation of other employment qualifications stipulated by the Central Competent Authority.
Article 7
Foreigners hired to perform the housemaid tasks referred to in item 2 of Article 3 of the Standards, or the nursing tasks referred to in items 3 to 5 of Article 4 of the Standards shall be over the age of twenty and shall have one of the following qualifications:
1. Before entering into the Republic of China, they shall be trained and qualified in the foreign health examination hospitals approved by the Central Competent Health and Welfare Authority of the Republic of China, or designated by their own domestic labor administrations.
2. Have been working in the Republic of China and performing the same tasks for over six months.
Chapter II Oceanic Fishing Jobs
Article 8
For foreigners hired to perform the oceanic fishing tasks referred to in Item 1 of the Standards, their employers shall have one of the following qualifications
1.Owners of fishing boats of more than twenty gross tonnage and have fishery licenses issued by the competent authorities for other purposes or other related competent authorities.
2.Owners of motor boats of less than twenty gross tonnage, and have small boat licenses and fishery licenses issued by the competent authorities for other purposes or other related competent authorities.
3.Demarcated fishing right holders of cage aquaculture industry who have a license issued by the competent authorities for other purposes or other related competent authorities, or exclusive fishing right holders with a certificate of fishery access for cage aquaculture.
Article 9
The total number of foreign workers hired to perform marine fishing or netting work as referred to in items 1 to 2 of the preceding Article shall include the following and shall be controlled below the number of sailors allowed pursuant to the fishery licenses of that boat:
1. The number of initial recruitment of foreign workers;
2. The minimum number of sailors allowed for ocean going or the total number of sailors allowed on the said motor boat; and
3. The number of foreign workers allowed for recruitment, number of foreign workers granted for recruitment, and number of foreign workers recruited.
The minimum number of sailors allowed for ocean going, or the total number of sailors allowed on the said motor boats referred to in the preceding Paragraph, shall be determined by the regulations publicly announced by the competent authorities for other purposes at the central government level and the related stipulations of the Rules Governing the Operations of Small Boats.
When the number of domestic sailors staying on the same fishing boat is more than the minimum number of sailors allowed for ocean going, the number of sailors for ocean going shall be recorded.
The employment of foreign workers to perform marine fishing or netting work as referred to in item 3 of the preceding Article shall comply with the culture area specified on the fishing right permit or certificate of fishery access, where the employer can hire one foreign worker for every half hectare. However, the number of employed foreign workers shall not exceed two-thirds of the total number of employed domestic workers.
The number of domestic employees, described in the former paragraph, is based on the employees insured by the employer one year and two months prior to the insurance registry. If insurance for the workers is not compulsory according to Article 6 of Labor Insurance Regulations, an approved document from the Fishing Authority of municipalities, cities or counties must be submitted as evidence.
If the employer engages in cage culture industry with partners, as mentioned in the third paragraph of the former Article and Article 3-1, the partnership should be notarized and the list of partners should be registered by the Fishing Authority of the municipalities, cities or counties. The number of partners can be counted with that of domestic employees as described in the former paragraph.
Chapter III Housemaid Jobs
Article 10
For foreigners hired to perform housemaid tasks referred to in Item 2, Article 3 of the Standards, when their employers make initial recruitments, they shall have one of the following qualifications:
1. Have multiparous children of triplets and/or above, and under the age of three.
2. Have accumulated over sixteen points.
For foreigners hired to perform housemaid tasks referred to in Item 2, Article 3 of the Standards, when their employers apply for renewed recruitment or consecutively employment, they shall have one of the following qualifications:
1. Have multiparous children of triplets and/or above, and above the age of six.
2. Have accumulated over sixteen points.
For calculating the points referred to in the preceding Paragraphs 1 and 2, they shall be accumulated pursuant to the attached Table 1 of the ages of children under the age of six, senior direct blood relatives or senior marriage relatives in first degree over the age of seventy-five of the said employers. However, if they do not live with same household registration with the said employers, or have already applied for housemaids , or have already listed as persons applying for housemaids, their points shall not be listed and counted.
Article 11
Foreigners may be hired to work as housemaids referred to in Item 2, Article 3 of the Standards for those employers who invest or work in the Republic of China:
1.Foreign employees who are hired as general managers or above for those companies that have foreign investment over one hundred million New Taiwan Dollars (NT$100,000,000), or foreigners employees who are hired as section heads or above for those companies that have foreign investment over two hundred million New Taiwan Dollars (NT$200,000,000)..
2.Foreign employees who are hired as general managers or above for those companies that have operational amount over five hundred million New Taiwan Dollars (NT$500,000,000) in the previous year, or foreign employees who are hired as section heads or above for those companies that have operation amount over one billion New Taiwan Dollars (NT$1,000,000,000) in the previous year.
3.Foreign employees whose incomes have over three million New Taiwan Dollars (NT$3,000,000) in accordance with the comprehensive income tax schedule of the Republic of China and had paid income tax in the previous year, or foreign employees who are hired as managerial personnel and whose monthly incomes have over two hundred fifty thousand New Taiwan Dollars (NT$250,000) in that current year..
The foreign employees referred in the preceding Item 3, having an annual income more than two million New Taiwan Dollars (NT$2,000,000) or monthly income more than one hundred fifty thousand New Taiwan Dollars (NT$150,000) and hiring a same foreign servant in a foreign country prior to their entry into the Republic of China, are allowed to hire the foreign servant to do household tasks.
The application qualifications for foreign general managers referred to in Paragraph 1 of this Article, shall be applicable to managerial personnel of those subsidiaries of foreign companies or representative officers of those representative offices.
Article 12
For employers hiring housemaids referred to in the preceding two Articles, their number shall be limited to one housemaid for one household.
Chapter IV Manufacturing Jobs
Article 13
For foreigners employed to perform manufacturing tasks referred to in Item 1, Article 4 of the Standards, when their employers make initial recruitments, they shall have one of the following qualifications:
1.For industries primarily specializing in production procedures categorized as abnormal temperature operation, dust operation, toxic gas operation, organic solvent operation, chemical processing, non-automatic operation and other designated production procedures. Industries must comply with specifications in the attached Table 2 or Table 6, and be verified by the competent authorities in charge of specific business at the Central Government level, or the administration of the Free Trade port areas.
2. For those industries of specific timeframe categorized as within the timeframe from ten o’clock in the evening till six o’clock in the morning, production operation work hours last at least one hour, and have been verified by the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas to be complied with the specifications in the attached Table 3 of the Standards.
For those industries which are complied with specific production procedures or specific timeframe of the preceding Paragraph, but are not complied with the specifications in the attached Table 2, Table 3, or Table 6 of the Standards, may be determined case by case by the Central Competent Authority, after consultation with the competent authorities in charge of specific business at the central government level.
The Central Competent Authority, the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas may make on-site inspections and examinations on the qualifications stipulated in the preceding Paragraph After the promulgation of the amendment of the Standards on March 7, 2009, foreigners shall not be employed to perform manufacturing tasks referred to in Item 2, Paragraph 2 of Article 13 of the Standards. Any of the following conditions shall not be included:
1. Those that apply for verification referred to in Item 2 of Paragraph 1 by March 7, 2009 and conform to the requirements specified in the standards;
2. Those that may be determined case by case by the Central Competent Authority, after consultation with the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas.
Article 14
(Deleted)
Article 14-1
For foreigners employed by the employers referred to in Article 13 of the Standards to perform manufacturing tasks, before October 1, 2010 when the Standards become effective, the number of persons in applying for initial recruitments by their employers are in accordance with the estimated manufacturing workers for specific production procedures or specific timeframe made by the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas, each five persons may apply to hire two foreigners.
The total number of foreigners employed by employers referred to in the preceding Paragraph shall not exceed the ratios stated as follows:
1. For those manufacturing industries in the free trade port areas, the total number of persons applied for shall not exceed forty percent of the average workers hired by the said employers in the preceding year two months prior to the application month adding the estimated manufacturing workers as suggested by the administration of the free trade port areas.
2. For those categorized as Type A industries referred to in the attached Table 2 or Table 3 of the Standards, the total number of persons applied for shall not exceed twenty percent of the average workers hired by the said employers in the preceding year two months prior to the application month adding the estimated manufacturing workers as suggested by the competent authorities in charge of specific business at the central government level.
3. For those categorized as Type B industries referred to in the attached Table 2 or Table 3 of the Standards, the total number of persons applied for shall not exceed eighteen percent of the average workers hired by the said employers in the preceding year two months prior to the application month adding the estimated manufacturing workers as suggested by the competent authorities in charge of specific business at the central government level.
4. For those categorized as other industries referred to in the attached Table 2 or Table 3 of the Standards, the total number of persons applied for shall not exceed fifteen percent of the average workers hired by the said employers in the preceding year two months prior to the application month adding the estimated manufacturing workers as suggested by the competent authorities in charge of specific business at the central government level.
Article 14-2
For foreigners employed by the employers referred to in Article 13 of the Standards to perform manufacturing tasks, if the employer, before October 1, 2010 when the Standards become effective, has submitted the application of the number of persons for initial recruitments to the competent authorities at the central government level or the administration of the free trade port areas, the total number of hired foreign employees for the initial recruitment should not exceed the following ratio:
1. For those manufacturing industries in the free trade port areas, the total number of renewed recruitment shall not exceed forty percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
2. For those Type A+ industries in Table 6 attached, the total number of renewed recruitment shall not exceed thirty-five percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
3. For those A Type industries in Table 6 attached, the total number of renewed recruitment shall not exceed twenty-five percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
4. For those B Type industries in Table 6 attached, the total number of renewed recruitment shall not exceed twenty percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
5. For those C Type industries in Table 6 attached, the total number of renewed recruitment shall not exceed fifteen percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
6. For those D Type industries in Table 6 attached, the total number of renewed recruitment shall not exceed ten percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
The number of average worker referred to in the preceding Paragraph, shall not include the number of the foreign worker hired by the said employers prescribed by Article 14-3 and the proviso of Paragraph 3 of Article 14-5.
Article 14-3
The ratio of the initial recruitment foreign workers applied by an employer pursuant to the preceding Article to the employer’s total hired foreign workers can increase according to the following conditions. However, the total ratio shall not exceed forty percent of the average number of the employees hired by the employer in the previous year in the same period as two months before the month that the employer files the application:
1. In case that the ratio increases to five percent, the employer shall pay extra three thousand New Taiwan Dollars (NT$3,000) per month for each employed foreign worker as the employment settlement fee.
2. In case that the ratio increase exceeds between five percent and ten percent, the employer shall pay extra five thousand New Taiwan Dollars (NT$ 5,000) per month for each employed foreign worker as the employment settlement fee.
3. In case that the ratio increase exceeds between ten percent and fifteen percent, the employer shall pay extra seven thousand New Taiwan Dollars (NT$7,000) per month for each employed foreign worker as the employment settlement fee.
After recruiting foreign workers in accordance with the preceding paragraphs, employers shall not change the amounts of the extra employment fees to be paid by them.
Article 14-4
Employers meeting any of the following qualifications and recognized by the central industry competent authorities for the additional investment case applied by them are eligible to apply for the initial foreign worker recruitment permit:
1. Those that newly establish the factory and acquire the factory establishment registration certificate/documents.
2. Those that meet any of the qualification stated in the preceding Paragraph and any of the following terms:
i) In the high-tech manufacturing industry with an investment amount more than five hundred million New Taiwan Dollars (NT$500,000,000), or other manufacturing industries with an investment amount more than one hundred million New Taiwan Dollars (NT$100,000,000).
ii.) Expect to hire more than one hundred local workers within one year after the issue date of the factory establishment registration certificate estimated in the added investment plan.
The period of the preceding application for recognition shall be from March 13, 2013 when the amendment to the standard has come into effect until December 31, 2014.
The employer recognized according to Paragraph 1 shall apply to the Central Competent Authority for recruitment of foreigners. Foreign applications and hires shall not exceed the recommended ratio as defined by the competent authorities in charge of specific business at the Central Government level.
For the ratio of foreign worker employment as referred to in the preceding paragraph, those that conform to any of the following are exempt from paying the extra employment settlement fee prescribed by Article 14-3 for three years:
1. Item 1 of Paragraph 1: less than five percent.
2. Item 2 of Paragraph 1: less than ten percent.
Article 14-5
Employers meeting the following qualifications and recognized by the central industry competent authorities for their application are eligible to apply for the initial foreign worker recruitment permit:
1. Those that are approved or recognized by the central industry competent authorities for investment in offshore regions for more than two years and meet any of the following terms:
i) International sales of private brand products in the past two years in foreign countries account for more than fifty percent of the company’s total output.
ii) The international supply chain has taken up more than ten percent of the market share among the top five suppliers or in the global market in the most recent year.
iii) Falling in the industries of high-value added products and key components.
iv) The newly established R&D center or business operation headquarters approved by the central industry competent authorities.
2. Factories completed within three years after the date of the ratification document issued by the competent authorities in charge of specific business at the central government level, having acquired necessary factory establishment registration documents, complying with qualifications stipulated in items 1 and 2 of subparagraph 2 in the first paragraph of the preceding article.
The periods of the preceding application for recognition are as follows:
1. Item 1 of the preceding paragraph: From November 22, 2012 to December 31,
2. Item 2 of the preceding paragraph: Within three years after the date of the ratification document referred to in Item 1 of the preceding paragraph and issued by the central industry competent authorities.
The employer recognized according to Paragraph 1 shall apply to the central competent authorities for recruitment of foreign workers at a time, for which the total number of the applied foreign workers and hired foreign workers shall be calculated pursuant to Paragraph 3 of the preceding Article. However, in the case that the ratio of the foreign workers applied by an employer is under forty percent, the employer shall pay an extra employment settlement fee according to Item 3 of Paragraph 1 of Article 14 and increase the ratio of the foreign workers to forty percent.
In terms of the ratio of foreign worker employment referred to in the preceding paragraph, those that meet the following stipulations are exempt from paying the extra employment settlement fee regulated in Article 14-3 and the preceding proviso for five years:
1. Item 1, Paragraph 1 for i) to iii): less than twenty percent.
2. Item 1, Paragraph 1 for iv): less than fifteen percent.
Article 14-6
The investment amount referred to in the preceding two articles shall include substantive investment items, such as land, factory buildings, machinery/equipment and working capital, in which the amount of the investment in factory buildings and machinery/equipment shall reach one half of the investment amount referred to in i) of Item 2 of Paragraph 1 of Article 14-4 and certified by the CPA.
The calculation periods of the investment amount referred to in the preceding two articles are as below:
1. Paragraph 1 of Article 14-4: The amount is limited to the investment made from January 1, 2012 to December 31, 2014.
2. Item 2 of Paragraph 1 of the preceding Article: The amount is limited to the investment made within three years from the date recognized by the central industry competent authorities for conforming to the qualifications listed in Item 1 of Paragraph 1 of the preceding Article.
For a same factory, an employer’s application pursuant to Paragraph 1 of Article 14-4 and Paragraph 1 of the preceding Article for recognition is limited to one time only, for which the central competent authorities and central industry competent authorities shall conduct field inspection to check the employer’s qualifications.
Article 14-7
The identification of the total number of foreign workers hired by the employer in Articles 14-2 to 14-5 should include the following number:
1. The number of foreign workers initially recruited.
2. The number of foreign workers allowed for recruitment, number of foreign workers granted for recruitment, and number of foreign workers recruited. But the following situation can be excluded:
(1) The number of re-recruited foreigners applied for by the employer based on Article 16.
(2) The number of foreign workers that have to be hired in accordance with Article 14-2 and have already been applied to increase the ratio of foreign workers in accordance with Article 14-3 and Proviso of Paragraph 3 of Article 14-5.
(3) The number of foreign workers who are not allowed for recurrent recruitment, re-recruitment or employment due to the changes in the facts on which recruitment permits are based.
3. The number of annulled recruitment permits of foreign workers and the number of employees allowed to be recruited due to the act of employers within the two years prior to the application.
4. The number of foreign workers that have to be recruited by another employer as regulated in Article 59 within the two years prior to the application, except where the reason for such transfer is not attributable to the employer.
The average number of employees, the number of local workers, and the total number of foreigners referred to in articles 14-2 to 14-5are calculated according to the number of employees participating in the employer insured unit of labor insurance. However, under any of the following circumstances, an employer shall respectively set up a labor insurance certificate number in their application for employment of foreign workers:
(1) The factory is recognized by the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas as a specific manufacturing industry of at least two types.
(2) To filed the application pursuant to Articles 14-4 and 14-5.
Article 14-8
The employer applying for employment of foreign workers pursuant to Article14-4 and 14-5 and receiving the initial recruitment permit issued by the central competent authorities shall apply for foreign worker recruitment within the period specified in the permit.
The number of the foreign workers applied by employers for recruitment as mentioned in the preceding paragraph shall not exceed one half of the number of foreign workers permitted for the initial recruitment. However, it is not limited to the situation where the employer has already hired more than half of the number of the local workers estimated to be hired for their added investment case.
Article 15
(Deleted)
Article 15-1
(Deleted)
Article 15-2
(Deleted)
Article 15-3
(Deleted)
Article 15-4
For employers whose employed number of foreigners and recruited total number of foreigners referred to in Article 13, Article 14-1 and Article 16 shall be complied with the following stipulation:
1. For those manufacturing industries in the free trade port areas, the number of foreigners employed shall not exceed forty percent of the workers hired by the said employers.
2. For those manufacturing industries not in the free trade port areas, the number of foreigners employed shall not exceed twenty percent of the workers hired by the said employers. However, for employers who hire workers less than five may employ one foreigner.
The Central Competent Authority shall, starting from said employers have employed foreigners for at least three months, inspect every three months the ratios or numbers of foreigners employed by said employers in accordance with the preceding Paragraph.
The number of foreigners employed and the number of workers hired referred to in Paragraph 1 are calculated as, measured by two months prior to the month of inspection conducted by the Central Competent Authority, the average number of workers who participate in the Labor Insurance three months prior to the measured month.
For employers who employ foreigners exceed the ratios or the numbers of workers referred to in Paragraph 1, when the Central Competent Authority have notified of amelioration by a due date, have not ameliorated prior to the due date, shall, in accordance with Article 72 of the Act, rescind said employers’ recruitment permits and employment permits of those number exceeding stipulation, and count in the number of persons referred to in Item 3, Paragraph 1 of Article 14-7.
Article 15-5
For employers who have applied of major investment projects to the competent authorities for other purposes at the central government level or the administration of the free trade port areas within thirty days after the amendment of the Standards had promulgated on October 1, 2007, their number of persons in applying to make initial recruitments are as follows:
1. For those manufacturing industries categorized as non-traditional industry, their total number applied for shall not exceed ten percent of manufacturing workers estimated by the competent authorities for other purposes at the national government level as suggested.
2. For those manufacturing industries categorized as traditional industry, their total number applied for shall not exceed fifteen percent of manufacturing workers estimated by the competent authorities for other purposes at the central government level as suggested.
3. The total number applied for by employers of the manufacturing industries in a free trade port areas shall not exceed forty percent of manufacturing workers estimated by the administration of the free trade port areas as suggested.
For employers applying for recruiting foreigners referred to in the preceding Paragraph, their total number shall be limited as follows:
1. For those manufacturing industries categorized as non-traditional industry, the total number of foreigners recruited shall not exceed ten percent of the total number of domestic workers employed by the said employers in the same application cases.
2. For those manufacturing industries categorized as traditional industry, the total number of foreigners recruited shall not exceed fifteen percent of the total number of domestic workers employed by the said employers in the same application cases.
3. The number of domestic workers employed by employers of the manufacturing industries in a free trade port area shall not be less than sixty percent of their total employees. And for every two foreigners applied for recruitment, the employer shall employ three domestic workers.
The number of domestic workers referred to in the preceding Paragraph, shall be calculated by the number of domestic workers who participate in the Labor Insurance three months prior to the month that their employers make the application, minusing the number of domestic workers who participate in the Labor Insurance six months prior to the completion of the said major investment projects. However, if domestic workers are aboriginals, physical or mental disable persons, or senior aged, then each such person employed shall be calculated as three domestic workers.
For the calculation of workers participating in the Labor Insurance referred to in the preceding Paragraph, they shall be limited to the workers who have been employed for three months and their total working hours have exceeded one hundred and twelve hours in the preceding month making application and they are currently employed.
Article 15-6
For employers who have been verified as industries of specific production procedures or specific timeframe by the competent authorities for other purposes at the central government level prior to the promulgation of the amendment of the Standards on October 1, 2007, their number of persons in applying to make initial recruitments, according to the estimated manufacturing workers for specific production procedures or specific timeframe made by the competent authorities of other purposes at the central government level, each five persons may apply to hire two foreigners.
The total number of foreigners employed by employers referred to in the proceeding Paragraph shall not exceed the average workers hired by the said employers in the preceding year two months prior to the application month, plus fifteen percent of the estimated manufacturing workers for specific production procedures or specific timeframe as suggested by the competent authorities of other purposes at the central government level.
For every two foreigners applied for recruitment in Paragraph 1, the employer shall employ three domestic workers.
The number of domestic workers in the preceding Paragraph, shall be calculated by the number of domestic workers who participate in the Labor Insurance the month of application, minusing the number (of workers) participate in the Labor Insurance the date of notification about estimated manufacturing workers for specific production procedures or specific timeframe as suggested by the central competent authorities for other purposes at the central government level, and they shall be currently employed. However, if domestic workers are aboriginals, physical or mental disable persons, or senior aged, each such person employed may be calculated as three domestic workers.
For employers who have number of persons that have not applied for recruitments after the promulgation of the amendment of the Standards on October 1, 2007, may apply for recruiting foreigners, and apply to specifications referred to in Article 15-4.
Article 15-7
Number of foreign employees hired by the employer and total number of foreigners introduced by the employer based on articles 13,14-2 and 16 should comply with the following regulations:
1.For those manufacturing industries in the free trade port areas, the number of foreigners employed shall not exceed forty percent of the workers hired by the said employers.
2.For those categorized as Type A+ industries referred to in the attached Table 6, the total number of foreigners employed shall not exceed thirty-five percent of the workers hired by the said employers.
3.For those categorized as Type A industries referred to in the attached Table 6, the total number of foreigners employed shall not exceed twenty-five percent of the workers hired by the said employers.
4.For those categorized as Type B industries referred to in the attached Table 6, the total number of foreigners employed shall not exceed twenty percent of the workers hired by the said employers.
5.For those categorized as Type C industries referred to in the attached Table 6, the total number of foreigners employed shall not exceed fifteen percent of the workers hired by the said employers.
6.For those categorized as Type D industries referred to in the attached Table 6, the total number of foreigners employed shall not exceed ten percent of the workers hired by the said employers.
The competent authorities at the central government level should verify the ratio of employed foreigners by the said employers as regulated in Paragraph 2 to 4 of Article 15-4.
Employers shall comply with what are regulated in the attached Table 7 of the Standards for the number of employed foreign workers, the total number of recruited foreign workers prescribed by Article 13 and Article 14-3 to 14-5 and the way audited by the central competent authorities for employers’ employment of foreign workers.
Article 15-8
If the number of foreigners employed exceeds the number prescribed in Paragraph 3 of Table 7 of the preceding Article, the Central Competent Authority will revoke employer’s recruitment permit, pursuant to Article 72. Employer shall pay additional security fee originally waived according to Article 14-4 and 14-5. See below for calculation of owed employment security fee based on number of foreigners employed, total amount, and period:
1. Number of foreigners: Refers to number of foreigners listed in the recruitment and employment permit revoked by the Central Competent Authority. However, those not exempt from extra employment security fee are excluded from calculation.
2. Amount: Owed employment security fee shall be calculated in accordance with sections in Paragraph 1 of Article 14-3, based on number of foreigners listed in revoked permit.
3. Period:
i) Initial inspection: Starting the day after foreigner in question enters country, ending the day before employment permit is revoked.
ii) Subsequent inspections: Starting the day after the Central Competent Authorities inform employer of improvement deadline, ending the day before employment permit is revoked. However, if foreigner enters the Republic of China after employer has been informed of improvement deadline, period shall begin the day after entry, ending the day before employment permit is revoked.
Article 16
Within four months prior to expiration of the employment permit of foreigners, if the employer of the manufacturing industry need to continue employing foreigners, the employer may apply for renewed recruitment from the Central Competent Authority. The application shall be made only once.
Number for re-recruitment as mentioned in the previous paragraph should not exceed that of the former recruitment or continue the permitted number of people in the same insurance registry..
Article 16-1
(Deleted)
Chapter V Construction Jobs
Article 17
For foreigners hired to perform the construction tasks referred to in Item 2, Article 4 of the Standards, their employers shall be limited to undertaking one of the following major construction projects:
1. Major public construction projects under the Twelve Major Infrastructure Programs controlled and audited by the Executive Yuan, or any national economic construction projects approved and registered by the Executive Yuan, and their total amount of construction exceeds 100 million New Taiwan Dollars.
2. Other construction projects initiated by governmental authorities outside the preceding Item, their total amount of construction exceeds 200 million New Taiwan Dollars, and the duration of construction is over five hundred and forty-seven calendar days.
3. Public-enterprise construction projects invested by the private sector and approved by the competent authorities for other purposes at the central governmental level and designated as special cases, their total amount of construction exceeds 200 million New Taiwan Dollars, and their duration of construction is over five hundred and forth-seven calendar days.
4. Construction projects invested by the private sector and approved and promoted by governmental authorities, or major public construction projects participated by civilian institutions and approved by the competent authorities, the total amount of the major construction projects or the promoted construction projects exceeds 200 million New Taiwan Dollars, and their duration of construction is over five hundred and forty-seven calendar days.
5. The non civil engineering programs affiliated with those construction projects that are consistent with the qualifications listed in the preceding Items, their total amount of construction exceeds 50 million New Taiwan Dollars, and their duration of construction is over five hundred and forth-seven calendar days.
6. Construction projects for public or private schools or medical institutions, their total amount of construction exceeds 150 million New Taiwan Dollars, and their duration of construction is over five hundred and forty-seven days.
7. Construction projects for public or private social welfare institutions, their total amount of construction exceeds 100 million New Taiwan Dollars, and their duration of construction is over five hundred and forty-seven calendar days.
8. Construction projects for factories of major investment projects for manufacturing industries.
If the construction projects referred to in every Items of the preceding Paragraph are approved by the competent authorities for other purposes at the central government level as major economic construction investment programs, the total amount of their construction exceeds 200 million New Taiwan Dollars, the duration of their construction is over five hundred and forty-seven calendar days, and the whole construction project is designed, controlled and planned, or installed equipment by the business entities themselves, those business entities themselves may apply for hiring foreigners.
If numerous contracts in the same major construction project are undertaken by the same employer, and if the combined total amount of construction is consistent with one of the qualifications referred to in Paragraph 1, employer may divide every single contract and to apply for hiring foreigners individually.
When employers hiring foreigners referred to in Paragraph 1 make their initiate or renew recruitments, their applications shall first submit to the construction authorities or business entities for examination are review. Construction authorities or business entities shall register their review opinions on manpower necessities for the said major construction projects.
Unless approved and registered by the Central Competent Authority and designated as special cases, otherwise, foreigners shall not be hired to perform construction tasks when the construction authorities are receiving their bidding tenders, or for those major construction projects their construction contracts are signed after May 16, 2001.
Article 18
For foreigners hired by employers referred to in the preceding Article to perform construction tasks in the same major projects, their number in total shall not exceed the number calculated in the attached Table 4 of the Standards.
Article 19
For foreigners hired by employers referred to in Article 17 of the Standards to perform construction tasks, when their employers obtained initial recruitment permits, if they employ one aboriginal worker, they may apply to employ two foreign workers, and if they employ one other domestic worker, they may apply to employ one foreign worker.
For those employers being approved by special projects, their ratio of the number of employing domestic workers and employing foreign workers may be increased.
Chapter 5-1 Slaughter work
Article 19-1
Foreigners hired for slaughter work, as mentioned in Article 4-3, by the employer engaging in slaughter, cutting, disintegration and dispensation of livestock or related labor should be approved by the Central Authority for an application of first foreign workers recruitment.
The Central Government and the Industry Competent Authority may conduct spot checks as regulated in the former paragraph.
Article 19-2
If the application of the employer to hire foreigners for slaughter work is approved by the Central Industry Competent Authority, as described in the previous Article, the number of employees approved by the Central Authority for first recruitment and the total number of foreign workers employed should not exceed 25% of the average number of employees one year and two months prior to date of application submitted.
The average number of employees hired described in the previous article does not apply to the number of foreigner hired according to the premise listed in Article 19-3 section 1.
Article 19-3
The ratio of the number of first recruitment applied for by the employer and the number of foreign employees may be increased for the following circumstances, yet the total should not exceed 40% of the average number of employees one year and two months before:
1.If ratio is increased for 5%, the employer is requested to pay 3,000 NT monthly for employment security fees.
2.If ratio is raised above 5% up to 10%,the employer is requested to pay 5,000 NT monthly for employment security fees.
3.If ratio is raised above 10% to 15%, the employer is requested to pay 7,000 NT monthly for employment security fees.
Once the employer raises the percentage of foreign employees based on articles mentioned before, the amount paid for employment security fees shall not be changed.
Article 19-4
The total number of foreign employees hired by an employer as affirmed in previous two articles should include:
1. The first recruitment of foreign employees.
2. The number of recruitment allowed for application, the number of recruitment permitted and the number of foreigners already employed, excluding any of the following circumstances:
(1) The number of re-recruitment of foreign employees, as mentioned in Article 19-6.
(2) The number of foreign employees specified in Article 19-2 of which ratio has been increased, based on Article 19-3.
(3) The number of foreign workers not allowed for recurrent recruitment, re-recruitment, or employment due to the changes in the facts on which recruitment permits are based.
3. The numbers of recruitment and employment repealed for reasons to which the employer is liable, within two years prior to the date of application.
4. The number of foreign employees whose employer has changed within two years prior to date of application, except where the reason for such transfer is not attributable to the employer.
The average number of employees and foreign workers defined in previous two clauses is on the basis of the number of employees insured with the same registered labor insurance.
Article 19-5
The number of foreign employees employed and introduced by the employer as mentioned in Articles 19-1 and 19-2, should not exceed 25% of the total number of employees.
The numbers of foreigners employed and those introduced by the employer based on Articles 19-1, to19-3,and checks on recruitment and employment conducted by the Central Authority should comply with regulations in Attachment 10.
The Central Authority will, once every three months, conduct checks on the ratio and number of foreign employees three months after the employer introduced the foreign workers.
Number of foreign employees and that of employees mentioned in paragraph 1 and 2 will take two months prior to the audit month conducted by central authority as the reference month, and will be counted with average number of employees insured with labor insurance in first 3 months, starting from reference month month.
If the number and ratio of foreign employees exceed those specified in the first paragraph, and, if the employer fails to improve after notice from the Central Authority, the permit for recruitment and employment can be repealed according to Article 72, and the number will be accounted for the calculation of Article 19-4-I-(3).
Article 19-6
Employer of butchery industry, if necessary, may apply to the Central Authority for re-recruitment to hire foreign workers, within four months prior to expiration of permit.
Number of re-recruitment for foreign employees cannot exceed that of former recruitment and subsequent employment under the same labor insurance.
Chapter VI Institutional Nursing Jobs
Article 20
For foreigners hired to perform the institutional caring tasks referred to in Item 3, Article 3 of the Standards, their employers shall have one of the following qualifications:
1.Long-term nursing institutions, caring institutions, nursing care institutions, or social welfare organizations for receiving and caring middle-range physically or mentally disable persons, mentally disturbed persons, or persons suffering from dementia.
2.Nursing and caring family institutions, hospitals for chronic illness patients or general hospitals, ordinary hospitals or specialized hospitals with wards for chronic illness patients or respiratory disease wards.
Article 21
Foreigners hired by employers referred to in the preceding Article, shall be limited in number as follows:
1. Institutions referred to in Item 1 of the preceding Article may hire one foreign care taker for every three persons actually received and cared for by those institutions,
2. Institutions referred to in Item 2 of the Article, may hire one foreign care-giver for every five hospital beds registered by law.
The number referred to in the preceding Paragraph shall not in total exceed the number of domestic care-givers.
The number of domestic care-givers mentioned in the preceding paragraph is based on the number of employees insured by the employer on the day of application for the recruitment permit.
Chapter VII Family Nursing Jobs
Article 22
For foreigners hired to perform family caring tasks referred to in Item 4, Article 3 of the Standards, the persons under their care shall have one of the following qualifications:
1. Persons with one of items listed in the specially grave physical or mental diseases..
2. After a professional team evaluation conducted by a medical institution, persons under the age of eighty who are determined as requiring all-day care
3. Over-80-year-old people considered to be severely dependent upon nursing services with a professional assessment by the teams of medical institutions.
4. Over-85-year-old people considered to be mildly dependent upon nursing services with a professional assessment by the teams of medical institutions.
Those who have accumulated enough points and applied for housemaid jobs shall not be listed as care recipient defined in preceding Paragraph.
The items of specially physical and metal diseases referred to in Item 1, Paragraph 1 is listed in the attached Table 5 of the Standards..
The medical institutions regulated from the Section 1, Item 2 to the Item 4 are published by Central Competent Authority- Central Health and Welfare's Authority.
The professional assessment regulated from the Section 1, Item 2 to the Item 4 is published by Central Health and Welfare's Authority.
Article 22-1
If a care-receiver meets the eligibility criteria listed in Appendix 8 and the employer has ever applied for the employment of a foreign worker from a competent authority, the care-receiver is not subject to the requirements stated in the preceding article to receive a medical professional assessment.
Article 22-2
When a foreigner hired to perform the jobs referred to in Items 8 to 10, Paragraph 1 to Article 46 of the Act, in addition to meeting other requirements specified in the Standards, has worked for 12 years or will have worked for 12 years within one year in the Republic of China and has also acquired 60 points provided for in Table 9, the accumulated working period of the foreigner may be allowed to be 14 years after the employer has applied for the permit of the foreigner to engage in in-house nursing work.
Article 23
For foreigners hired to perform family nursing jobs referred to in Item 4, Article 3 of the Standards, their employers and the persons under their care shall have one of the following relative relationships:
1.Spouse
2.Direct blood relative
3.Collateral blood relations in third degree
4.Marriage relations in first degree
5.Grandparents and grand-daughters-in-law, or grandparents and grand-sons-in-law.
In case that employers or persons under care are foreigners, they shall have permits issued by competent authorities to stay in the Republic of China.
In case that the persons under care do not have relatives in the Republic of China, or their special circumstances have been approved by the Central Competent Authority and designated as special cases, persons without relative relationships with the persons under care may become employers, or may treat the persons under cars as employers to apply for hiring foreigners. However, in case that the persons under care are treated as employers, they shall designate persons with full legal capacity to perform the duties of employers in case these persons under care can not assume their duties as employers.
Article 24
The number of foreigners hired by employers referred to in the preceding Article to perform family nursing jobs, shall be limited to one foreigner taking care of one person under care. However, when the same person under care has one of the following situations, one additional foreigner may be hired:
1.Listed as vegetative persons by the handbooks or certificates for physically and mentally disabled persons.
2.Evaluated as zero point in accordance with Barthel’s score by medical professional diagnosis, and their condition cannot be ameliorated within six months.
Article 24-1
During the term of the employment permit for foreigners hired to perform family nursing jobs, if employers are verified by the competent authorities to have violated the provisions of the third or fourth paragraphs of article 57 of the Act, the Central Competent Authority will set forth a time frame in which employers must arrange for the nurse to conduct a professional reassessment according to regulations at a specified medical institution.
If employers have not complied before the deadline noted by the Central Competent Authority, or person under care is found by profession evaluation to no longer qualify under the conditions of paragraph 1 of Article 22 or prior articles, the Central Competent Authority shall annul the recruitment permit and employment permit in part or in whole according to Provision 72 of this Act.
Chapter 7-1 Outreach Nursing Jobs
Article 24-2
Employers of the foreign workers hired for the outreach nursing jobs prescribed by Paragraph 5 of Article 3 shall meet the following qualifications:
1. A juridical institution, non-profit juridical association or public welfare group established or registered by law.
2. Entrusted by local competent authorities in the past year to provide home care services.
For the foreigners who are willing to engage in outreach nursing services, they shall correspond with one the provisions as follows:
1. The qualification correlates with the Article 22, Section 1.
2. The person was reported by the Central Competent Authority on account of important events.
Article 24-3
The employers referred to in Paragraph 1 of the preceding Article shall submit the outreach nursing service plan according to the period and requirements announced by the central competent authorities.
The outreach nursing service plan stated in the preceding paragraph shall cover the following details:
1. Employer’s qualification certificate documents.
2. Planning for service offer, fee-charging items and amounts and the contract template.
3. Planning for nursing manpower deployment and supervision and educational training mechanism.
4. Other outreach nursing service related data.
After the outreach nursing service plan being ratified by the central competent authorities, the employer shall follow the content of the ratified outreach nursing service plan to execute the details.
The number of foreign workers hired by the employer referred to in the preceding Article for outreach nursing jobs shall not exceed the number of local caretakers hired by the same employer.
Article 24-4
When assigning local caretakers and foreign workers for outreach nursing jobs, the employer shall submit the following documents before the 5th of each month and notify the central competent authorities for audit:
1. Last month’s written outreach nursing service records and the certificate showing the ones to be nursed meet the qualifications prescribed by Paragraph 1 of Article 22.
2. The daily schedule of the on-going month’s outreach nursing service assignments.
The central competent authorities shall examine the qualifications of the ones to be nursed, whereas the local competent authorities shall non-periodically examine employers or visit those who are nursed in their region according to the content of the ratified plan.
In case of any of the following circumstances occurring to employers, the central competent authorities shall revoke total or part of the recruitment permit and employment permit pursuant to Article 72:
1. The assigned foreigner doesn't correspond with the competency for a caregiver engaging in home attendant regulated in Article 24, Section 2, and the person didn't improve their behaviour within the defined period.
2. Violate related statutory laws or ratified outreach nursing service plan, for which the violation is considered serious by the central competent authorities.
3. Have poor business operation or seriously harm public welfare.
Chapter VIII Bilingual Translation Jobs
Article 25
For foreigners hired to perform bilingual translation tasks referred to in Item 1, Article 5 of the Standards, they themselves shall have the qualifications of graduating from senior high schools or above in the Republic of China or abroad, and their employers shall be private employment service agencies engaging in cross-countries manpower match-making business.
Article 26
Foreigners hired by employers referred to in the preceding Article and performing bilingual translation tasks shall be limited in number as follows:
1.Less than one-fifth of the number of operating personnel hired by the agencies referred to in the preceding Article.
2.Counting the foreigners recruited by the agencies referred to in the preceding Article, one translator may be hired for every fifty foreigners from the same country.
The above-mentioned number of foreign workers hired must not be more than 16 in total.
The number of operating personnel hired by the agencies referred to in Paragraph 1, Subparagraph 1 shall be subject to the number of employees who participated in the labor insurance on the date of applying for the recruitment permit.
Chapter XI Foreign Cooks and Their Related Jobs
Article 27
For foreigners hired to perform cooks and their related tasks referred to in Item 2, Article 5 of the Standards, their employers shall be private employment service agencies engaging in cross-countries manpower match-making business, and have been trusted to manage over one hundred foreigners from the same country performing the tasks stipulated in the Standards.
Article 28
For foreigners hired by employers referred to in the preceding Article and perform cooking and related tasks, their number shall be limited as follows:
1. For those companies trusted to manage over one hundred and less than two hundred foreigners, they may hire two foreign cooks and one related personnel.
2. For those companies trusted to manage over two hundred and less than three hundred foreigners, they may hire three foreign cooks and two related personnel.
3. For those companies trusted to manage over three hundred foreigners, they may hired one foreign cook and one related personnel for each additional one hundred foreigners under their management.
If foreigners trusted to be managed in the preceding Paragraph are from different countries, they shall be counted separately.
Chapter VI Supplementary Provisions
Article 29
The Standards shall be effective on the day of promulgation.
The amendment to the Standards promulgated on November 11, 2015 shall be effective on October 9, 2015.