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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 18:18
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Chapter Law Content

Chapter III Applications for Recruitment and Employment Permits for Type B For-eign Workers
Article 17
In order to apply to employ type B foreign workers, an employer is required to offer reasonable employment terms and register such job openings with a local public employment services agency, and following registration advertise such job ads on the nationwide Employment Information Network established by the Central Competent Authority pursuant to Article 22 of the Act, and seek to recruit domestic workers for a minimum of seven days. However, if an employer also advertises such job openings in domestic newspapers assigned by the Central Competent Authority for two consecutive days at the same time, he/she can seek to recruit domestic workers for a minimum of three days after the advertisement period ends.
The advertisement for the job openings detailed in the above paragraph shall specify the type of work, number of persons to be recruited, required specialty or qualifications, name of the employer, wage/salary, work hours, work location, employment period, whether meals are provided and the name, address and telephone number of the public employment service agency that processed the registration.
When conducting recruitment as referred to in the above paragraph, the employer is required to notify the labor union or workers of the business entity involved in the recruitment and publicly announce the recruitment in a location where it can be readily seen by employees.
When an employer applies to employ a foreign live-in care giver, domestic recruitment should be conducted in accordance with the provisions of Article 18.
Article 18
An employer who wants to hire a live-in caregiver is required to apply for a professional assessment of the care recipient at a medical institution designated by the Central Competent Authority.
If the care recipient is professionally assessed as meeting the Central Competent Authority regulations for hiring a foreign caregiver and there are valid reasons that native caregivers recommended by a long-term care center under a municipal or county (city) government cannot meet the care requirements, the employer can apply to the Central Competent Authority to employ a foreign caregiver.
If the care recipient has any of the following conditions, employers can directly apply for a domestic caregiver recommended by a long-term care centre under a municipal or county (city) government without the aforementioned assessment:
1. Possessing a specific Catastrophic Illness Manual or certificate.
2. Meets the regulations of the Central Competent Authority for not requiring a professional assessment by a medical institution.
Article 19
In accordance with the provisions of Article 17, type B foreign workers employed by the employer must possess the same specialty or qualifications required by the employer when conducting domestic recruitment. When necessary, the Central Competent Authorities may re-examine the specialty or qualifications of type B foreign workers and those who fail such a reexamination will not be issued a permit.
If an employer utilizes selection testing as part of domestic recruitment then when register-ing job openings he/she is required to submit the testing criteria and hiring conditions to the public employment services agency in charge of registration for reference purposes. The agency will specify a date on which the test will be conducted and also invite experts with the required expertise to witness the test.
The aforementioned testing criteria and hiring conditions will be announced by the Central Competent Authorities based on category of work.
Article 20
An employer who has sought to recruit domestic workers in accordance with Paragraph 1, Article 17 but cannot recruit sufficient numbers, can within 15 days of the last advertising day detailed in Paragraph 1, Article 17, submit recruitment advertising materials, a list of employed domestic workers and documents required by the Central Competent Authority, to the public employment services agency in charge of registering the certificate of em-ployment demands.
After the public employment services agency reviews and approves an employer as being in compliance with Articles 17 and 19, the agency will issue an employment ad certificate indicating that insufficient number of domestic workers were recruited.
Article 21
Employers conducting domestic recruitment in accordance with relevant laws and regula-tions must not engage in any of the following behavior with individuals recommended by public employment services agencies, or self-recommended job applicants:
1. Make false statements regarding the difficulty or danger of work.
2. Reject a job applicant on the grounds he/she lacks the required skills when the job open-ing ad does not require technicians or requires physical labor.
3. Decline to employ a domestic worker for any other unjustified reason.
Article 21-1
When an employer seeks to recruit domestic workers using one of the following methods but is unable to hire a sufficient number an application for recruitment registration to employ category B foreign workers can be filed with a public employment services agency in the area where the place of work is located, for 60 days after the conclusion of the recruitment period:
1. A minimum of 7 days after applying for recruitment registration to a public employment services agency in the area where the place of work is located.
2. A minimum of 7 days after posting a “job advertisement” on the national employment information portal established pursuant to Article 22.
When an employer applies for a recruitment certificate in accordance with the above paragraph the following documents should be appended:
1. Information should be provided detailing reasonable labor conditions, job advertisement content, union notification, workers and ads detailed in Paragraphs 1-3, Article 17.
2. A list of employed domestic workers.
3. Other documents stipulated by the Central Competent Authority.
When a public employment services agency reviews an application by an employer in accordance with the above two paragraphs and finds no violation of provisions in the above Article, a recruitment certificate should be issued based on the employer’s inability to recruit sufficient domestic workers.
Article 22
When an employer applies for a type B foreign worker recruitment permit the following documents are required:
1. Application form.
2. Photocopy of the certified identity documents of the applicant or person in charge of the company; company registration documentation, limited partnership certified documentation, business registration certificate, factory registration certificate or franchise license. However, in accordance with related legal provisions those exempted from applying for a factory registration certificate or franchise license do not have to submit them:
(1) Those who hire foreign workers to engage in construction projects;
(2) Those exempted from providing franchise licenses under other related laws and regulations.
3. Employment demands certificate. However, those who employ foreign live-in caregivers are exempted from providing the certificate.
4. When an employer recruits locally he/she is required to provide a list of employed domestic workers. However, those who employ foreign live-in caregivers are exempted from providing said list.
5. Certified documents issued by a municipality or county (city) government for the following:
(1) When in accordance with existing regulations a contribution has already been made to the Labor Retirement Reserve Fund and Labor Pension Fund
(2) When in accordance with existing regulations payment has already been made to the Wage Arrears Payment Fund
(3) When in accordance with existing regulations labor insurance premiums and occupational accident insurance have already been paid
(4) When in accordance with existing regulations a fine has already been paid for violation of labor laws.
(5) When in accordance with existing regulations management and labor meeting(s) have been held.
(6) When there are insufficient facts to indicate the occurrence of a strike, or management-labor disputes at work locations designated for type B foreign workers, pursuant to Article 10 of the Act.
(7) When there are insufficient facts to indicate evidence of business difficulties, suspension of operations, factory closure or business shut down.
(8) No evidence of the down grading of work conditions for domestic workers due to the employment of type B foreign workers.
6. Original copy of review fee receipt.
7. Other documents required by the Central Competent Authority.
Events detailed in Items 6 to 8, Subparagraph 5 of the above paragraph shall be limited to those that happened in the two year period prior to the of date of application.
When an employer applies to employ foreign workers and any of the following conditions pertain the certified document listed in Subparagraph 5, Paragraph 1 do not have to be pro-vided:
1. Employment of foreign live-in home help and live-in caregivers.
2. Employment of foreign workers in the ocean fishing industry by individual employers who do not hire domestic workers and agree to share the surplus with a partner(s).
3. Employment of foreign workers to work in agriculture, forestry, animal husbandry and aquaculture industries by individual employers who do not hire domestic workers.
When the employer is a civic organization, other than having to provide the documents detailed in Subparagraph 1 and 3-7, Paragraph 1, organization accreditation documents and photocopies of the organization responsible person’s certified identity documents must also be provided.
Article 23
If an employed type B foreign worker leaves the Republic of China for reasons not attributable to the employer, said employer can apply for a replacement in accordance with the provisions of Paragraph 1, Article 58 of the Act by submitting the following documents:
1. Application form
2. Certified documents proving the foreign worker has left the Republic of China.
3. A document issued by a municipal or county (city) government confirming the termination of the employment relationship between the employer and type B foreign worker. However, verification is not required if the employer terminates the employment relationship with the worker and makes an announcement to that effect in accordance with Article 68 or where a foreign worker has no new employer to provide continued employment and leaves the country.
4. Other documents required by the Central Competent Authority.
If the employer in the preceding paragraph applies for a replacement due to the death of a foreign worker, the following documents must be submitted:
1. Application form
2. Death certificate of the foreign worker
3. Other documents required by the Central Competent Authority.
If an employer applies for a replacement type B foreign worker after said worker goes missing in accordance with Paragraph 1, Article 58 of the Act and Subparagraph 1 or Sub-paragraph 2, Paragraph 2 of the same Article, the following documents must be submitted:
1. Application form
2. Other documents required by the Central Competent Authority
If an employer agrees to a live-in caregiver transferring employer or work and applies for a replacement, then in accordance with Subparagraph 3, Paragraph 2, Article 58 of the Act the following documents must be submitted:
1. Application form.
2. Photocopy of the new employer’s continued employment permit letter. However, this is not required when a new employer has not continued employment of the foreign worker more than one month after the employment permit is canceled.
3. Other documents required by the Central Competent Authority.
Article 24
When a foreign worker leaves the Republic of China, dies or goes missing and becomes undocumented, the employer is required to notify the entry and exit administrative authority and the police. Three months after that notification the employer has a six month period in which to apply for a replacement type B foreign worker in accordance with Paragraph 1, Article 58 of the Act
When an employer applies to replace a live-in caregiver in accordance with Paragraph 2, Article 58 of the Act the application must adhere to the following time provisions:
1. Applications filed in accordance with Subparagraph 1, Paragraph 2, Article 58 of the Act must be submitted within six months of a foreign worker going missing.
2. Applications filed in accordance with Subparagraph 2, Paragraph 2, Article 58 of the Act must be submitted within the six month period after the foreign worker has been missing for two months.
3. Applications filed in accordance with Subparagraph 3, Paragraph 2, Article 58 of the Act must:
(1) Be submitted within six months of the start date of the new employer continuing the foreign worker’s employment
(2) Be submitted within six months of an employment permit being revoked and a new employer not continuing the employment of a foreign worker for one month.
The Central Competent Authority will not grant a replacement application if an employer files it after the deadlines detailed above.
Article 24-1
Before these measures were amended on May 20, 2023, if the following situations pertain to foreign workers hired by employers, applications for replacements must be filed within six months of the amendments to the measures coming into effect:
1. When a foreign worker goes missing and becomes undocumented, the employer is required to notify the entry and exit administrative authority and the police, and can apply for a replacement between three and six months after filing a report.
2. When a foreign worker engaged in live-in care work goes missing and becomes undocumented the employer is required to notify the entry and exit administrative authority and the police, and can apply for a replacement between one and three months after filing a report.
3. When an employer agrees to a foreign worker engaged in live-in care work transferring employer or work and after the cancelation of the employment permit a new employment has not continued the foreign worker’s employment within a one month period.
If an employer exceeds the replacement application period detailed in the above paragraph, the Central Competent Authority will not grant a permit.
Article 25
When an employer applies to employ type B foreign workers, he/she shall not withdraw employment demands registration within six months prior to domestic recruitment without having a good reason for doing so.
Article 26
When an employer receives approval from the Central Competent Authority to re-recruit type B foreign workers, he/she must not bring in or employ type B foreign workers before the original type B foreign workers leaves the Republic of China, other than where the following conditions pertain:
1. When an employer agrees to a foreign worker transferring employer or work and the new employer undertakes continued employment of said worker, during the period for which the employment permit is valid.
2. When a foreign worker engages in live-in care work and the employer agrees to a transfer of employer or work while the employment permit remains valid, but more than one month after the employment permit is canceled a new employer has not continued the employment of the foreign worker.
3. When the validity of a foreign worker’s employment permit ends and the original employer is permitted to continue employment (hereinafter contract completion continued employment).
4. When the period for which the foreign worker’s employment permit is valid ends and a new employer receives permission for continued employment (hereinafter contract completion transfer) in accordance with the Employer and Work Transfer Procedures (hereinafter Employer Transfer Rules) for foreign workers engaged in work listed in Subparagraph 8 to 10, Paragraph 1, Article 46, of the Employment Service Act.
5. When the departure of a foreign worker is postponed due to detention, criminal penalty, major disease or injury or other reason not attributable to the employer and the Central Competent Authority grants approval.
Article 27
If when an employer applies to hire type B foreign workers, it is found that the number of domestic workers he/she has laid off or dismissed over the preceding two years is at a level proscribed by the Central Competent Authority said authority can refuse to issue a permit.
Article 28
If when an employer applies to employ type B foreign workers any of the following situa-tions are found to exist the Central Competent Authority will refuse to issue a permit:
1. The employer, care recipient or other relatives who live together, has committed one of the crimes listed in Articles 221-229 of the Criminal Code against a previous type B for-eign worker.
2. A representative of the employer, person in charge, or individual who takes care of labor affairs on behalf of the employer, has committed one of the crimes listed in Articles 221-229 of the Criminal Code against a previous type B foreign worker.
Article 29
If when an employer applies to employ type B foreign workers he/she is found to be in vio-lation of any of the standards listed in Paragraph 2, Article 46 or the criteria in Paragraph 2, Article 59 of the Act, the Central Competent Authority will refuse to issue a permit:
Article 30
When an employer applies to recruit type B foreign workers the Central Competent Authority will prescribe document validity periods for all application documents and application procedures.
When the employer in the above paragraph receives approval to recruit type B foreign workers he/she is required to complete all necessary procedures to facilitate their entry into the Republic of China from an approved labor exporting country within six months of the date on the permit notification. If the employer is unable to complete the procedure within the specified time, he/she has a further three months to do so starting from the day after the original time period expires.
If the procedure is not completed within the time period detailed in the above paragraph, the recruitment permit is invalidated.
Article 31
An employer cannot employ a type B foreign worker who has already entered the Republic of China, except in the following cases:
1. When the Central Competent Authority approves contract completion continued em-ployment or a contract completion transfer
2. When a case is approved by the Central Competent Authority on an ad hoc basis.
Article 32
When a type B foreign worker applies for a visa to enter the Republic of China in accord-ance with applicable laws and regulations, he/she is required to submit the following doc-uments:
1. Recruitment permit
2. Report issued by a hospital approved or designated by the Central Competent Health and Welfare Authority of the Republic of China, certifying that a type B foreign worker passed a health examination conducted within the three month period prior to the application.
3. Professional certification
4. A certified document attesting to the good behavior of the type B foreign worker. How-ever, this is not required when worker applies for re-entry within 30 days of departing the Republic of China.
5. An affidavit from the type B foreign worker on expenses incurred traveling to the Re-public of China to work and wage/salary verified by the Competent Authority in the work-er’s country of origin.
6. A signed labor contract
7. An affidavit from the type B foreign worker attesting to his/her understanding of related work regulations in Taiwan
8. Any other visa application documents stipulated by the Central Competent Authority for the Related Business.
If the original type B foreign worker hired by the employer is re-recruited by the employer him/herself without commissioning a private employment services agency and the applica-tion documents are transferred through the Central Competent Authority, the documents listed in Subparagraphs 3 to 5 and Subparagraphs 7 in the preceding paragraph do not have to be submitted.
Article 33
When an employer applies to employ a type B foreign worker he/she should adhere to a Foreign Workers Living Care Service Plan
The aforementioned Foreign Workers Living Care Service Plan should include the following:
1. Secure and sanitary board and lodging.
2. Guaranteed health and safety provisions.
3. Information on recreational and cultural facilities and religious activities.
4. Consultation services on adapting to life in Taiwan.
5. Accommodation location and life care service personnel.
6. Other items required by the Central Competent Authority.
When an employer hires a live-in home help or live-in caregiver, items prescribed in Sub-paragraphs 3 and 4 of the preceding paragraph do not have to be included in the plan.
If an employer violates the provisions of the first paragraph and the infraction is deemed minor by the local competent authority he/she will be notified in writing and given a fixed period in which to make improvements.
If an employer makes any alterations to the provisions of Subparagraph 5, Paragraph 2, he/she should notify the local competent authority where the foreign worker lives or works in writing within seven days of the change being made.
Article 34
An employer applying to hire type B foreign workers is required to submit the following documents to the local competent authority within three days of the workers arriving in the Republic of China so an inspection can be conducted:
1. Foreign worker arrival notification form
2. Foreign Workers Living Care Service Plan
3. List of foreign workers.
4. An affidavit from the type B foreign workers on expenses incurred traveling to the Re-public of China to work and wage/salary verified by the Competent Authority in the work-er’s country of origin. However, a foreign worker who meets the requirements in Para-graph 2, Article 32 is exempted from submitting such an affidavit.
When the local competent authority receives the correct documents from the employer it will issue a certificate indicating it received notification of the arrival of the foreign worker in the Republic of China and conduct the aforementioned inspection. However, if such an inspection was conducted and passed in the six months preceding the issue of the certifi-cate the inspection does not have to be conducted.
The provisions of the first paragraph do not apply to contract completion continued em-ployment employers
Contract completion transfer employers should submit the required documents in accord-ance with the Employer Transfer Rules, to notify the local competent authority to conduct an inspection
If foreign worker accommodation was not planned by the employer in accordance with Subparagraph 5, Paragraph 2, of the previous Article, after the local competent authority receives notification from the employer in accordance with Paragraph 1 or Paragraph 5 of the previous article it should visit the foreign workers to determine their true feelings on the matter.
Article 34-1
When an employer applies to hire a foreign worker to engage in live-in home help or caregiving work, he/she is required to file the application with the Central Competent Authority and agree to undertake the following, no later than five days before the arrival of the foreign worker:
1. Arrange for foreign workers to undergo new arrival orientation training provided by the Central Competent Authority from the day on which they arrive in Taiwan.
2. Transfer related documentation to the local competent authority notifying them of the need conduct an inspection of items listed in Article 33.
3. Apply for an employment permit.
Article 34-2
The documents the employer agrees to transfer pursuant to Subparagraph 2 of the above Article include:
1. Foreign Worker Living Care Service Plan report.
2. Foreign Worker Living Care Service Plan.
3. A foreign worker affidavit on expenses incurred traveling to the Republic of China to work and wage/salary verified by the competent authority in his/her home country. However, this is not required for those who comply with the provisions of Paragraph 2, Article 32.
The Central Competent Authority is required to transfer the aforementioned documents to the local competent authority: Once the latter verifies the documents are in compliance with the provisions in the above paragraph it should inspect the items listed in Article 33. However, an inspection is not required when the foreign worker has been inspected and certified as conforming within the six month period prior to his/her arrival in Taiwan.
Article 34-3
When an employer applies for an employment permit pursuant to the provisions of Subparagraph 3, Article 34-1, the following documents should be submitted:
1. Application document.
2. Original copy of review fee receipt.
3. Other documents required by the Central Competent Authority.
When an employer has already completed the requirements in Article 34-1, Article 34-2 and the above paragraph, he/she is exempt from the provisions of Paragraph 1, Article 34 and Article 36.
Article 34-4
When foreign workers complete the new arrival orientation training detailed in Subparagraph 1, Article 34-1, the Central Competent Authority will issue them with an orientation training completion certificate valid for a period of five years.
When a foreign worker fails to complete the aforementioned new entry orientation training, their employer is required to arrange for said worker to attend a new entry orientation training program on the new entry orientation training website established by the Central Competent Authority, within 90 days of arriving in Taiwan. On completion they will receive an orientation training completion certificate valid for a period of five years.
Article 35
When the local competent authority inspects the expenses incurred traveling to the Republic of China to work and wage/salary by type B foreign workers it should do so based on the worker’s affidavit on expenses incurred traveling to the Republic of China to work and wage/salary stipulated in Subparagraph 4, Paragraph 1 of Article 34 or Subparagraph 3, Paragraph 1 of Article 34-2.
When the local competent authority conducts the aforementioned inspection of a contract completion continued employment employer it should use the foreign worker’s latest affidavit on expenses incurred traveling to the Republic of China to work and wage/salary verified by the competent authority in his/her home country.
When the local competent authority conducts the aforementioned inspection of a contract completion transfer employer it should be based on the foreign worker’s affidavit on expenses incurred traveling to the Republic of China to work and wage/salary included in the employer’s notification in accordance with the Employer Transfer Rules.
The content of the foreign worker’s affidavit on expenses incurred traveling to the Republic of China to work and wage/salary, as prescribed in the preceding three paragraphs, can-not be amended in any way that is detrimental to the interests of the foreign worker.
Article 36
When type B foreign workers recruited by an employer arrive in the Republic of China the following documents must be submitted within 15 days of their arrival s part of an applica-tion for an employment permit.
1. Application form.
2. Original copy of review fee receipt
3. Certified document from the local competent authority indicating receipt of employer notification as prescribed in the preceding article.
4. Other documents required by the Central Competent Authority.
Article 37
In accordance with the provisions of the Act, employers assume employer responsibilities from the day B foreign workers arrive in the Republic of China or the date on which contract completion continued employment starts
If an employer does not follow the provisions of Subparagraph 3, Article 34-1, Article 34-3, the preceding article or Article 39 and submits an application late or fails to comply with regulations, the Central Competent Authority will issue an employment permit for the following periods:
1. From the date the foreign worker enters the Republic of China to the date it decides not to issue an employment permit.
2. From the date of the contract completion continued employment starts to the date it decides not to issue an employment permit.
Article 38
When an employer applies to employ a foreign worker who has worked in the Republic of China for 12 years or will have worked for 12 years within one year as a live-in caregiver as detailed in Subparagraph 9, Paragraph 1, Article 46, said employer is required to submit the following documents as part of a permit application that will see the worker’s accumu-lated work period reach 14 years:
1. Application form
2. An evaluation table and certified documents relating to the foreigner worker’s profes-sional training or outstanding performance if self-taught.
The aforementioned certified documents on special performance are based on Article 20 of the Review Standards in Addendum 4.
Article 39
When an employer finds it necessary to continue the employment of a type B foreign worker he/she should submit the following documents to the Central Competent Authority 2-4 months before the expiration of the worker’s employment permit as part of an applica-tion for contract completion continued employment.
1. Application form
2. Proof that the employer and worker agree to contract completion continued employment
3. Other documents required by the Central Competent Authority.
Article 40
When an employer finds it necessary to continue the employment of a type B foreign worker he/she should submit an application form and other documents required by the Central Competent Authority as part of an application to the authority for a contract com-pletion transfer permit.
When the original employer applies for a contract completion transfer the foreign worker has already reached agreement with a new employer on contract completion continued em-ployment, so the new employer should directly apply to the Central Competent Authority for continued employment of the foreign worker in accordance with the provisions of the Employer Transfer Rules.
Article 41
When there are major and special circumstances or a major engineering project as detailed in Paragraph 2, Article 52 of the Act, and an employer finds within 60 days prior to the ex-piration of a foreign worker’s employment permit that it is necessary to continue the em-ployment of said worker, he/she should prepare employment permit extension application documents and any other documentation required by the Central Competent Authority to be filed with the authority as part of an application for an employment permit extension.
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