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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 Employment Service Act CH
Category: Ministry of Labor(勞動部)
Attachment:
Chapter IV Institutional Care Work
Article 15
Employers of foreign workers hired to engage in institutional care work referred to in Subparagraph 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, including patients with mental illnesses or dementia.
2. Nursing homes, hospitals for patients with chronic illnesses or general hospitals, ordinary 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 provide 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 shall employ one person for every three beds, in accordance with its permitted business scale registered under law.
2. Nursing homes referred to in Subparagraph 2 in the previous Article shall employ one person for every five beds, in accordance with the legally registered number of beds.
3. Hospitals referred to in Subparagraph 2 of the previous Article can employ one person for every five legally registered beds.
4. Institutions referred to in Subparagraph 3 of the previous Article can employ one person for every five beds, in accordance with its permitted service scale registered under law.
The total number of foreign workers referred to in the preceding paragraph, excepting hospitals referred to in Subparagraph 3 where the total number of foreign workers should not exceed the number of domestic caregivers, shall not exceed the total number of domestic caregivers and nursing staff combined:
The calculation of the number of domestic caregivers and nursing staff referred to in the preceding Paragraph should be based on the number of employees in the institution concerned with labor insurance on the date of the application 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.
3. Number of workers impacted by the cancellation of foreign worker recruitment permits and employment permits, for reasons attributable to the employer, in the two years preceding the application.