Chapter VIII Construction Work
Article 42
For foreign workers hired to engage in construction work detailed in Subparagraph 3, Article 5, where the employer undertakes a public construction project, enters into a construction contract as the winning bidder with a government authority (agency), independent administrative institution or state-run enterprise awarding the contract and conforms to one of the following conditions, an application can be made for an initial recruitment permit to employ foreign workers:
1. The total value of the construction contract is NT$100 million and above and the duration of the project is 18 months or longer.
2. The total value of the construction contract is more than NT$50 million but less than NT$100 million and the duration of the project is 18 months or longer, where the value of the contract, added to the value of other public construction contracts undertaken by the same employer comes to NT$100 million or more. However, when applying for an initial recruitment permit the value of any public construction contract already completed by the same employer, or where the total contract value is less than NT$50 million, or for which the duration of the project is less than 18 months will be excluded.
If the project referred to in the previous paragraph is contracted out by a state-run enterprise to a construction company the state-run enterprise can apply for an initial recruitment permit to employ foreign workers.
When any of the following situations pertain and the winning bidder referred to in Paragraph 1 signs a contract with a subcontractor that conforms to the provisions of the aforementioned paragraph, with the approval of the project authority the subcontractor can apply for an initial recruitment permit to employ foreign workers for its sub-contracted part of the project:
1. Selected subcontractors are those stipulated in Article 36 of the Enforcement Rules of the Government Procurement Act.
2. Non-construction related foreign companies selected as subcontractors.
For public construction projects referred to in Paragraph 1, either the winning bidder or a subcontractor can apply for an initial recruitment permit to employ foreign workers, but this is limited to one firm only and cannot be changed after approval from the Central Competent Authority.
Article 43
For foreign workers hired to engage in construction work referred to in Subparagraph 3, Article 5, when an employer undertakes a major construction project invested in by a private institution (hereinafter “major private construction project”) and enters into a construction contract with said private institution, and where the total cost of the project is NT$200 million or more and the contract project duration is 18 months or more, the employer can apply for an initial recruitment permit to employ foreign workers, limited to the following construction projects:
1. Public utilities projects invested in by private institutions and given special approval.
2. Projects approved as an incentive for private institutions to invest in construction, or where private institutions are authorized to participate in a major public infrastructure project, or to promote private sector participation in public works projects conducted in accordance with the Act for Promotion of Private Participation in Infrastructure Projects.
3. Private school, social welfare organization, medical institution, or social housing related construction projects.
4. Major manufacturing industry investment projects involving the construction of factories.
When an employer undertakes to construct a major private construction project that conforms to the qualifications detailed in the preceding paragraph, where the total amount of the contract is more than NT$100 million but less than NT$200 million, and the duration of the project is 18 months or longer and the same employer has contracted other major private construction projects that accumulated come to a contract total of NT$200 million or more, an application can be made for an initial recruitment permit to employ foreign workers.
If an employer referred in the previous paragraph has undertaken other major private economic construction projects but the project has been completed, the total contract value of the project is less than NT$100 million, or the duration of the project is less than 18 months, it will not be added to the total value of project contracts.
An employer’s application for a permit detailed in the preceding three paragraphs must be approved by the competent authority in charge of the target business as conforming to the conditions detailed in those aforementioned paragraphs.
Where a project referred to in the subparagraphs of Paragraph 1 is prepared, planned, constructed, or installed independently by a private institution, the aforementioned institution can apply for an initial recruitment permit to employ foreign workers.
Article 44
The total number of foreign workers hired by employers referred to in Article 24 to engage in construction work on the same public works project must not exceed 20% of the number calculated based on the provisions of Addendum 9, pursuant to the project amount and duration referred to in each construction contract. However, when individual projects conform to the following circumstances calculations should be made separately for each regulation:
1. Where a total score of 80 or more is achieved based on a calculation using the grading indicator and formula detailed in Addendum 9, the ratio of foreign workers allocated is achieved by multiplying the total score by 4/1000.
2. If the central competent authority in charge of the target business considers it necessary to increase the allocation ratio of foreign workers it needs to secure authorization from the Executive Yuan.
The total project cost, project duration, and grading indicator referred to in the previous paragraph must be approved by the public works project authority and its supervising agency.
Article 45
The total number of foreign workers hired by employers detailed in Article 43 to engage in construction work on the same major private construction project must not exceed 20 percent of the number calculated based on the provisions of Addendum 9, in the previous Article, pursuant to the project amount and duration referred to in individual construction projects. However, projects that are prepared, planned, constructed, or installed independently by a private institution, when the individual construction project value is less than NT$100 million and project duration less than 18 months are not included in the calculation.
Total project value and duration referred to in the previous paragraph must be approved by the competent authority in charge of the target business. However, when no individual construction contract is signed said authority should approve the total value and duration of the construction project based on the submitted plans.
Article 46
When an employer undertakes a public works project, the project authority (institution) issues a project duration extension certificate and the employer needs to hire foreign workers during the extended duration, an application should be made to the Central Competent Authority for an employment permit extension within 14~120 days before the expiration of the original employment permit.
If a private institution undertakes itself or invests in a major private construction project when the competent authority in charge of the target business issues a project duration extension certificate and the employer needs to employ foreign workers during the extended project duration an application should be made to the Central Competent Authority for an employment permit extension 14~120 days prior to the expiration of the original employment permit.
The number of foreign workers allowed to be hired during the project duration extension referred to in the previous two paragraphs shall be recalculated by the Central Competent Authority based on the original project duration plus the extended project duration, pursuant to the provisions of Addendum 9, Article 44, but cannot exceed the number of workers employed on the initial recruitment permit issued by the Central Competent Authority.
The extended employment permit period for foreign workers referred to in Paragraph 1 and Paragraph 2 can be no longer than the extended project duration. Moreover, the employment permit period plus the extended employment permit period can be no longer than three years.
Article 47
Where an employer undertakes a public works project and still needs to employ foreign workers during the inspection and acceptance period, when the project authority (institution) issues a certificate for the scheduled completion date, the employer should apply to the Central Competent Authority for an employment permit extension 14~120 days prior to the expiration of the original employment permit.
The number of foreign workers involved in the employment permit extension referred to in the preceding paragraph must be no more than 50% of the total foreign workers hired for the project.
When a foreign worker is absent from work for three consecutive days without a justifiable reason and cannot be contacted the competent authority must be notified and he/she will not be included in the number of foreign workers hired referred to in the preceding Paragraph.
The extended employment permit period for foreign workers referred to in Paragraph 1 can be no longer than the expected inspection and acceptance period. Moreover, the employment permit period plus the extended employment permit period can be no longer than three years.
Article 47-1
With regards foreign workers employed to engage in construction work as defined in Subparagraph 3 of Article 5, an employer in accordance with the Construction Industry Act and recognized by the central competent authority for the target industry to be contracted in ongoing construction work, that meets the provisions of Addendum 9-1, may apply for an initial foreign worker recruitment permit.
Article 47-2
When foreign workers are employed by employers referred to in the previous Article to engage in construction work, the allocation ratio, number of hired employees and total number of foreign workers employed as part of an initial recruitment application must conform to the provisions of Addendum 9-2.
The average number of employees referred to in the previous paragraph does not include foreign workers employed in accordance with the provisions of the subparagraphs of Paragraph 1, Article 47-3.
Article 47-3
The ratio of initially recruited foreign workers applied for by an employer in accordance with the previous Article to the total number of foreign workers employed can be increased based on the following conditions. However, the combined rate shall not exceed 40 percent of the average number of employees per month hired by the employer in the year preceding the two months prior to the application:
1. If the ratio is increased by 5 percent, the employer is required to pay an extra NT$3,000 employment security fee for each foreign worker per month.
2. If the ratio is increased by over 5 percent to 10 percent, the employer is required to pay an extra NT$5,000 employment security fee for each foreign worker per month
The number of foreign workers initially recruited and the total number of foreign workers employed by the employer in accordance with the preceding Article and the preceding Paragraph shall not exceed the number of workers approved by the central competent authority for the target industry.
If an employer brings in foreign workers in accordance with the increased ratios in the preceding paragraph, the amount of additional employment security fees to be paid remains unchanged.