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

Print Time:2024/04/26 01:01
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Chapter Law Content

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 XIV Intermediate Skilled Work
Article 61
The application qualifications of employers who hire foreign workers to engage in intermediate skilled work detailed in Subparagraph 3, Article 6, must be in compliance with the provisions of Article 10, Article 15, Article 18, Article 21, Article 24, Article 42, Article 43, Article 46 to Article 47-1, Article 48, Article 53, or Subparagraph 2, Paragraph 1, Article 56.
If an employer applies to hire a foreign worker to engage in intermediate skilled live-in care work, where one of the following situations pertains the care recipient is not required to undergo professional assessment by a medical institution as prescribed in Article 18:
1. The employer currently employs a foreign worker to undertake care work pursuant to the provisions of Subparagraph 3, Article 4, who cares for the same care recipient.
2. The care recipient was formerly cared for by the foreign worker detailed in the previous subparagraph with one of the situations detailed in Article 19 pertaining.
3. Has applied for an employment permit extension.
When an employer needs to apply to employ an intermediate skilled foreign worker for construction work during the extension period in accordance with the provisions of Article 46, the number of intermediate skilled foreign workers to have their employment permits extended will be recalculated by the Central Competent Authority based on the original work period and extended work period, pursuant to the provisions of Addendum 14, Article 64.
Article 62
Foreign workers employed to engage in intermediate skilled work detailed in Subparagraph 3, Article 6, must have qualifications that comply with the accredited professional licenses, training classes or practical work detailed in Addendum 13 and have one of the following qualifications:
1. Be currently employed to engage in work detailed in Subparagraphs 8 to10, Paragraph 1, Article 46 of the Act and have done so for a period of six consecutive years or more, or have been employed by the same employer for an acumulted period of six years.
2. Individuals previously employed to engage in work detailed in the above subparagraph for six years or more before leaving the Republic of China and later returning, their accumulated work time having reached 11 years and 6 months or more.
3. Individuals previously employed in work referred to in Subparagraph 1 whose accumulated work time has reached 11 years and 6 months or more who have already left the Republic of China.
4. Foreign overseas students, overseas Chinese students or other students of Chinese descent who graduated from a college or university in the Republic of China and obtained an associate degree or higher.
Article 63
The salaries of foreign workers employed to engage in intermediate skilled work in the Republic of China detailed in Subparagraph 3, Article 6, must conform to the basic level detailed in appended Table 13-1.
When the salaries of foreign workers referred to in the preceding paragraph conform to or are higher than the level detailed in appended Table 13-1, the accredited qualification limits relating to professional licenses, training classes or practical work detailed in Addendum 13 in the previous Article do not apply.
Article 64
When an employer hires foreign workers to engage in intermediate skilled work pursuant to the provisions of Article 62, approval of the allocation rate, number of employees and total number of foreign workers must be in compliance with the provisions of Addendum 14.
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