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

Print Time:2024/04/25 11:57
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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 IX Slaughterhouse Work
Article 48
When the employer of foreign workers employed to engage in slaughterhouse work as detailed in Subparagraph 4, Article 5, is involved in the slaughter, dismembering and packaging of poultry and livestock or related manual labor and approved as compliant by the central competent authority in charge of the target business an application can be made to the authority for an initial recruitment permit to employ foreign workers.
The Central Competent Authority and the central competent authority in charge of the target business can conduct on-site inspections pursuant to the provisions of the previous Paragraph.
Article 49
If an employer detailed in the previous paragraph employs foreign workers to engage in slaughterhouse work and is approved as compliant by the central competent authority in charge of the target business, the allocation ratio, number of employees and total number of foreign workers hired in an application for initial recruitment should be in accordance with the provisions of Addendum 10.
The average number of employees hired detailed in the previous paragraph does not include foreign workers employed pursuant to the provisions of provisos in each subparagraph of Paragraph 1, Article 50.
Article 50
The ratio of the foreign workers applied for in the initial recruitment to the total number of foreign workers employed detailed in the previous Article can be increased under the following circumstances. However, the total should not exceed 40% of the average number of employees per month for the one year period prior to the month two months before the application is submitted:
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 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.
3. If the ratio is increased by 10 percent to 15 percent, the employer is required to pay an extra NT$7,000 employment security fee for each foreign worker per month.
If an employer increases the ratio of foreign workers brought into the Republic of China in accordance with the preceding paragraph, the amount of additional employment security fees to be paid cannot be changed.
Article 51
The total number of foreign workers employed and those brought into the Republic of China by an employer pursuant to the provisions of Article 48 and Article 49 should not exceed 25% of the total number of employees and a minimum of one domestic worker or more must be hired per month.
The total number of foreign workers employed, those brought into the Republic of China by an employer pursuant to the provisions of Articles 48 to50, and inspections of employers who hire foreign workers conducted by the Central Competent Authority should be conducted in accordance with the provisions of Addendum 11.
The Central Competent Authority will inspect the ratio and number of foreign workers as well as the number of domestic workers hired by employers pursuant to the provisions of the previous two paragraphs, three months after the foreign workers are brought into the Republic of China or engage in continued employment and every three months thereafter.
The number of foreign workers, domestic workers and hired employees detailed in Paragraph 1 and Paragraph 2 is calculated based on the average number of employees with labor insurance per month for the three month period prior to the base month, which is two months before the Central Competent Authority conducts its inspection:
If the number or ratio of foreign workers employed exceeds the provisions of Paragraph 1, and the number of domestic workers employed is less than prescribed in Paragraph 1, the Central Competent Authority will issue a notification requiring improvements within a set period of time. If no improvements are made within that time frame the employer will have their recruitment permit and employment permit for the additional workers revoked pursuant to Article 72 of the Act, and they will be included as part of the total number of foreign workers employed detailed in Addendum 10, Article 49.
Article 52
When an employer in the slaughterhouse industry needs to continue the employment of foreign workers a one time only application can be made to the Central Competent Authority for re-recruitment and should be submitted within four months of the expiry of the foreign workers’ employment permit.
The number of re-recruited foreign workers in the previous paragraph cannot exceed the number brought into the Republic of China on the last recruitment permit or on the continued employment permit and same labor insurance certificate number.
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