Goto Main Content
:::

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 I General Provisions
Article 1
These Standards are set up pursuant to the provisions of Paragraph 2, Article 46 and Paragraph 7, Article 52 of the Employment Service Act (hereinafter referred to as the Act).
Article 2
In order to be employed for work specified in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act, the qualifications of foreign workers must comply with the standards stipulated herein.
Article 3
Foreign workers hired to engage in ocean fishing work referred to in Subparagraph 8, Paragraph 1, Article 46 of the Act, should be employed as senior or ordinary crew members, undertaking caged aquaculture and related manual work, not as a captain or powered boat driver.
Article 4
Foreign workers hired to engage in work referred to in Subparagraph 9, Paragraph 1, Article 46 of the Act, have the following work responsibilities:
1. Live-in home help work: living with a family and performing house cleaning, cooking tasks, while taking care of the daily needs of family members or other related household work.
2. Institutional care work: take care of the daily lives of disabled residents or patients and related work in institutions or hospitals stipulated in Article 15.
3. Live-in care work: take care of the daily lives of disabled individuals or patients and related work in their homes.
Article 5
Work designated by the Central Competent Authority in accordance with Subparagraph 10, Paragraph 1, Article 46 of the Act includes the following responsibilities:
1. Manufacturing work: Direct involvement in the manufacture of manufacturing industry products or related manual work.
2. Outreach manufacturing work: Dispatched by an employer to an outreach manufacturing service contract work location to engage directly in the manufacture of manufacturing industry products or related manual work.
3. Construction work: Direct involvement in construction work or related manual work at a construction site or related location.
4. Slaughterhouse work: Direct involvement in slaughterhouse work or related manual work.
5. Outreach agricultural work: Dispatched by an employer to an outreach agriculture service contract work location to engage directly in agricultural, forestry, animal husbandry or aquaculture work or related manual work
6. Agriculture, forestry, animal husbandry or aquaculture work: Direct involvement in agricultural, forestry, animal husbandry or aquaculture work, or related manual work at agricultural, forestry, animal husbandry or aquaculture work locations.
7. Other work designated by the Central Competent Authority:
Article 6
Work specially approved by the Central Competent Authority in accordance with SubParagraph 11, Paragraph 1, Article 46 of the Act includes the following responsibilities:
1. Bilingual translation work: foreign workers engaged in work stipulated in the Standards engaged in guidance and management related translation work.
2. Chefs and related work: foreign workers engaged in work stipulated in the Standards cook food and undertake related tasks.
3. Intermediate skilled work: Individuals compliant with the provisions on seniority, skills and salary stipulated in Chapter 14 can engage in the following work:
(1) Intermediate skilled ocean fishing work: Ocean fishing work on a fishing boat or in a caged aquaculture businesses zone as defined in Article 15.
(2) Intermediate skilled institutional care work: Helping with the daily needs and care of disabled residents or patients in care institutions or hospitals as defined in Article 15.
(3) Intermediate skilled live-in care work: Attending to the health care of individuals who are disabled or patients in a home environment as defined in Article 18.
(4) Intermediate skilled manufacturing work: Engaging in skilled work, the operation of mechanical equipment or assembly work related specialized manufacturing processes as defined in Article 24.
(5) Intermediate skilled construction work:
1. Engaging in skilled work, the operation of mechanical equipment or assembly work on a project as defined in Article 42 or Article 43.
2. Engaging in skilled work, the operation of mechanical equipment or assembly work on a project as defined in Article 47-1.
(6) Intermediate skilled slaughterhouse work: Engaging in the unloading, tethering, captivebolt stunning, slaughter, dismemberment and packaging of poultry and livestock at venues defined in Article 48
(7) Intermediate skilled outreach agricultural work: Engaging in agricultural production work at an outreach agricultural service contract work location as defined in Article 53.
(8) Intermediate skilled agricultural work: Engaging in agriculture, forestry, animal husbandry, or aquaculture at sites specified in Paragraph 1, Article 56.
(9) Other intermediate skilled work at locations designated by the Central Competent Authority in consultation with the central competent authority in charge of the target business.
4. Other work specially approved by the Central Competent Authority:
Article 7
Foreign workers employed to undertake work stipulated in the Standards must not have engaged in any of the following behavior:
1. Violations of the regulations in Article 43 of the Act.
2. Violations of the provisions of Subparagraphs 1 to 3, Article 73 of the Act, by being absent without leave for three consecutive days and out of contact, as well as one of the regulations stipulated in Subparagraphs 5 to 7 of the same Article.
3. Refusal to take a health examination or submission of false samples.
4. Failure of a health examination.
5. When the accumulated employment time of individuals employed in the Republic of China to engage in work listed in Articles 3 to 5 exceeds the duration prescribed in Paragraphs 4 or 6, Article 52 of the Act. However, this does not apply to those foreign workers employed to engage in work referred to in the previous article.
6. When an individual’s work expertise does not match the job for which they originally applied.
7. When an individual does not have documents attesting to good behavior.
8. When an individual is under 16 years old.
9. Foreign workers previously hired to engage in work stipulated in the Standards who could not be contacted for three consecutive days in the following periods:
(1) Foreign workers who have not obtained an employment permit after being in the Republic of China for less than three days;
(2) Foreign workers who have less that three days remaining on their employment permit.
(3) During the period when a local competent authority is settling or transferring a foreign worker to a different employer or when he/she is legally required to leave the country but fails to comply.
10. Violations of other employment qualifications stipulated by the Central Competent Authority.
Article 8
Foreign workers employed to engage in work detailed in Article 4 must be 20 years old or older and possess one of the following qualifications:
1. Have passed a health examination at an overseas hospital approved by the central competent health and welfare authority of the Republic of China, or attended and passed a training program at a training facility designated by the competent labor authority in the country of origin, before entering the Republic of China, or have engaged in the same work in the Republic of China for six months or longer.
2. On arriving in Taiwan, foreign workers employed as live-in caregivers or home help are required to attend orientation classes lasting eight hour or longer at a location designated by the Central Competent Authority and obtain a certificate indicating they completed the class. However, this does not apply to individuals who attended the class within the past five years.
The class in Subparagraph 2 of the above paragraph includes the following:
(1) Laws relating to the employment and management of foreign workers.
(2) Laws relating to labor rights in the Republic of China.
(3) Public health and pandemic prevention related information.
(4) Information on adapting to life and work in the Republic of China.
(5) Other regulations approved by the Central Competent Authority.
Article 9
When an employer applies to employ foreign workers to engage in the following work, the total number hired pursuant to the provisions of Subparagraph 1 and Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act must not exceed 50 percent of the average number of employees hired per month in the one year period preceding the two months before the date on which the application was filed.
1. Manufacturing work or intermediate skilled manufacturing work.
2. Slaughtehouse work or intermediate skilled slaughterhouse work.
3. Construction work detailed in Article 47-1 or intermediate skilled construction work detailed in Item 5-2, Subparagraph 3, Article 6.
The average number of employees per month mentioned in the above paragraph is calculated based on the number of workers with labor insurance included on the same labor insurance certificate number. However, this does not include individuals an employer applies to hire based on Item 5-1, Subparagraph 3, Article 6, Article 42 and Article 43.
When an employer applies to employ foreign workers to engage in construction work detailed in Article 42 and Article 43 or intermediate skilled construction work detailed in Item 5-1, Subparagraph 3, Article 6, the total number employed pursuant to the provisions of Subparagraph 1 or Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act must not exceed 50 percent of the number calculated based on the Project Finance Methodology and Manpower Demand Model. However, this does not apply when the Executive Yuan approves an increase in the foreign worker allocation ratio.
After consultation and agreement between the Central Competent Authority and central competent authority in charge of the target business, the number of workers stipulated in Subparagraph 1, Paragraph 1, Article 46 of the Regulations on the Permission and Administration of the Employment of Foreign Workers hired by an employer detailed in the first and above paragraphs, is not included as part of the total number of foreign workers employed.