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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 X Outreach Agricultural Work
Article 53
When foreign workers are employed to engage in outreach agricultural work, pursuant to the provisions of Subparagraph 5, Article 5, by a farmers’ association, fishing association, or agricultural, forestry, fishing or animal husbandry related cooperative or non-profit organization, an application for an initial recruitment permit to employ foreign workers should be submitted.
The service contract location where foreign workers engage in outreach agricultural work must be a site where agricultural, forestry, animal husbandry, or aquaculture work is conducted.
Employers who have applied to employ foreign workers to engage in any of the following work in accordance with the provisions of the Standards are not permitted to use outreach agricultural services:
1. Ocean fishing work or intermediate skilled ocean fishing work
2. Manufacturing work or intermediate skilled manufacturing work
3. Slaughterhouse work.
4. Agricultural, forestry, animal husbandry, or aquaculture work.
Article 54
Employers referred to in Paragraph 1 of the previous Article are required to submit an outreach agricultural service plan to the central competent authority in charge of the target business
The outreach agricultural service plan referred to in the preceding paragraph is required to include the following:
1. Certified documents attesting to the employer’s qualifications.
2. Plans detailing service provision, fee-charging items and amounts, and a sample contract.
3. Plans for the deployment, supervision and educational training of agricultural manpower.
4. Other outreach agricultural service related information.
After the outreach agricultural service plan is approved by the central competent authority in charge of the target business, the employer is required to adhere to the details of the plan.
The number of foreign workers hired by an employer referred to in the preceding Article to engage in outreach agricultural work cannot exceed the average number of workers on the same labor insurance certificate number per month in the one year period prior to the base month which is two months before the employer submits the application.
The total number of foreign workers employed detailed in the previous paragraph should include the following:
1. Number of foreign workers applying for first time recruitment
2. Number of foreign workers allowed to apply for a recruitment permit, who have received a recruitment permit or are already employed.
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.
Article 55
The Central Competent Authority and the central competent authority in charge of the target business will conduct on-site inspections as prescribed in the preceding two Articles.
If an employer engages in any of the following behaviors, the Central Competent Authority will revoke their recruitment permit and employment permit in part or full pursuant to the provisions of Article 72:
1. Assigning foreign workers to engage in outreach agricultural work in a location where agricultural, forestry, animal husbandry or aquaculture work is not conducted and failing to rectify the situation within a set period of time.
2. Violations of related laws or an approved outreach agricultural service plan determined to be serious by the Central Competent Authority and central competent authority in charge of the target business.
3. Where business operations are inadequate or seriously detrimental to public welfare.