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Chapter Law Content

Chapter VII Family Nursing Jobs
Article 22
For foreigners hired to perform family caring tasks referred to in Item 4, Article 3 of the Standards, the persons under their care shall have one of the following qualifications:
1. Persons with one of items listed in the specially grave physical or mental diseases.
2. After a professional team evaluation conducted by a medical institution, per-sons under the age of eighty who are determined as requiring all-day care.
3. Over-80-year-old people considered to be severely dependent upon nursing services with a professional assessment by the teams of medical institutions.
4. Over-85-year-oldpeople considered to be mildly dependent upon nursing services with a professional assessment by the teams of medical institutions.
Those who have accumulated enough points and applied for housemaid jobs shall not be listed as care recipient defined in preceding Paragraph.
The items of specially physical and metal diseases referred to in Item 1, Para-graph 1 is listed in the attached Table 5 of the Standards or the disability as-sessment items and standards are prescribed by the Central Competent Authority.
The medical institutions regulated from the Section 1, Item 2 to the Item 4 are published by Central Competent Authority-Central Health and Welfare's Au-thority.
The professional assessment regulated from the Section 1, Item 2 to the Item 4 is published byCentral Health and Welfare's Authority.
Article 22-1
If a care-receiver meets the eligibility criteria listed in Appendix 8 and the employer has ever applied for the employment of a foreign worker from a competent authority, the care-receiver is not subject to the requirements stated in the preceding article to receive a medical professional assessment.
Article 22-2
When a foreigner hired to perform the jobs referred to in Items 8 to 10, Paragraph 1 to Article 46 of the Act, in addition to meeting other requirements specified in the Standards, has worked for 12 years or will have worked for 12 years within one year in the Republic of China and has also acquired 60 points provided for in Table 9, the accumulated working period of the foreigner may be allowed to be 14 years after the employer has applied for the permit of the foreigner to engage in in-house nursing work.
Article 23
For foreigners hired to perform family nursing jobs referred to in Item 4, Article 3 of the Standards, their employers and the persons under their care shall have one of the following relative relationships:
1. Spouse
2. Direct blood relative
3. Collateral blood relations in third degree
4. Step parents, step children, spouse’s parents or step parents, or spouses of children or step children.
5. Spouses of grandparents and grandchildren, step grandparentsand grandchil-dren, or spouses of step grandparents and grandchildren.
In case that employers or persons under care are foreigners, they shall have permits issued by competent authorities to stay in the Republic of China.
In case that the persons under care do not have relatives in the Republic of Chi-na, or their special circumstances have been approved by the Central Competent Authority and designated as special cases, persons without relative relationships with the persons under care may become employers,or may treat the persons under cars as employers to apply for hiring foreigners. However, in case that the persons under care are treated as employers, they shall designate persons with full legal capacity to perform the duties of employers in case these persons un-der care cannot assume their duties as employers.
The number of domestic workers as defined in the preceding paragraph refers to the aver-age number of people participating in labor insurance for one year before the month prior to the application under the same labor insurance certificate number
The number of foreign workers hired by the employer referred to in the preceding Article for outreach agricultural job shall not exceed the same labor insurance certificate number of domestic workers of the employer.
Article 4 The jobs designated by the Central Competent Authority in accordance with Item 10, Paragraph 1 to Article 46 of the Act, their job descriptions shall be in the fol-lowing categories:
1.Manufacturing jobs: directly engaged in the production of manufactured goods and other related physical tasks.
2.Construction jobs: directly engaged in the construction work at construction sites or other related places, or other related physical tasks.
3.Slaughter work: Slaughter and related physical work.
4.Dairy cattle breeding job: Job directly engaged in dairy cattle breeding or related physical tasks at livestock farm.
5.Outreach agricultural job: Job requiring the employee to be assigned by the employer to the location place where the outreach agricultural service contract is deem to be performed and is directly with regard to jobs engageding in agriculture, forestry, fishery, animal husbandry or related physical tasks.
6.Other jobs designated by the Central Competent authority.
Article 24
The number of foreigners hired by employers referred to in the preceding Article to perform family nursing jobs, shall be limited to one foreigner taking care of one person under care. However, when the same person under care has one of the following situations, one additional foreigner may be hired:
1.Listed as vegetative persons by the handbooks or certificates for physically and mentally disabled persons.
2.Evaluated as zero point in accordance with Barthel’s score by medical professional diagnosis, and their condition cannot be ameliorated within six months.
Article 24-1
During the term of the employment permit for foreigners hired to perform family nursing jobs, if employers are verified by the competent authorities to have violated the provisions of the third or fourth paragraphs of article 57 of the Act, the Central Competent Authority will set forth a time frame in which employers must arrange for the nurse to conduct a professional reassessment according to regulations at a specified medical institution.
If employers have not complied before the deadline noted by the Central Competent Authority, or person under care is found by profession evaluation to no longer qualify under the conditions of paragraph 1 of Article 22 or prior articles, the Central Competent Authority shall annul the recruitment permit and employment permit in part or in whole according to Provision 72 of this Act.