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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 III Live-in Home Help Work
Article 12
When an employer applies to recruit foreign workers to engage in live-in home help work as referenced in Subparagraph 1, Article 4, one of the following situations must pertain:
1. The applicant must have three or more children aged six and under.
2. The applicant must have four or more children aged 12 and under, with two six years old or younger.
3. The applicant must have accumulated 16 sixteen points.
The individuals or related points referred to in the subparagraphs of the preceding Paragraph do not include those who have a different household registration from the employer, have already applied to hire a live-in caregiver, intermediate skilled live-in caregiver or are already counted as applying for live-in home help.
The calculation of accumulated points referred to in Subparagraph 3, Paragraph 1, is undertaken pursuant to the provisions of Addendum 1 and includes the number of children under the age of six the employer has, direct blood relatives or step parents, a spouse’s parents or step parents aged 75 and above.
Article 13
Employers of foreign workers hired to engage in live-in home help work referred to in Subparagraph 1, Article 4 are required to comply with one of the following conditions:
1. Foreign employees hired as general managers or above at companies that have foreign investment of NT$100 million or more; or foreign employees hired as department heads or above at companies with foreign investment of NT$200 million or more.
2. Foreign employees hired as general managers or above at companies that had annual turnover of NT$500 million or more the previous year; or foreign employees who are employed as department heads or above at companies that had annual turnover of NT$1 billion or more the previous year.
3. Foreign employees who earned an income of NT$3 million or more the previous year and paid individual income tax in the Republic of China; or foreign employees hired in a senior management position or higher at a company, foundation, corporation or international non-profit making organization, and whose monthly income was NT$250,000 or higher in the current year.
4. Evidence confirmed by the central competent authority for the target business that a foreign employee served as a senior official or core technical member of a research and development team in an overseas startup company taken over by another company for US$5 million or more.
5. Evidence confirmed by the central competent authority for the target business that a foreign employee served as a senior official or core technical member of a research and development team in an overseas startup company that was successfully publicly listed.
6. Evidence confirmed by the central competent authority for the target business that a foreign employee served as a senior official at a venture capital company or fund that invested US$5 million or more in overseas startups or businesses.
7. Evidence confirmed by the central competent authority for the target business served that a foreign employee served as a senior official at a venture capital company or fund that invested US$1 million or more in domestic startups or businesses.
Foreign employees referred to in Subparagraph 3 of the preceding paragraph who have an annual income of NT$2 million or more, or monthly income of NT$150,000 or more, and prior to being hired for a position in the Republic of China were employed as a foreign home help overseas, can be employed to work as a live-in home help in the Republic of China.
When employers referred to in Subparagraphs 4 to 7, Paragraph 1, apply to rerecruit foreign workers they are required to submit evidence of the work performance of the employer in the Republic of China, approved by the central authority for the target business.
The application conditions for foreign general managers in Paragraph 1 apply equally, mutatis mutandis, to the managerial personnel of foreign branch companies and representatives from the representative offices of foreign branch companies.
Article 14
Employers who employ live-in home help pursuant to the provisions of the previous two Articles are limited to one home help per household.
The total number of hired foreign workers referenced in the previous paragraph includes the following numbers:
1. Number of foreign workers on an initial recruitment application.
2. Number of workers on an application for a recruitment permit, number of workers with recruitment permits, and number of foreign workers already employed
3. Number of foreign workers permitted to transfer employers or work who have not yet received continued employment from a new employer or left the Republic of China.
4. 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.