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Chapter IV Manufacturing Jobs
Article 13
For foreigners employed to perform manufacturing tasks referred to in Item 1, Article 4 of the Standards, when their employers make initial recruitments, they shall have one of the following qualifications:
1.For industries primarily specializing in production procedures categorized as abnormal temperature operation, dust operation, toxic gas operation, organic solvent operation, chemical processing, non-automatic operation and other designated production procedures. Industries must comply with specifications in the attached Table 2 or Table 6, and be verified by the competent authorities in charge of specific business at the Central Government level, or the administration of the Free Trade port areas.
2. For those industries of specific timeframe categorized as within the timeframe from ten o’clock in the evening till six o’clock in the morning, production operation work hours last at least one hour, and have been verified by the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas to be complied with the specifications in the attached Table 3 of the Standards.
For those industries which are complied with specific production procedures or specific timeframe of the preceding Paragraph, but are not complied with the specifications in the attached Table 2, Table 3, or Table 6 of the Standards, may be determined case by case by the Central Competent Authority, after consultation with the competent authorities in charge of specific business at the central government level.
The Central Competent Authority, the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas may make on-site inspections and examinations on the qualifications stipulated in the preceding Paragraph After the promulgation of the amendment of the Standards on March 7, 2009, foreigners shall not be employed to perform manufacturing tasks referred to in Item 2, Paragraph 2 of Article 13 of the Standards. Any of the following conditions shall not be included:
1. Those that apply for verification referred to in Item 2 of Paragraph 1 by March 7, 2009 and conform to the requirements specified in the standards;
2. Those that may be determined case by case by the Central Competent Authority, after consultation with the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas.
Article 14
(Deleted)
Article 14-1
For foreigners employed by the employers referred to in Article 13 of the Standards to perform manufacturing tasks, before October 1, 2010 when the Standards become effective, the number of persons in applying for initial recruitments by their employers are in accordance with the estimated manufacturing workers for specific production procedures or specific timeframe made by the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas, each five persons may apply to hire two foreigners.
The total number of foreigners employed by employers referred to in the preceding Paragraph shall not exceed the ratios stated as follows:
1. For those manufacturing industries in the free trade port areas, the total number of persons applied for shall not exceed forty percent of the average workers hired by the said employers in the preceding year two months prior to the application month adding the estimated manufacturing workers as suggested by the administration of the free trade port areas.
2. For those categorized as Type A industries referred to in the attached Table 2 or Table 3 of the Standards, the total number of persons applied for shall not exceed twenty percent of the average workers hired by the said employers in the preceding year two months prior to the application month adding the estimated manufacturing workers as suggested by the competent authorities in charge of specific business at the central government level.
3. For those categorized as Type B industries referred to in the attached Table 2 or Table 3 of the Standards, the total number of persons applied for shall not exceed eighteen percent of the average workers hired by the said employers in the preceding year two months prior to the application month adding the estimated manufacturing workers as suggested by the competent authorities in charge of specific business at the central government level.
4. For those categorized as other industries referred to in the attached Table 2 or Table 3 of the Standards, the total number of persons applied for shall not exceed fifteen percent of the average workers hired by the said employers in the preceding year two months prior to the application month adding the estimated manufacturing workers as suggested by the competent authorities in charge of specific business at the central government level.
Article 14-2
For foreigners employed by the employers referred to in Article 13 of the Standards to perform manufacturing tasks, if the employer, before October 1, 2010 when the Standards become effective, has submitted the application of the number of persons for initial recruitments to the competent authorities at the central government level or the administration of the free trade port areas, the total number of hired foreign employees for the initial recruitment should not exceed the following ratio:
1. For those manufacturing industries in the free trade port areas, the total number of renewed recruitment shall not exceed forty percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
2. For those Type A+ industries in Table 6 attached, the total number of renewed recruitment shall not exceed thirty-five percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
3. For those A Type industries in Table 6 attached, the total number of renewed recruitment shall not exceed twenty-five percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
4. For those B Type industries in Table 6 attached, the total number of renewed recruitment shall not exceed twenty percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
5. For those C Type industries in Table 6 attached, the total number of renewed recruitment shall not exceed fifteen percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
6. For those D Type industries in Table 6 attached, the total number of renewed recruitment shall not exceed ten percent of the average workers hired by the said employers in the preceding year two months prior to the application month.
The number of average worker referred to in the preceding Paragraph, shall not include the number of the foreign worker hired by the said employers prescribed by Article 14-3 and the proviso of Paragraph 3 of Article 14-5.
Article 14-3
The ratio of the initial recruitment foreign workers applied by an employer pursuant to the preceding Article to the employer’s total hired foreign workers can increase according to the following conditions. However, the total ratio shall not exceed forty percent of the average number of the employees hired by the employer in the previous year in the same period as two months before the month that the employer files the application:
1. In case that the ratio increases to five percent, the employer shall pay extra three thousand New Taiwan Dollars (NT$3,000) per month for each employed foreign worker as the employment settlement fee.
2. In case that the ratio increase exceeds between five percent and ten percent, the employer shall pay extra five thousand New Taiwan Dollars (NT$ 5,000) per month for each employed foreign worker as the employment settlement fee.
3. In case that the ratio increase exceeds between ten percent and fifteen percent, the employer shall pay extra seven thousand New Taiwan Dollars (NT$7,000) per month for each employed foreign worker as the employment settlement fee.
After recruiting foreign workers in accordance with the preceding paragraphs, employers shall not change the amounts of the extra employment fees to be paid by them.
Article 14-4
Employers meeting any of the following qualifications and recognized by the central industry competent authorities for the additional investment case applied by them are eligible to apply for the initial foreign worker recruitment permit:
1. Those that newly establish the factory and acquire the factory establishment registration certificate/documents.
2. Those that meet any of the qualification stated in the preceding Paragraph and any of the following terms:
i) In the high-tech manufacturing industry with an investment amount more than five hundred million New Taiwan Dollars (NT$500,000,000), or other manufacturing industries with an investment amount more than one hundred million New Taiwan Dollars (NT$100,000,000).
ii.) Expect to hire more than one hundred local workers within one year after the issue date of the factory establishment registration certificate estimated in the added investment plan.
The period of the preceding application for recognition shall be from March 13, 2013 when the amendment to the standard has come into effect until December 31, 2014.
The employer recognized according to Paragraph 1 shall apply to the Central Competent Authority for recruitment of foreigners. Foreign applications and hires shall not exceed the recommended ratio as defined by the competent authorities in charge of specific business at the Central Government level.
For the ratio of foreign worker employment as referred to in the preceding paragraph, those that conform to any of the following are exempt from paying the extra employment settlement fee prescribed by Article 14-3 for three years:
1. Item 1 of Paragraph 1: less than five percent.
2. Item 2 of Paragraph 1: less than ten percent.
Article 14-5
Employers meeting the following qualifications and recognized by the central industry competent authorities for their application are eligible to apply for the initial foreign worker recruitment permit:
1. Those that are approved or recognized by the central industry competent authorities for investment in offshore regions for more than two years and meet any of the following terms:
i) International sales of private brand products in the past two years in foreign countries account for more than fifty percent of the company’s total output.
ii) The international supply chain has taken up more than ten percent of the market share among the top five suppliers or in the global market in the most recent year.
iii) Falling in the industries of high-value added products and key components.
iv) The newly established R&D center or business operation headquarters approved by the central industry competent authorities.
2. Factories completed within three years after the date of the ratification document issued by the competent authorities in charge of specific business at the central government level, having acquired necessary factory establishment registration documents, complying with qualifications stipulated in items 1 and 2 of subparagraph 2 in the first paragraph of the preceding article.
The periods of the preceding application for recognition are as follows:
1. Item 1 of the preceding paragraph: From November 22, 2012 to December 31,
2. Item 2 of the preceding paragraph: Within three years after the date of the ratification document referred to in Item 1 of the preceding paragraph and issued by the central industry competent authorities.
The employer recognized according to Paragraph 1 shall apply to the central competent authorities for recruitment of foreign workers at a time, for which the total number of the applied foreign workers and hired foreign workers shall be calculated pursuant to Paragraph 3 of the preceding Article. However, in the case that the ratio of the foreign workers applied by an employer is under forty percent, the employer shall pay an extra employment settlement fee according to Item 3 of Paragraph 1 of Article 14 and increase the ratio of the foreign workers to forty percent.
In terms of the ratio of foreign worker employment referred to in the preceding paragraph, those that meet the following stipulations are exempt from paying the extra employment settlement fee regulated in Article 14-3 and the preceding proviso for five years:
1. Item 1, Paragraph 1 for i) to iii): less than twenty percent.
2. Item 1, Paragraph 1 for iv): less than fifteen percent.
Article 14-6
The investment amount referred to in the preceding two articles shall include substantive investment items, such as land, factory buildings, machinery/equipment and working capital, in which the amount of the investment in factory buildings and machinery/equipment shall reach one half of the investment amount referred to in i) of Item 2 of Paragraph 1 of Article 14-4 and certified by the CPA.
The calculation periods of the investment amount referred to in the preceding two articles are as below:
1. Paragraph 1 of Article 14-4: The amount is limited to the investment made from January 1, 2012 to December 31, 2014.
2. Item 2 of Paragraph 1 of the preceding Article: The amount is limited to the investment made within three years from the date recognized by the central industry competent authorities for conforming to the qualifications listed in Item 1 of Paragraph 1 of the preceding Article.
For a same factory, an employer’s application pursuant to Paragraph 1 of Article 14-4 and Paragraph 1 of the preceding Article for recognition is limited to one time only, for which the central competent authorities and central industry competent authorities shall conduct field inspection to check the employer’s qualifications.
Article 14-7
The identification of the total number of foreign workers hired by the employer in Articles 14-2 to 14-5 should include the following number:
1. The number of foreign workers initially recruited.
2. The number of foreign workers allowed for recruitment, number of foreign workers granted for recruitment, and number of foreign workers recruited. But the following situation can be excluded:
(1) The number of re-recruited foreigners applied for by the employer based on Article 16.
(2) The number of foreign workers that have to be hired in accordance with Article 14-2 and have already been applied to increase the ratio of foreign workers in accordance with Article 14-3 and Proviso of Paragraph 3 of Article 14-5.
(3) The number of foreign workers who are not allowed for recurrent recruitment, re-recruitment or employment due to the changes in the facts on which recruitment permits are based.
3. The number of annulled recruitment permits of foreign workers and the number of employees allowed to be recruited due to the act of employers within the two years prior to the application.
4. The number of foreign workers that have to be recruited by another employer as regulated in Article 59 within the two years prior to the application, except where the reason for such transfer is not attributable to the employer.
The average number of employees, the number of local workers, and the total number of foreigners referred to in articles 14-2 to 14-5are calculated according to the number of employees participating in the employer insured unit of labor insurance. However, under any of the following circumstances, an employer shall respectively set up a labor insurance certificate number in their application for employment of foreign workers:
(1) The factory is recognized by the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas as a specific manufacturing industry of at least two types.
(2) To file the application pursuant to Articles 8, 14-4, 14-5, 16-2, 19-1, 19-9, and 19-12.
Article 14-8
The employer applying for employment of foreign workers pursuant to Article14-4 and 14-5 and receiving the initial recruitment permit issued by the central competent authorities shall apply for foreign worker recruitment within the period specified in the permit.
The number of the foreign workers applied by employers for recruitment as mentioned in the preceding paragraph shall not exceed one half of the number of foreign workers permitted for the initial recruitment. However, it is not limited to the situation where the employer has already hired more than half of the number of the local workers estimated to be hired for their added investment case.
Article 14-9
Employers who are in compliance with the requirements specified in the “Action Plan for Welcoming Overseas Taiwanese Businesses to Return to Invest in Taiwan “as approved by the Executive Yuan on December 7, 2018, shall apply to the Central Competent Authorities for Business Objectives for the issuance of permits for their initial recruitment of foreigners.
Employers who are in compliance with the provisions of the preceding paragraph shall apply, in one lump sum, to the Central Competent Authority for the issuance of the initial recruitment permit within one year after the completion of investment deadline determined by ratification document.
Article 14-10
The total number of foreigners applied and hired by the employer in the preceding articleshall not exceed that of the number of employees estimated by the Central Competent Authorities for Business Objectives multiplied by the ratio specified in Article 14-2 plus Article 14-3.
In case the ratio of foreigners applied by the employer referred to in the preceding paragraph is less than forty percent, they should pay an additional employment security fee in accordance with provisions prescribed in Subparagraph 3, Paragraph 1 of Article 14-3, and increase the hiring ratio of foreigners by ten percent. However, the total ratio shall not exceed forty percent.
The total number of hired foreigners calculating by employers in accordance with the ratios mentioned in the preceding two paragraphs shall be determined in accordance with Subparagraph 1, 3 and 4, Paragraph 1 of Article14-7.
The number of hired as stipulated in the first and preceding paragraphs and the total number of foreigners hired shall be calculated based on the number of persons participating in labor insurance according to the same labor insurance certificate number of the factory to which the employer belongs. However, for an affiliated factory that has been defined as a specific process industry by the Central Competent Authorities for Business Objectives or the administration of the free trade port areas and has reached two or more levels, its labor insurance certificate numbers shall be set up respectively.
Article 14-11
Employers who meet the requirements of Paragraph 1 of Article 14-9 shall, from January 1, 2019 to December 31, 2021, apply to the Central Industry Competent Authority for recognition.
For a same factory, an employer’s application pursuant to Paragraph I of Article 14-9 and Paragraph 1 of the preceding Article for recognition is limited to one time only, for which the Central authority and the Central Competent Authorities for Business Objectives shall conduct field inspection to check the employer' s qualifications.
Article 14-12
Employers who applies for the employment of foreigners according to the provisions of Article 14-9 with the initial recruitment permit issued by the Central Competent Authority, shall apply for the recruitment of foreigners within the period specified in the permit.
The number of the foreign workers applied by according to for recruitment as mentioned in the preceding paragraph shall not exceed one half of the number of foreign workers permitted for the initial recruitment.However, it is not limited to those that the number of domestic workers hired are up to one-half of the estimated numbers.
When the employer has not established a new labor insurance certificate number, the number of domestic jobs mentioned in the preceding provision shall be calculated based on the number of newly hired domestic workers starting from the month when the employer goes to the public employment services institutions to make domestic recruitment till the date before the application in question.
Article 15
(Deleted)
Article 15-1
(Deleted)
Article 15-2
(Deleted)
Article 15-3
(Deleted)
Article 15-4
For employers whose employed number of foreigners and recruited total number of foreigners referred to in Article 13, Article 14-1 and Article 16 shall be complied with the following stipulation:
1. For those manufacturing industries in the free trade port areas, the number of foreigners employed shall not exceed forty percent of the workers hired by the said employers.
2. For those manufacturing industries not in the free trade port areas, the number of foreigners employed shall not exceed twenty percent of the workers hired by the said employers. However, for employers who hire workers less than five may employ one foreigner.
The Central Competent Authority shall, starting from said employers have employed foreigners for at least three months, inspect every three months the ratios or numbers of foreigners employed by said employers in accordance with the preceding Paragraph.
The number of foreigners employed and the number of workers hired referred to in Paragraph 1 are calculated as, measured by two months prior to the month of inspection conducted by the Central Competent Authority, the average number of workers who participate in the Labor Insurance three months prior to the measured month.
For employers who employ foreigners exceed the ratios or the numbers of workers referred to in Paragraph 1, when the Central Competent Authority have notified of amelioration by a due date, have not ameliorated prior to the due date, shall, in accordance with Article 72 of the Act, rescind said employers’ recruitment permits and employment permits of those number exceeding stipulation, and count in the number of persons referred to in Item 3, Paragraph 1 of Article 14-7.
Article 15-5
For employers who have applied of major investment projects to the competent authorities for other purposes at the central government level or the administration of the free trade port areas within thirty days after the amendment of the Standards had promulgated on October 1, 2007, their number of persons in applying to make initial recruitments are as follows:
1. For those manufacturing industries categorized as non-traditional industry, their total number applied for shall not exceed ten percent of manufacturing workers estimated by the competent authorities for other purposes at the national government level as suggested.
2. For those manufacturing industries categorized as traditional industry, their total number applied for shall not exceed fifteen percent of manufacturing workers estimated by the competent authorities for other purposes at the central government level as suggested.
3. The total number applied for by employers of the manufacturing industries in a free trade port areas shall not exceed forty percent of manufacturing workers estimated by the administration of the free trade port areas as suggested.
For employers applying for recruiting foreigners referred to in the preceding Paragraph, their total number shall be limited as follows:
1. For those manufacturing industries categorized as non-traditional industry, the total number of foreigners recruited shall not exceed ten percent of the total number of domestic workers employed by the said employers in the same application cases.
2. For those manufacturing industries categorized as traditional industry, the total number of foreigners recruited shall not exceed fifteen percent of the total number of domestic workers employed by the said employers in the same application cases.
3. The number of domestic workers employed by employers of the manufacturing industries in a free trade port area shall not be less than sixty percent of their total employees. And for every two foreigners applied for recruitment, the employer shall employ three domestic workers.
The number of domestic workers referred to in the preceding Paragraph, shall be calculated by the number of domestic workers who participate in the Labor Insurance three months prior to the month that their employers make the application, minusing the number of domestic workers who participate in the Labor Insurance six months prior to the completion of the said major investment projects. However, if domestic workers are aboriginals, physical or mental disable persons, or senior aged, then each such person employed shall be calculated as three domestic workers.
For the calculation of workers participating in the Labor Insurance referred to in the preceding Paragraph, they shall be limited to the workers who have been employed for three months and their total working hours have exceeded one hundred and twelve hours in the preceding month making application and they are currently employed.
Article 15-6
For employers who have been verified as industries of specific production procedures or specific timeframe by the competent authorities for other purposes at the central government level prior to the promulgation of the amendment of the Standards on October 1, 2007, their number of persons in applying to make initial recruitments, according to the estimated manufacturing workers for specific production procedures or specific timeframe made by the competent authorities of other purposes at the central government level, each five persons may apply to hire two foreigners.
The total number of foreigners employed by employers referred to in the proceeding Paragraph shall not exceed the average workers hired by the said employers in the preceding year two months prior to the application month, plus fifteen percent of the estimated manufacturing workers for specific production procedures or specific timeframe as suggested by the competent authorities of other purposes at the central government level.
For every two foreigners applied for recruitment in Paragraph 1, the employer shall employ three domestic workers.
The number of domestic workers in the preceding Paragraph, shall be calculated by the number of domestic workers who participate in the Labor Insurance the month of application, minusing the number (of workers) participate in the Labor Insurance the date of notification about estimated manufacturing workers for specific production procedures or specific timeframe as suggested by the central competent authorities for other purposes at the central government level, and they shall be currently employed. However, if domestic workers are aboriginals, physical or mental disable persons, or senior aged, each such person employed may be calculated as three domestic workers.
For employers who have number of persons that have not applied for recruitments after the promulgation of the amendment of the Standards on October 1, 2007, may apply for recruiting foreigners, and apply to specifications referred to in Article 15-4.
Article 15-7
Number of foreign employees hired by the employer and total number of foreigners introduced by the employer based on articles 13,14-2 and 16 should comply with the following regulations:
1.For those manufacturing industries in the free trade port areas, the number of foreigners employed shall not exceed forty percent of the workers hired by the said employers.
2.For those categorized as Type A+ industries referred to in the attached Table 6, the total number of foreigners employed shall not exceed thirty-five percent of the workers hired by the said employers.
3.For those categorized as Type A industries referred to in the attached Table 6, the total number of foreigners employed shall not exceed twenty-five percent of the workers hired by the said employers.
4.For those categorized as Type B industries referred to in the attached Table 6, the total number of foreigners employed shall not exceed twenty percent of the workers hired by the said employers.
5.For those categorized as Type C industries referred to in the attached Table 6, the total number of foreigners employed shall not exceed fifteen percent of the workers hired by the said employers.
6.For those categorized as Type D industries referred to in the attached Table 6, the total number of foreigners employed shall not exceed ten percent of the workers hired by the said employers.
The competent authorities at the central government level should verify the ratio of employed foreigners by the said employers as regulated in Paragraph 2 to 4 of Article 15-4.
Employers shall comply with what are regulated in the attached Table 7 of the Standards for the number of employed foreign workers, the total number of recruited foreign workers prescribed by Article 13 and Article 14-3 to 14-5 and the way audited by the central competent authorities for employers’ employment of foreign workers.
In addition to being in accordance with the provisions of the first and second paragraphs, The Central Competent Authority shall also inspect the hired foreigners as defined in Article 14-9 according to the provisions of Table 11 as follows:
1.The number of foreigners hired by the employer and the total number of foreigners recruited as defined in Articles 13, 14-3 to 14-5 and 14-10.
2.The same labor insurance certificate number of the employers shall add newly hired domestic workers, and their labor insurance premiums and labor pension contributions will be paid up to thirty thousand three hundred New Taiwan Dollars. (NT$30,300)
The recruitment and employment permits that do not meet the required number of people granted to employers who have violated the provisions of the second subparagraph specified in the preceding paragraph shall be annulled according to the regulations prescribed in Article 72 of the Act, and shall be included in the number mentioned in Subparagraph 3, Paragraph 1 of Article 14-7.
Article 15-8
If the number of foreigners employed exceeds the number prescribed in Paragraph 3 of Table 7 of the preceding Article, the Central Competent Authority will revoke employer’s recruitment permit, pursuant to Article 72. Employer shall pay additional security fee originally waived according to Article 14-4 and 14-5. See below for calculation of owed employment security fee based on number of foreigners employed, total amount, and period:
1. Number of foreigners: Refers to number of foreigners listed in the recruitment and employment permit revoked by the Central Competent Authority. However, those not exempt from extra employment security fee are excluded from calculation.
2. Amount: Owed employment security fee shall be calculated in accordance with sections in Paragraph 1 of Article 14-3, based on number of foreigners listed in revoked permit.
3. Period:
i) Initial inspection: Starting the day after foreigner in question enters country, ending the day before employment permit is revoked.
ii) Subsequent inspections: Starting the day after the Central Competent Authorities inform employer of improvement deadline, ending the day before employment permit is revoked. However, if foreigner enters the Republic of China after employer has been informed of improvement deadline, period shall begin the day after entry, ending the day before employment permit is revoked.
Article 16
Within four months prior to expiration of the employment permit of foreigners, if the employer of the manufacturing industry need to continue employing foreigners, the employer may apply for renewed recruitment from the Central Competent Authority. The application shall be made only once.
Number for re-recruitment as mentioned in the previous paragraph should not exceed that of the former recruitment or continue the permitted number of people in the same insurance registry..
Article 16-1
(Deleted)