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Chapter Law Content

Chapter V Construction Jobs
Article 17
For foreign workers hired to perform the construction tasks referred to in Subparagraph 3, Article 4 herein, where their employer undertakes any public construc-tion project and enters into a construction contract with the government authority (en-tity) or state-run enterprise awarding the contract, and any one of the following condi-tions is held satisfied, the employer may apply for the initial recruitment permit for the employment of foreign workers:
1. The total construction contract amount has reached more than NT$100 million and the project duration is more than one year and six months.
2. The total construction contract amount has reached more than NT$50 million but less than NT$100 million, and the project duration is more than one year and six months. Meanwhile, the contract amount, in addition to the amount of any other public construction contracts undertaken by the same employer, has attained more than NT$100 million. Notwithstanding, the amount of any public construction contracts, which are already completed, or which the total contract amount is less than NT$50 million, or for which the project duration is less than one year and six months, shall be excluded.
If any one of the following conditions is held satisfied by the winning tenderer under the first paragraph , where the contract signed between the tenderer and the subcontractor meets the requirements as prescribed in the first paragraph, the subcontractor may ap-ply for the initial recruitment permit for the employment of foreign workers for its sub-contracted part after the approval of the government authority (entity).
1. The selected subcontractors are those stipulated in Article 36 of the Enforcement Rules of the Government Procurement Act.
2. Non-construction related foreign companies which have been selected as subcon-tractors.
For the public construction project under the first paragraph, either the winning tenderer or its subcontractor is allowed to apply for the initial recruitment permit for the employment of foreign workers, this is limited to one supplier only; it shall not be changed after approval of the Central Competent Authority.
Article 17-1
For foreign workers hired to perform the construction tasks referred to in subparagraph 3, Article 4 herein, where their employer undertakes any major economic construction project invested by any private institution (hereinafter referred to as the “private major economic construction project”) and enters into a construction contract with the private institution, and where the total construction project expenditure reaches more than NT$200 million and the project period is more than one year and six months, the employer may apply for the initial recruitment permit for the employment of foreign workers, provided that this shall apply to the following construction works only:
1. Public utilities construction work invested in by private institutions are approved as a special project.
2. Construction work invested by private institutions approved as incentives, or major public construction work participated by private institutions upon authorization, or public construction work performed in accordance with the Act for Promotion of Private Participation in Infrastructure Projects.
3. Private school, social welfare organization, medical institution, or social housing construction works.
4. Plant construction works for major investment projects in the manufacturing industry.
The employer undertakes to construct a major private economic construction project that meets one of the qualifications of the preceding paragraph, and the total contract amount is more than NT$100 million and less than NT$200 million, and the project peri-od is more than one year and six months. Those who have accumulatively contracted other major non-governmental economic and construction projects with the same em-ployer for a total contract amount of NT$200 million or more may also apply for the ini-tial recruitment permit for hiring foreigners.
If the employer as described in the preceding paragraph has undertaken other major private economic construction projects, and the project has been completed, the total contract value of the project has not reached NT$100 million, or the project period has not reached one year and six months, the total contract value of the project will not be accumulated.
The employer’s application for a permit referred to in the preceding three paragraphs shall be held satisfying the conditions referred to in the preceding three paragraphs upon recognition of the Industry Competent Authority.
Where any construction work referred to in the subparagraphs of Paragraph 1 is prepared, planned, constructed, or installed by a private institution independently, the application for an initial recruitment permit for employment of foreign workers shall be filed by the private institution.
Article 18
For foreigners hired by employers referred to in Article 17 herein to perform construction tasks in the same public construction project, their number in total shall not exceed 20% of the number calculated in Table 4 attached hereto, subject to the amount and project duration referred to in each construction contract, provided that it shall be calculated in the following manners, in the case the individual construction work satisfies any of the following circumstances:
1. In the case of the total scores attaining 80 or more based on the calculation performed per the indicator and formula referred to in Table 4, the number of foreign workers shall be allocated based on the total scores multiplying by 4/1000.
2. The increase in an allocation ratio of foreign workers that the Industry Central Competent Authority considers necessary shall be subject to authorization by the Executive Yuan.
The total project cost, project duration, and indicator referred to in the preceding paragraph shall be recognized by the entity (organization) in charge of the public construction work and its superior authority.
Article 18-1
For foreigners hired by employers referred to in Article 17-1 herein to perform construction tasks in the same economic construction project, their number in total shall not exceed 20% of the number calculated in Table 4 referred to in the preceding P A G Article, subject to the total project cost and project duration referred to in each construction contract, provided that any construction work prepared, planned, constructed or installed by a private institution independently, for which any individual construction contract is less than NT$100 million with the project duration less than one year and six months, shall be excluded.
The total project cost and project duration referred to in the preceding paragraph shall be recognized by the Industry Competent Authority, unless no individual construction contract is executed, in which case, the same shall be recognized by the Industry Competent Authority based on the planned construction works.
Article 18-2
Where, for any public construction project undertaken by the employer, the entity (organization) in charge of the project issues a certificate of extended project duration, and it is necessary for the employer to hire foreign workers during the extended project duration, the employer shall apply for an extension of the employment permit with the Central Competent Government Authority within 14~120 days prior to the expiration of the original employment permit.
Where, for any private major economic construction project undertaken independently, or invested, by any private institution, the Industry Competent Authority issues a certificate of extended project duration, and it is necessary to hire foreign workers during the extended project duration, the private institution shall apply for an extension of the employment permit with the Central Competent Government Authority within 14~120 days prior to the expiration of the original employment permit.
The number of foreign workers allowed to be hired during the extended project duration referred to in the preceding two paragraphs shall be re-calculated by the Central Competent Authority, based on the original project duration plus the extended project duration, in the manner referred to in Table 4 in Article 18 herein, which shall be no more than the number of workers identified in the initial recruitment permit issued by the Central Competent Authority.
The extended employment permit period applicable to the foreign workers referred to in Paragraph 1 and Paragraph 2 shall be no more than the extended project duration. Meanwhile, their employment period plus extended employment permit period shall be no more than three years.
Article 18-3
Where the public construction project undertaken by the employer still requires the employment of foreign workers during the inspection and acceptance period, upon issuance of the certificate of the scheduled completion date of inspection and acceptance by the entity (organization) in charge of the project, the employer shall apply for an extension of the employment permit with the Central Competent Authority within 14~120 days prior to the expiration of the original employment permit.
The number of foreign workers for the extended employment permit referred to in the preceding paragraph shall be no more than 50% of the total foreign workers hired for the project.
The foreign workers who are absent from work without justified reasons for three consecutive days and, therefore, are untraceable, as notified to the competent authority pursuant to the relevant requirements, shall be excluded from the calculation of the number of foreign workers duly hired as referred to in the preceding paragraph.
The extended employment permit period applicable to the foreign workers referred to in Paragraph 1 shall be no more than the scheduled inspection and acceptance period. Meanwhile, their employment period plus extended employment permit period shall be no more than three years.
Article 19
(Deleted)