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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 VII Outreach Manufacturing Work
Article 38
When foreign workers are engaged in outreach manufacturing work pursuant to the provisions of Subparagraph 2, Article 5, the central competent authority in charge of the target business in consultation with the Central Competent Authority will designate a trial operation, establish an industrial park administration and appoint one of the following to serve as an employer in accordance with Paragraph 1, Article 50 of the Statute for Industrial Innovation.
1. A juristic person.
2. A non profit seeking juristic person.
3. Other non profit making organizations established for public welfare purposes.
For foreign workers engaged in outreach manufacturing work referred to in the previous paragraph, the work location in the outreach manufacturing service contract shall be confirmed by the Central Competent Authority as engaging in production involving the specialized manufacturing processes referenced in Paragraphs 1 and 2, Article 24.
Article 39
An employer can apply for an initial recruitment permit to employ foreign workers after the approval of an outreach manufacturing service proposal submitted to the central competent authority in charge of the target business.
The outreach manufacturing service proposal referred to in the previous paragraph is required to include the following:
1. Certified documents attesting to the employer’s qualifications.
2. Plans for the provision of services, fee-charging items, amounts to be charged and a sample contract.
3. Plans for manufacturing manpower deployment, supervision and educational training.
4. Plans for regular inspection and control of the number of workers using outreach manufacturing services at outreach manufacturing service contract locations.
5. Other outreach manufacturing service related information.
Employers are required to adhere to the details of approved outreach manufacturing service proposals.
The number of foreign workers hired by an employer to engage in outreach manufacturing work shall not exceed the number approved by the central competent authority in charge of the target business.
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 40
The total number of foreign workers hired independently by an employer and foreign workers engaging in outreach manufacturing work at service contract locations to which employers send them to engage in outreach manufacturing work shall not exceed 40% of the workers enrolled on the labor insurance program at the service location site.
The number of foreign workers referred to in the previous paragraph is calculated based on the number of workers with labor insurance two months prior to the inspection.
The industrial park administration referred to in Paragraph 1, Article 38 shall inspect the ratio of foreign workers at the service contract location every three months from the date they start working at the site pursuant to the provisions of Paragraph 1 and submit the results of said inspection to the Central Competent Authority.
When the total number of foreign workers hired independently by an employer and foreign workers engaging in outreach manufacturing work at service contract locations exceed the ratio stipulated in Paragraph 1 the Central Competent Authority will order the employer to stop sending foreign workers to the service contract location.
Article 41
If an employer is found to have engaged in any of the following behaviors the Central Competent Authority will revoke their recruitment permit and employment permit, in part or whole, pursuant to the provisions of Article 72:
1. Assignment of foreign workers to engage in outreach manufacturing work at locations that do not have the specialized manufacturing processes specified in Paragraph 1 or Paragraph 2, Article 24, and failure to rectify the misconduct within a fixed period of time.
2. Violations of the outreach manufacturing service proposal resulting in the central competent authority in charge of the target business revoking authorization.
3. Failure to comply after receiving notification from the Central Competent Authority to cease outreach manufacturing services in accordance with Paragraph 4 of the previous Article.
4. Where business operations are inadequate, violations of related laws and regulations, or seriously detrimental to public welfare.