Article 52 Where a foreign worker is employed to engage in work as referred to in Subparagraphs 1 to 7 and Subparagraph 11 of Paragraph 1 of Article 46, the duration of the permit therefore shall not exceed three years; upon the expiration of which the employer may apply for extension thereof pursuant to his/her business needs.
Where a foreign worker is employed to engage in work as referred to in Subparagraphs 8 to 10 of Paragraph 1 of Article 46, the duration of the permit therefore shall not exceed three years. Should some major and special circumstances occur, the employer may apply for a further extension thereof. The Executive Yuan shall prescribe the circumstances and duration of such further extension. However, in the event of a major construction, the duration of such further extension shall not exceed six months.
The Central Competent Authority shall invite and consult with representatives of the relevant governmental agency(ies), labors, employers, and scholars to decide, pursuant to the foreign workers employment alert index, the maximum number of foreign workers permitted per year to be introduced into the Republic of China to engage in work as referred to in Paragraph 2 of this Article.
An employed foreign worker who has not violated any laws or regulations within the duration of employment permit, and has departed from the Republic of China due to the termination of employment or the expiration of the employment permit, or an employed foreign worker who failed the health examinations but accepted medical treatment thereafter at his/her national country and then passed health examinations therein, may re-enter the Republic of China to work. However, as for a foreign worker who engages in work as referred to in Subparagraphs 8 to 10 of Paragraph 1 of Article 46, such re-entry may be allowed only after one day following his/her departure, but the aggregate duration in which such foreign worker engages in work in the said territory shall not exceed twelve years.
Article 55 Where employing foreign worker(s) to work as referred to in
Subparagraphs 8 to 10 of Paragraph 1 of Article 46, the employer shall pay employment security fees into the specific account for employment security fund as established by the Central Competent Authority to be utilized for the purposes of processing matters regarding promotion of employment of nationals, enhancement of labor welfare, and handling the employment and administration of foreign workers.
The amount of the employment security fees as referred to in Paragraph 1 of this Article shall be determined by the Central Competent Authority in accordance with economic development of the state, labor supply and demand and related work conditions; the amount may be varied according to characteristics of industries and occupations after consultation with other relevant competent authorities.
The employer is exempted from paying the employment security fees as required in accordance with Paragraph 1 of this Article as long as the employer duly reported, pursuant to applicable legal procedures, the fact that the employed foreign worker had been unjustifiably absent from his/her work and had not been in contact for three consecutive days or that the employment regarding the employed foreign worker had been terminated, and as a result thereof the employment permit was annulled.
Where employer fails to pay off the employment security fees within the specified period, an extension thereof for thirty days may be granted; where employer fails to pay off the said fees within the grace period, a late payment fine of zero point three percent of the outstanding accrued fees shall be levied per day from the day following the expiration of the grace period until the day prior to the complete payment thereof; but the aggregate sum of such fine shall not exceed the thirty percent of the outstanding accrued employment security fees.
Should employer fail to pay off the said fees by the end of thirty days after the belated payment fine was levied daily as referred to in Paragraph 4 of this Article, the Central Competent Authority shall thereafter resort to legal compulsory proceedings to collect the then unpaid fees as well as the belated payment fine levied but yet paid, and annul in whole or in part his/her employment permit.
The Competent Authority shall post the utilization of the employment security fund and the records of related meetings on its website.