Amendment of Certain Provisions for Regulations on the Permission and Administration of the Employment of Foreign Workers
Article 5 The entry visa held by a foreign worker who engages in occupations as referred to below shall be deemed as a work permit and the period of stay allowed by the visa shall be within thirty days:
1.To engage in the work mentioned in the Paragraph 3, Article 51 of the Act.
2.To help assist in the solution of emergency cases and related problems for the purpose of public welfare and to engage in the works regulated in the Subparagraph 1, Paragraph 1, Article 46 of the Act.
3.To be recognized as well-known experts by the agencies mainly responsible for the speech or commercial technical advisory work regulated in Subparagraph 1, Paragraph 1, Article 46 of the Act.
4.Those who are invited by the central competent authority in charge of the target business at the Central Government level and who are going to be engaged in non-profit art performances or sports events.
A foreigner who obtains an Academic and Business Travel Card issued by the immigration authority, and is engaged in speeches or technical business guidance work provided in the Subparagraph 1, Paragraph 1, Article 46 of the Act, shall be deemed as being given a work permit in the event that the period of stay permitted by the visa is within ninety days.
Article 6 Unless otherwise provided for in the Act or in the Regulations, an employer shall apply with the Central Competent Authority for a permit to recruit foreign worker(s) to engage in occupations in the Republic of China.
Prior to granting the permit as referred to in Paragraph 1 of this Article, the Central Competent Authority may consult with the Central Competent Authority administering the occupations in question for reviewing their opinions and comments thereon.
Where an employer engages a foreigner in such occupations as those provided in Subparagraph 2, Paragraph 1, Article 48 of the Act, he/she shall verify the original Alien Resident Certificate and joint-family household registration data of such foreign.
Article 11-3 In an event where a foreign worker works in the territories of the Republic of China in accordance with Article 46, Paragraph 1, Subparagraph 1 or 2 of the Act for the business lines which are open under documented international agreement, the business entity which executes the contract shall apply for a permit according to the requirements for Type A foreign worker(s) unless otherwise prescribed in the Act or these Regulations.
The foreign worker referred to in the preceding paragraph, who has concluded a contract with the business entity within the Free Economic Pilot Zones and undertakes the job specified under the Subparagraph 1 or 2 of Paragraph 1 to Article 46 of the Act, shall be exempted from the restriction of the business lines which are open under documented international agreement.
The provisions for management over Type A foreign worker(s) shall be applicable to the foreign worker specified under the preceding two paragraphs.
The following documents shall be provided for application for a permit under Paragraph 1 or 2 in addition to those documents required as specified under Subparagraphs 1, 5 and 6 of Paragraph 1 and Subparagraph 4 of paragraph 2 to Article 7:
I. A photocopy of the contract.
II. The roster of foreign worker(s), photocopies of passports, photocopies of certificates of graduation (diplomas) or the supporting certificates. In a case where a foreign worker engages in the job under Subparagraph 2 of Paragraph 1 of Article 46 of the Act, the certificate of graduation (diploma) or the supporting certificate may be exempted.
In the event that the qualification requirements to be obtained for a foreign worker to engage in the jobs under Paragraph 1 or 2 are consistent with certain methods and conditions of professional practice, such foreign worker shall satisfy the requirements by the laws and regulations promulgated by the competent authorities in charge of the target business in the Central Government level.
Article 12 In order to apply for a permit to employ type B foreign worker(s), an employer shall offer reasonable employment terms and register such employment demands with the local Public Employment Services Institutions, and following the registration, shall advertise such employment demands on the Employment Information Network established by the Central Competent Authority pursuant to Article 22 of the Act and the recruitment of domestic workers shall be conducted for at least twenty-one days. If an employer advertises such employment demands in one of the domestic newspapers assigned by the Central Competent Authority for three days at the same time, the recruitment for domestic workers shall be conducted at least fourteen days following the day on which said advertisement period ends.
The advertisement for employment demands as referred to in Paragraph 1 of this Article shall specify the type of work and the number of persons to be recruited, the required specialty or qualifications, the name of the employer, the wage/salary, the working hours, the working location, the employment period, whether meals are provided and the name, address and telephone number of the Public Employment Service Institutions which processed the registration.
When conducting the recruitment as referred to in Paragraph 1 of this Article, the employer shall notify the labor union or the workers of the business entity involved in such recruitment, and shall announce the recruitment publicly in such a place as to make it apparent and obvious to the workers in the business entity.
When applying to employ in-house nurses, an employer shall follow the specifications set forth in Article 12-1.
Article 14 An employer who has recruited domestic workers in accordance with the Paragraph 1 of Article 12 but could not recruit sufficiently, may, within fifteen days following the last advertising day provided in Paragraph 1 of Article 12, submit recruitment advertisement materials, provide the list of employed domestic workers and documents set forth by the Central Competent Authority, to the Public Employment Service Institutions in charge of the registration for the certificate of employment demands.
Having examined and approved that an employer has fully complied with Articles 12 and 13 regarding the recruitment, the said Public Employment Service Institution shall issue a certificate for employment demands indicating the insufficiency of the required number of workers after domestic recruitment.
Article 31 Should a foreign student as referred to in Article 30 been officially enrolled in a school to take courses for 1 semester or more in a division, department or graduate institute thereof or to take language course(s) for one year or more, and should the school where he/she is enrolled in acknowledge the existence of any of the following factual situations, the said foreign student may engage in jobs relevant to the course(s) he/she has take and the language he/she has learned:
1. It is proven by concrete evidence that the financial situation of the said foreign student is unable to continuously sustain his/her studies and cost of living.
2. The teaching or researching unit of the school where the said foreign student is enrolled is in need of his/her assistance and participation in teaching or researching work.
3. The said foreign student has to engage in off-campus practical training related to the course(s) he/she is taking.
Foreign students who meet one of the following qualifications are not restricted by the provisions as referred to in the preceding paragraph:
1. Foreign students with exceptional specialty in a foreign language, with the ad hoc approval by the Ministry of Education, after his/her enrollment in the school, to work on a part-time basis as a teacher in that language in a subsidiary language center affiliated with a University/College or with a foreign culture and education organization stationed in the Republic of China.
2. Foreign students enrolled in a graduate institute and have been approved by the school where the said foreign students are enrolled in to conduct relevant research work.
Article 33 In order to apply for a work permit, a type C foreign worker shall submit the following documents:
1. Application form(s).
2. Photocopy of student’s identity card.
3. Original Letter of Authorization issued by the School or by the Subsidiary Language Center affiliated with the School where the Applicant type C foreign worker is enrolled in.
4. Grades certificate(s) of the latest semester or school report of full-year language course(s).
5. Original receipt of the examination fee.
6. Other documents as may be required by the Central Competent Authority.
In addition to those documents as referred to in Paragraph 1 of this Article, the applicant type C foreign worker shall also submit the relevant certifying document(s) as referred to in Subparagraphs 1 to 3, Paragraph 1 of Article 31 or the certificate for his/her exceptional specialty in a foreign language.
Article 46-2 For the payment of employment security fees prescribed in Paragraph 1, Article 55 of the Act, the employer should calculate the amount that should be paid for the current quarter based on the industry classification of the employed foreign workers, the number of workers and the amount of employment security fees prescribed in Paragraph 2, Article 55 of the Act, starting from the next day after the foreign workers’ entrance, or the day of continuing employment to the last day of the employment or until the day before invalidation of the employment permit.
The employment security fees should be paid to the employment security fund account created by the Central Competent Authority, by the 25th day of the second month of the next quarter by the employer. The employer is allowed to make early payment without interest.
If the employed foreign worker is not employed for one month, the employer is allowed to calculate and pay the employment security fees based on the actual number of employed days.
If the paid employment security fees exceed the amount that should be paid, the employer is allowed to file applications and documents for a refund of such overpayment amount.
Article 48 These Regulations shall become effective on January 15, 2004. Amended articles of the Regulations shall become effective on the date of promulgation. Amended and promulgated articles of these Regulations on October 3, 2006 shall become effective on November 1, 2006. Amended Article 12, 14 of the Regulations shall become effective on January 1, 2014.