解釋令

發文字號(NO.): No. 1050506778
發文日期(Announced Date): 2016.06.15
Date: June 15, 2016
File No.: Labor Issuance Administration No. 1050506778
Address: 10F., No.66, Sec. 1, Neihu Rd., Neihu Dist., Taipei City

“The local employer of a foreign worker must complete the employers’ orientation program held by the competent authority or its designated non-profit organization before hiring a foreign worker to render home care or household assistance for the first time” as set forth in paragraph 1 of article 48-1 of Employment Service Act (hereinafter the Act) means that the employer must attend the employers’ orientation program before acquiring the employment permit or consecutive employment certificate issued by the Ministry, except those employers who had acquired the employment permit or consecutive employment certificate.
For hiring or consecutive hiring foreign workers since July 1, 2016, the employers who fail to attend employers’ orientation program pursuant to regulations or violate the Act and relevant regulations and had never been attended employers’ orientation program shall attend the employers’ orientation program for application of hiring foreign worker to render home care or household assistance even though the Ministry has issued the employment permit or consecutive employment certificate for the period of legally specified period of application according to regulations as follows:
1.Issue the permit of employment for the period of legally specified period of application or the period starting from the date on which the foreign worker entered the territories of the Republic of China till the period when the employment permit is disapproved in accordance with paragraph 2 of article 28-1 of Regulations on the Permission and Administration of the Employment of Foreign Workers.
2.Issue foreigners Consecutive Employment Certificate since the date of consecutive employment until the date that no Employment Permit is allowed to issue in accordance with article 21 of Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act.
The interpretive rule shall be effective since July 1, 2016.