Article Content

  Chapter 3: Procedures for employer applications for an employment permit

   Section 2 Domestic talent recruitment

Article 45
An employer applying to hire foreign skilled workers is required to first register a job vacancy offering reasonable labor conditions with a public employment services agency in the location of the workplace. Beginning on the day following the registration, the employer is required to post a recruitment advertisement on the national employment information website established by the Central Competent Authority in accordance with Article 22 of the Act, and seek to recruit domestic workers for a minimum of seven days from the day following the posting. However, if at the same time the employer publishes the recruitment advertisement in a domestic newspaper designated by the Central Competent Authority for two consecutive days, domestic recruitment is conducted for a minimum of three days after the publication of the ad ends.
The content of the recruitment ad in the above paragraph is required to include the job category, number of people to be hired, required expertise or qualifications, employer’s name, wages, working hours, work location, employment period, whether meals are provided and the name, address, and telephone number of the public employment services agency dealing with the job registration.
When recruiting under the provisions of Paragraph 1, the employer is required to notify the labor union or employees of the business entity and post a public announcement in a location in the company that is accessible and easily visible.
An employer applying to hire foreign skilled workers to engage in live-in caregiving skilled work is required to conduct domestic recruitment in accordance with the following provisions:
1. When the care recipient meets the qualifications detailed in Paragraph 1 or Paragraph 2, Article 31, procedures are handled in accordance with the provisions of Article 46.
2. When the care recipient meets the qualifications detailed in Paragraph 3, Article 31, on presentation of related identification documents procedures are handled in accordance with the provisions of Article 47.
Article 46
When the care recipient meets qualifications detailed in Paragraph 1 or Paragraph 2, Article 31, and the employer intends to hire foreign skilled workers to engage in the work listed in Subparagraph 10, Article 5, a special municipality or county (city) government long-term care management center will recommend domestic care workers. If, for legitimate reasons, care needs cannot be met and the referrals are unsuccessful, the employer is permitted to apply to the Central Competent Authority to hire foreign skilled workers to engage in work detailed in Subparagraph 10, Article 5.
Article 47
When the care recipient meets qualifications detailed in Paragraph 3, Article 31 and the employer intends to hire foreign skilled workers to engage in work listed in Subparagraph 10, Article 5, the employer is required to first post a recruitment ad offering reasonable labor conditions, on a nationwide employment information website established by the Central Competent Authority pursuant to Article 22 of the Act, recruiting domestic workers for a minimum of seven days from the day following the posting. If, upon confirmation by the public employment services agency that labor needs cannot be met, the employer can apply to the Central Competent Authority to hire foreign skilled workers to engage in work detailed in Subparagraph 10, Article 5.
The recruitment ad referred to in the above paragraph is required to include the job category, number of people to be hired, required expertise or qualifications, employer’s name, wages, working hours, work location, employment period and whether meals are provided.
Article 48
The foreign skilled workers hired by an employer are required to possess the expertise or qualifications required in domestic recruitment conducted in accordance with Article 45 or the above article. When necessary, the Central Competent Authority can re-examine the expertise or qualifications of such foreign skilled workers and those found to not meet the requirements will not be approved.
When an employer conducts selection tests as part of domestic recruitment, the test items and recruitment criteria will be submitted to the public employment services agency handling the job registration for reference when the job vacancy is registered. The agency can designate a date to conduct the tests and may invite professionals with related expertise to witness the examination.
The selection test items and employment conditions referred to in the previous paragraph can be determined by the Central Competent Authority based on job category.
Article 49
If after conducting domestic recruitment in accordance with Paragraph 1, Article 45, there are still unfilled positions, the employer can, within 15 days of the end of the recruitment period specified in the same paragraph, submit recruitment ad materials, the roster of domestic workers hired, and documents required by the Central Competent Authority to the public employment services agency that handled the job registration as part of an application for a certificate of domestic recruitment.
After determining that the employer conducted recruitment in accordance with the provisions of Article 45 and the above Article, the agency that originally handled the job registration will issue a certificate of domestic recruitment attesting to the unfilled domestic worker positions.
Article 50
When conducting domestic recruitment in accordance with related regulations, the employer must not engage in any of the following behavior with respect to individuals referred by a public employment services agency or who apply on their own:
1. Make false statements regarding the difficulty or danger of the work.
2. Refuse to hire applicants for positions registered as non-skilled or manual labor on the grounds that their technical skills are inadequate.
3. Refuse to hire domestic workers for any other unjustified reason.
Article 51
If an employer has sought to recruit domestic workers by any of the following methods and is unable to meet its labor needs, the employer can, within 60 days of the end of the recruitment period, apply to a public employment services agency in the area where the workplace is located for a certificate of domestic recruitment, which can then be used to apply to hire foreign skilled workers:
1. Registered a job vacancy with a public employment services agency in the area where the workplace is located for a minimum of 7 days starting the day following registration.
2. Independently posted a recruitment ad on a national employment information website established pursuant to the provisions of Article 22 of the Act for a minimum of seven days from the day following the posting.
When applying for a certificate of domestic recruitment in accordance with the previous paragraph, the employer is required to submit the following documents:
1. Materials demonstrating compliance with the provisions of Paragraphs 1 to 3, Article 45 on reasonable labor conditions, recruitment ad content, notification to labor unions or employees, and public announcements.
2. A roster of domestic workers employed.
3. Other documents required by the Central Competent Authority.
On determining that the employer has conducted recruitment in accordance with the provisions of the preceding two paragraphs and not violated the provisions of the above Article, the public employment services agency will issue a certificate of domestic recruitment for the unfilled domestic worker positions.
Article 52
An employer applying to hire foreign skilled workers cannot withdraw a job registration in the six months prior to undertaking domestic recruitment. However, this provision can be waived if there is a legitimate reason.