Article Content

  Chapter 11-1 Diverse companionship care services work

Article 56-1
Foreign nationals employed to engage in companionship care service work detailed in Subparagraph 7, Article 5, must be hired by a foundation or non-profit organization that has been legally established or registered for a minimum of five years.
Article 56-2
Employers in the previous Article are required to submit a diverse companionship services plan based on the program and time period established by the Central Competent Authority.
The aforementioned diverse companionship services plan is required to include the following:
1. Certified documentation attesting to the eligibility of the employer.
2. A list of services provided, fee-charging items and amount charged, contract template and other related plans.
3. Total manpower and allocation, supervision and education, training mechanism plans.
4. Additional diverse companionship care services related information.
After a diverse companionship care services plan is approved by the Central Competent Authority, the employer and foreign workers are required to proceed in accordance with the provisions of the approved plan and services contract.
Article 56-3
The number of foreign nationals hired by an employer to engage in diverse companionship service work cannot exceed the total number determined by the Central Competent Authority.
Determination of the aforementioned total number of hired foreign workers should include the following:
1. Number of foreign workers recruited for the first time in the application.
2. Number of foreign workers that can be applied for on the recruitment permit, number of recruitment permits obtained and number of foreign workers already employed. However, in either of the following circumstances foreign workers are not included in the calculation:
(1) When an employer wants to continue the employment of a foreign worker with four months left on his or her employment permit an application for re-recruitment can be filed with the Central Competent Authority, those individuals are not included in the calculation.
(2) When there are changes to the factual basis of the original recruitment permit and an employer is unable to apply for supplementary recruitment, re-recruitment or employment of foreign workers, those individuals are not included in the calculation.
3. Number of foreign workers included on foreign worker recruitment permits and employment permits revoked in the two year period preceding the application, for reasons attributable to the employer.
Article 56-4
The Central Competent Authority can conduct on-site inspections based on the provisions of the previous three Articles.
In any of the following situations the Central Competent Authority will, in accordance with the provisions of Article 72, revoke in part or entirely an employer’s recruitment permit and employment permit:
1. When the Central Competent Authority confirms a serious violation of the provisions of Paragraph 3, Article 56-2, or a fixed period of time is given to make related improvements, but no improvements are made.
2. When the Central Competent Authority confirms a serious violation of related labor laws.
3. Where there is deemed to have been mismanagement and significant harm to the public interest.