Article Content

  Chapter 11-2: Waste and resource recycling and processing work

Article 56-5
Employers hiring foreign nationals to engage in waste and resource recycling and processing work as specified in Subparagraph 8 of Article 5, must obtain one of the following registration certificates or permits issued by the competent environmental protection authority:
1. A registration certificate for a recycling enterprise that recycles waste.
2. A registration certificate for an enterprise that processes recyclable waste.
3. A permit for a public or private waste processing facility.
Employers who have been verified as qualified by the central competent environmental protection authority may apply for initial recruitment permits to hire foreign nationals.
In accordance with the above conditions the Central Competent Authority and the central competent environmental protection authority may conduct on-site inspections.
Article 56-6
The total number of foreign workers an employer applies to initially recruit under the preceding Article combined with the number of foreign workers already employed shall not exceed 20% of the employer’s average number of employees in the year prior to the two months preceding the month of application.
The number of employees hired by an employer in the preceding paragraph shall be determined based on the average number of employees enrolled on labor insurance under the same labor insurance certificate number by the employer. However, this does not include foreign workers employed under the subparagraphs of Paragraph 1, Article 56-7.
The total number of foreign nationals employed as referred to in Paragraph 1 includes the following:
1. The number of foreign workers for whom initial recruitment is being applied.
2. The number of foreign workers for which recruitment permits have been applied, the number of recruitment permits obtained, and the number of foreign workers already employed.
3. The number of recruitment and employment permits for foreign workers that were revoked due to reasons attributable to the employer in the two years prior to the application date.
Article 56-7
The ratio of the number of foreign workers an employer applies to initially recruit under the preceding Article to the total number of foreign workers already employed can be increased if the following additional monthly employment security fee is paid for each foreign worker:
1. If the ratio is increased by 5 percent, the employer is required to pay an extra NT$3,000 employment security fee for each foreign worker per month.
2. If the ratio is increased by 5 percent to 10 percent, the employer is required to pay an extra NT$5,000 employment security fee for each foreign worker per month.
3. If the ratio is increased by 10 percent to 15 percent, the employer is required to pay an extra NT$7,000 employment security fee for each foreign worker per month.
4. If the ratio is increased by 15 percent to 20 percent, the employer is required to pay an extra NT$9,000 employment security fee for each foreign worker per month.
The increased ratio under the preceding paragraph, combined with the allocation ratio in the previous Article, shall not exceed 40% of the employer’s average number of employees in the year prior to the two months preceding the month of application.
After increasing the ratio and bringing in foreign workers as per the provisions in the above paragraph, the employer can not change the amount of the additional Employment Stability Fee to be paid.
Article 56-8
The number of foreign workers employed by an employer, combined with the total number of foreign workers introduced under Article 56-5 and Article 56-6, shall not exceed 20% of the number of employed staff, and the employer is required to employ at least one local worker per month.
The number of foreign workers employed, combined with the total number introduced under Article 56-5 and Article 56-7, and the method of inspection adopted by the Central Competent Authority on the employer’s hiring of foreign workers, shall comply with the provisions of Appendix 12-1.
Starting from the third month after the foreign workers introduced by the employer enter Taiwan or continue their employment, the Central Competent Authority shall every three months thereafter inspect the ratio or number of foreign workers employed according to the first two paragraphs, as well as the number of local workers.
The number of foreign workers employed as per the provisions of Paragraph 1 and Paragraph 2, the number of local workers, and the number of employed staff shall be calculated based on the average number of labor insurance participants over the three months preceding the base month, which is two months prior to the month the Central Competent Authority conducts its inspection.
If an employer exceeds the ratio or number of foreign workers, or fails to employ the prescribed number of local workers as detailed in Paragraph 1, the Central Competent Authority shall notify the employer to rectify the situation within a fixed period of time. If the employer fails to do so, his recruitment and employment permits exceeding the allowed number will be revoked in accordance with Article 72 of the Act, and the excess number shall be counted as part of the total number of foreign workers employed under Article 56-6.