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An employer, in initiating the recruitment of local persons for employment, in
accordance with the reasonable labor conditions specified in Paragraph 3 to
Article 43 of the Act shall register at the public employment service agencies
where the worksites are located. An employer is also required to, on the
day after registering with a local public employment service institution,
place advertisements in at least one local newspaper for a minimum duration of
three days. The recruitment period begins on the following day after the
placement of the recruiting advertisement and ends after 14 days. If the
desired number of positions are not filled by the conclusion of the
recruitment period, the employer shall be permitted to recruit foreign workers
only after the local public employment service institution issues proof that
there are indeed vacancies that could not be filled by domestic recruitment
alone.
An employer, who is recruiting for workers to be employed as caretakers in the
manner prescribed in the previous Paragraph, shall shorten the recruitment
period to 7 days.
The content of the newspaper advertisement prescribed in Paragraph 1 must
contain the following information: type of work, required number of workers,
specialized requirements, name of the employer(s), wage, hours of work,
location of workplace, duration of employment, conditions of room and board,
the name, address and telephone number of the public employment service
institution at which the employer(s) placed their registration.
An employer engaged in recruiting under Paragraph 1 of this Article must
inform the labor unions in their business entities and place the recruitment
information in areas frequented by workers in the workplace.
The public employment service institution at which the employer(s) placed
their registration shall grant the certification of recruitment once it has
determined that the employers had complied with the steps prescribed in the
four previous Paragraphs.

When employers proceed to recruit local persons in accordance with the
preceding Article, their requirements of qualifications and expertise or those
specific qualifications required by the Labor Safety and Health Law or other
related statutes and administrative regulations, shall apply equally to
foreign persons employed by them. The central competent authority may, if
necessary, reevaluate the standards of qualifications and expertise
regarding those foreign persons.
When employers recruit local persons and conduct competence tests of a
particular area of specialization, those applicants in possession of the
necessary certifications of technicians relevant to the line of work shall
be exempt from such tests.

In order to apply for the recruitment permits, employers are required to
submit the following documents to the central competent authority:
1. The completed application form.
2. The identification cards or the company licenses, the business registration
certificates, factory registration certificates (in this instance, those
exempt by law from applying for this certificate are also exempt from
submitting this certificate) and specially authorized business certificates of
the employers.
3. The job recruitment certificates issued by the public employment service
institution charged with receiving recruitment applications.
4. A roster of the domestic laborers if the employer is recruiting locally.
5. Proof or copies of the employer’s job recruitment newspaper advertisements
specified by Paragraph 4 to Article 5 of the Law.
6. The local city or county /municipality government shall provide
identification documents for the following instances (except to those who have
recruited domestic helpers or caretakers):
(1) Appropriation of worker retirement funds in compliance with laws and
regulations.
(2) Submitted Wage Arrears Repayment Fund payments in compliance with laws and
regulations.
(3) Submission of worker insurance fees in compliance with laws and
regulations.
(4) Submission of any fines for the violation of labor statutes, in compliance
with the Law.
(5) Any occurrences of unresolved labor disputes which was not caused by the
recruitment of foreign workers.
(6) Any interruption in the operation of the business entity, which is not
caused by the events prescribed in Paragraph 2 in Article 8, or by ceased
operation, plant closure or winding down of business operations.
7. A draft plan for the management of foreign workers’ living arrangements.
8. Other necessary documents as required by the central competent authority.
In the event that an employer made the application of the preceding
Paragraph through a private employment service agency, the application forms
mentioned in Sub-Paragraph 1 of the preceding Paragraph must bear the
signature of a qualified person employed by that private employment service
agency.
An employer employing foreign persons in accordance with Sub-Paragraph 9,
Paragraph 1 to Article 43 of the Act shall not be required to submit the
documents specified in Sub-Paragraph 7 of Paragraph 1 to the Article.

The central competent authority shall not grant permit to employers for the
recruitment of foreign workers in the event of the following situations:
1. Evident potential for violation of Article 41 of the Act.
2. The applicant has had an instance within the last two years, in which
they failed to execute the management of living arrangements for recruited
foreign workers.
3. Recruiting a number of foreign workers arriving at or exceeding the imposed
quota without designating managers or hiring management personnel provided
by private employment service institutions.
4. If an employer, during the process of recruiting locally, unreasonably
rejected job candidates recommended by the public employment service
institutions or any individual job seeker.
5. If advertisements were pulled from a local newspaper in the last six months
without proper explanation by a locally recruiting employer.
6. If the job recruitment advertisement contained false or intentionally
misleading information.
7. If the application documents required for submission by these Measures
contained inaccurate or falsified information.
8. If the employer failed to correct or resubmit data of an incomplete
application before deadline, despite given prior warning.
9. Withhold or illegally seize an employed foreign person's passport,
residence permit ,or violate an employed foreign person's physical body,
salary , property and any other rights.
10. If any labor retirement fund payments, Wage Arrears Repayment Fund
payments, worker insurance payments or labor violation fines are not paid in
accordance to the Law.
11. Occurrence of a major labor dispute caused by the employment of foreign
workers.
12. Evidence of factors that can potentially lead to the stoppage, or
closure of the business entity.
13. If an authorized private employment service institution is found to derive
illicit benefits contracts or favors from the recruitment of foreign
workers.
14. Violate Articles 51, 53, Paragraph 1 through 3 to Article 55, Article 56
or Article 9, Paragraph 2 to Article 12, Article 16, Paragraph 1 through 3
to Article 17, Article 21, Article 22 and Article 25 of the Measures.
If an employer has, within two years prior to applying for the recruitment
of foreign workers, laid off or discharged a certain number or portion of
Republic of China nationals, the central competent authority shall reject
the employer’s application for foreign recruitment.
The figures and portions mentioned in Sub-Paragraph 3 of Paragraph 1 and
Paragraph 2 to this Article are to be determined and announced by the
central competent authority.

Prior to issuing the recruitment permits, the central competent authorities
must notify all applicants to submit a guaranteed deposit, pursuant to
Paragraph 3 to Article 55 of the Act.
The guaranteed deposit mentioned in the preceding Paragraph shall be deposited
only in the accounts and the financial institutions designated by the
central competent authority. The methods of payment can be in cash or through
the certificate of guaranteed deposit issued by the financial institutions.

The amount of guarantees shall be calculated according to the number of
recruited foreign persons employed by the employers and their two month’s
worth of basic wages.
The guarantees shall be used to cover the necessary costs of return
airtickets, room and board while awaiting departure and other expenditures
arising from sending back those foreign persons. If there are any surplus,
they shall be returned to the employers without any interest payment. In
the event that there is a deficiency, the employers shall supply the
inadequate part of costs. The same also applies to those employers who pay
their guarantees through the method of certificate of guaranteed deposit.

Upon the submission of the guaranteed deposit by the employers pursuant to
Article 9 of the Act, the central competent authority shall issue the
recruitment permits.
The permits mentioned in the preceding Paragraph shall indicate Sub-Paragraphs
such as the job categories opened to foreign persons, the number of employed
persons, locations of workplace and the effective duration of the
recruitment permits.

If the recruitment applications are approved for employers who are also
first time applicants, those employers shall have, from the day of the
recruitment permits’ issuance, six months to complete all immigration
procedures and bring foreign persons into the Republic of China from an
approved foreign country. All recruitment permits shall lose validity after
six months. In cases of unavoidable occurrences or events that are beyond the
control of the employer, upon approval by the central competent authority, the
validity of the permit may be extended.
Employers shall not recruit foreign persons who have already entered into
the Republic of China.
The preceding Paragraph shall not apply to the following personnel:
1. Those who are recruited under Paragraph 1 to Article 48 of the Act.
2. Those who are recruited under Article 67 of the Act, and have received
permission to reside in the Republic of China.
3. All other persons permitted under special circumstances by the central
competent authority.

An employer shall reapply for a new recruitment permit from the central
competent authority in compliance with Paragraph 2 of this Measure, before the
expiration of an existing recruitment permit.
The application deadline, requirements and approval quota shall be
determined and announced by the central competent authority.
Employees re-approved for the recruitment of a new group of foreign workers
must reapply to the central competent authority within six months following
the departure of the previous group of recruited foreign workers.
Should an employer, whose previous group of foreign workers had departed prior
to the approval of a new recruitment permit, wish to recruit new foreign
workers, he or she must recruit the new foreign workers within six months of
the date from which the new permit was received.
Employees authorized to recruit foreign workers must, within six months
following the day on which the recruitment permit was received, complete all
necessary entry procedures for all foreign persons coming from an approved
country.

An employer shall sign, with foreign persons engaging in the lines of work
prescribed in Sub-Paragraph 7 and 8 of Paragraph 1, Article 43 of the Act, a
fixed term labor or employment contract prior to the foreign workers
entrance into the Republic of China.
The duration of employment of the contract mentioned in the preceding
Paragraph shall not exceed the limit time permitted by the central competent
authority.
The contract mentioned in Paragraph 1 shall be made in Chinese and
translated into the native language of the employed foreign workers.