Chapter IV Applications for Employment Permits for Type C Foreign Workers
Article 42
When an employer applies to employ a type C foreign worker, he/she must first undertake domestic recruitment offering reasonable labor conditions through a public employment services agency in the area where the work site is located. Employers with a proper explanation as to why this is unable to meet their needs can apply to the Central Competent Authority to employ foreign workers. However, if an employer wants to employ a foreign worker to engage in intermediate skilled live-in care work and a municipal or county (city) government affiliated long term care center recommends a domestic care worker there is no need to go through domestic recruitment.
The aforementioned domestic recruitment and withdrawing an employment ad registration is conducted pursuant to the provisions of Articles 17 to 21-2 and Article 25.
Article 43
Type B foreign workers employed in the Republic of China who meet one of the following conditions can be employed to engage in intermediate skilled work:
1. Those currently employed who have worked consecutively for six years or more, or who have worked for the same employer for six years or more.
2. Those who were employed for an accumulated period of six years or more and after leaving the Republic of China returned to work, where the accumulated time worked is 11 years and six months or more.
3. Individuals previously employed in the Republic of China whose accumulated time working is 11 years and six months or more but who have since left the country.
Employers applying to employ foreign workers referenced in Subparagraph 1 of the above paragraph for intermediate skilled work must file applications in accordance with the following time provisions:
1. Original employer: Apply two months before employment permit expires.
2. New employer: Apply 2-4 months before the aforementioned employment permit expires, with employment starting the day after expiration.
Employers should apply to employ foreign workers referenced in Subparagraph 2 of Paragraph 1 for intermediate skilled work 2-4 months before their employment permit expires, with employment starting the day after expiration.
In the case of foreign workers referenced in Subparagraph 3, Paragraph 1, other than where they are engaged in intermediate skilled live-in care work, former employers should apply to employ them for intermediate skilled work.
In the case of foreign workers engaged in intermediate skilled live-in care work, pursuant to the provisions of Subparagraph 3, Paragraph 1, employers must meet one of the following conditions:
1. Have previously employed the foreign worker as a live-in care worker.
2. Have a kinship relationship with an employer who previously employed the foreign worker, pursuant to the provisions of Paragraph 1, Article 21 of the Review Standards.
3. Have a kinship relationship with a care recipient previously cared for by the foreign worker, pursuant to the provisions of Paragraph 1, Article 21 of the Review Standards.
4. A care recipient previously cared for by the foreign worker pursuant to the provisions of Paragraph 3, Article 21 of the Review Standards.
5. An individual with no familial relationship to a care recipient previously cared for by the foreign worker, pursuant to the provisions of Paragraph 3, Article 21 of the Review Standards.
Article 44
When an employer applies to employ type C foreign workers the following documents are required:
1. Application form.
2. Photocopy of the certified identity documents of the applicant or person in charge of the company; company registration documentation, limited partnership certified documentation, business registration certificate, factory registration certificate or franchise license. However, in accordance with related legal provisions those exempted from applying for a factory registration certificate or franchise license do not have to submit them.
3. Employment ad certificate. However, those who employ foreign workers to undertake intermediate skilled live-in care work are exempted from providing the certificate.
4. When an employer recruits locally in accordance with Article 42, a list of domestic workers employed must be submitted. However, those who employ foreign workers to engage in intermediate skilled live-in care work are exempted from providing the certificate.
5. Certified documents issued by a municipal or county (city) government for the following:
(1) When in accordance with existing regulations a contribution has already been made to the Labor Retirement Reserve Fund or Labor Pension Fund
(2) When in accordance with existing regulations payment has already been made to the Wage Arrears Payment Fund
(3) When in accordance with existing regulations labor insurance premiums and occupational accident insurance have already been paid
(4) When in accordance with existing regulations a fine has already been paid for violation of labor laws.
(5) When in accordance with existing regulations management and labor meeting(s) have been held.
(6) When there are insufficient facts to indicate the occurrence of a strike, or management-labor disputes at work locations designated for type C foreign workers, pursuant to Article 10 of the Act.
(7) When there are insufficient facts to indicate evidence of business difficulties, suspension of operations, factory closure or business shut down.
(8) No evidence of the down grading of work conditions for domestic workers due to the employment of type B foreign workers.
6. A list of employed foreign workers, as well of photocopies of their passport or ARC.
7. Original copy of review fee receipt.
8. Other documents required by the Central Competent Authority.
Events detailed in Items 6 to 8, Subparagraph 5 of the above paragraph shall be limited to those that happened in the two year period prior to the of date of application.
When an employer applies to employ foreign workers for intermediate skilled work and any of the following conditions pertain the certified document listed in Subparagraph 5, Paragraph 1 do not have to be provided:
1. Engagement in intermediate skilled live-in care work
2. Employment of foreign workers for the intermediate skilled ocean fishing work by individual employers who do not hire domestic workers and agree to share the surplus with a partner(s).
3. Employment of foreign workers for intermediate skilled outreach agricultural work or intermediate skilled agricultural work.
When the employer is a civic organization, other than having to provide the documents detailed in Subparagraph 1 and 3-8, Paragraph 1, organization accreditation documents and photocopies of the organization responsible person’s certified identity documents must also be provided.
When an employer employs type C foreign workers, the Central Competent Authority will prescribe document validity periods for all application documents and the application process.
Article 45
When an employer applies to the Central Competent Authority to employ the following type C foreign workers, the foreign worker is required to apply for a visa to enter the Republic of China:
1. Those employed as bilingual translators, chefs or related jobs
2. Those previously employed as type B foreign workers in Taiwan who accumulated work time meets the upper limit pursuant to the provisions of Article 52 in the Act
3. Foreign overseas students, overseas Chinese students or other students of Chinese de-scent who graduated from a college or university in the Republic of China and obtained an associate degree or higher.
When the aforementioned foreign nationals apply for a visa to enter Taiwan they are required to attach the following documents:
1. Employment permit.
2. Report issued in the past three months by a hospital approved or designated by the Central Competent Health and Welfare Authority of the Republic of China. However, if said foreign workers live in a county where there is no hospital approved or designated by the Central Competent Health and Welfare Authority of the Republic of China, a health examination report issued within the past three months by an accredited health facility in the country of origin is acceptable.
3. An affidavit from the foreign worker attesting to his/her understanding of related work regulations in the Act.
4. Any other visa application documents stipulated by the Central Competent Authority for the Relevant Business.
Article 46
Pursuant to the provisions of the Act, employers assume employer responsibilities from the day foreign workers arrive in the Republic of China or the date on which the employment contract comes into force.
Article 47
When employers apply to employ foreign workers to engage in intermediate skilled work, they are also required to plan and adhere to a Foreign Worker Living Care Service Plan as detailed in Article 33 and inform the local competent authorities within the following stipulated time periods so an inspection can be conducted:
1. If foreign workers are brought in from abroad to engage in intermediate skilled work the local competent authority should be informed within 3 days of their arrival in the Republic of China.
2. If intermediate skilled foreign workers are employed from within the Republic of China, the local competent authority should be informed within 3 days of an application for an employment permit.
The documents to be submitted with the aforementioned notification, do not include an affidavit on expenses incurred traveling to the Republic of China to work and wage/salary verified by the competent authority in the worker’s country of origin. They do include documents on the handling, issuing of certification and inspections by the local competent authorities conducted pursuant to the provisions of Articles 33 and Article 34.
If the same employer applies for type B foreign workers already working in the Republic of China to engage in intermediate skilled work, he/she is exempted from notifying the local competent authorities to conduct the inspection detailed in Paragraph 1.
Article 48
When an employer finds it necessary to continue the employment of a type C foreign worker he/she should submit the documents detailed in Article 44 to the Central Compe-tent Authority, within four months of the expiry of the employment permit, as part of an extension application.
When an employer does not find it necessary to continue employing a foreign worker en-gaged in intermediate skilled work he/she should submit an application form and other documents required by the Central Competent Authority, within 2-4 months of the expiry of the employment permit, in accordance with the Employer Transfer Rules as part of an application for a contract completion transfer. Alternatively, the new employer can apply for continued employment of type B and type C foreign workers in accordance with the Employer Transfer Rules.
When employers, in accordance with the Employer Transfer Rules, take on continued em-ployment type B foreign workers to engage in intermediate skilled work, discounting time spent on intermediate skilled work, total work time must not exceed the number of work years detailed in Article 52 of the Act.
Article 49
When an employer applies to employ type C foreign workers, applications and management matters after they arrive in the Republic of China will be governed pursuant to the provisions of Article 23to Article 24-1, and other than where elsewhere stated in this chapter, provisions governing type B foreign workers.