Article Content

Print

When foreign workers are hired to engage in live-in care giving work referred to in Subparagraph 3, Article 4, care recipients under their care are required to comply with one of the following conditions:
1. Individuals must have one of the conditions listed in the Specific Severe Physical and Mental Disabilities Categories.
2. Individuals under the age of 80 determined as requiring all-day care by a professional evaluation conducted by a team from a medical institution.
3. Individuals aged 80 or over determined to be severely dependent on nursing services by a professional evaluation conducted by a team from a medical institution.
4. Individuals aged 85 or over determined to be moderately dependent on nursing services by a professional evaluation conducted by a team from a medical institution.
5. Individuals who have used live-in care services, daycare services or at-home care services funded by governments at various levels for six monts or more, in accordance with the provisions of Article 7 and Article 9 appended table No. 4 of the Long-term Care Services Application and Payment Measures.
6. Individuals with one or more dementi diagnosis certificate provided by a specialist in a neurology or psychiatric department, with the clinical Dementia Rating (CDR) clearly indicated or attached.
Those who have accumulated enough points to apply for a live-in home help pursuant to Article 12 shall not be classified as a care recipient defined in the previous paragraph.
The Specific Severe Physical and Mental Disabilities referred to in Subparagraph 1, Paragraph 1 are listed in Addendum 2 or the Disability Assessment Items and Standards approved by the Central Competent Authority.
Medical institutions referred to in Subparagraphs 2 to 4, Paragraph 1 are announced by the Central Competent Authority in consultation with the central health and welfare authority.
The professional assessment referred to in Subparagraphs 2 to 4, Paragraph 1 are determined by the central health and welfare authority.

If an employer has previously received approval from the Central Competent Authority to employ foreign workers, when applying for re-recruitment if the care recipient meets one of the following provisions he/she is not required to undergo the professional evaluation conducted by a medical institution detailed in the previous article.
1. When one of the situations detailed in appended table No. 3 applies
2. Individuals who are 75 years old and above.

When foreign workers engaged in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act, other than being required to be compliant with other requirements specified in the Standards, have also worked for 12 years in the Republic of China, or will have worked for 12 years within one year, and have accumulated 60 points pursuant to the provisions of Addendum 4, when an employer applies to hire them as a live-in caregiver they will be permitted to work in the country for an accumulated 14 years.

When foreign workers are employed to engage in live-in care giving work referred to in Subparagraph 3, Article 4 of the Standards, the employer and care recipient are required to have one of the following relationships:
1. Spouse.
2. Direct blood relative.
3. Collateral blood relations within three degrees of kinship.
4. Step parents, stepchild, spouse’s parents or step parents, spouse of children or step children.
5. Spouse of grandparents and grandchildren, step grandparents and grandchildren, spouse of step grandparents and grandchildren.
When the employer or care recipient is a foreign national, they are required to have a permit issued by the competent authority to reside in the Republic of China.
If the care recipient does not have relatives in the Republic of China, or their circumstances lead to them being designated a special case by the Central Competent Authority, only then can a person who is not a relative of the care recipient or the care recipient be designated the employer when applying to hire a foreign worker. However, when the care recipient is designated an employer, he/she shall designate a person with full legal capacity to perform employer responsibilities when the care recipient is unable to do so.

Foreign workers hired by an employer referred to in the preceding Article to engage in live-in care giving work or intermediate skilled live-in care giving work are limited to one caregiver per care recipient. However, if the care recipient has any of the following conditions an additional caregiver can be hired:
1. Disability manual or certificate that indicates the individual is in a vegetative state
2. When a professional medical evaluation classifies a care recipient as scoring zero on the Barthel Index and there is no chance of improvement for a six month period.
The total number of foreign workers in the previous paragraph should include the following:
1. Number of foreign workers on an initial recruitment application.
2. Number of workers on an application for a recruitment permit, number of workers with recruitment permits and number of foreign workers already employed
3. Number of foreign workers permitted to transfer employers or work after the cancellation of an employment permit, who have not yet received continued employment from a new employer or left the Republic of China. However, this does not include individuals who have not received continued employment from an employer more than one month after an employment permit is canceled.
4. Number of workers impacted by the cancellation of foreign worker recruitment permits and employment permits, for reasons attributable to the employer, in the two years preceding the application.

If, while the employment permit of a foreign worker hired to engage in live-in care giving work or intermediate skilled live-in care giving work remains valid, the competent authority determines the employer has violated the provisions of Subparagraph 3 or 4, article 57 of the Act, the Central Competent Authority will order the employer to arrange for the care recipient to receive a professional reevaluation at a designated medical institution within a set period of time.
If the employer fails to comply within the time frame laid down by the Central Competent Authority, or the professional medical evaluation determines the care recipient is no longer eligible under the provisions of Paragraph 1, Article 18 or the previous Article, the Central Competent Authority will revoke the employer’s recruitment permit and employment permit in part or in whole pursuant to the provisions of Article 72 of the Act.