Article Content

  Chapter IV Supervision and Management of Foreign Persons Following Entry into the Republic of Chi

Article 20
If any one of the Sub-Paragraphs prescribed in Article 52 of the Act occurs,
an employer shall report to the relevant authorities within three days of
the occurrence and notify the central competent authority as well.
The notice mentioned in the preceding Paragraph shall include the following
Sub-Paragraphs and information of the foreign worker(s): name, sex, age,
nationality, date of entry into the Republic of China, duration of employment,
photograph, recruitment permit number, worker permit number and the Alien
Resident Certificate.
The local police department, when notified by an employer of the situation,
shall investigate whether or not the foreign person(s) have departed from
the Republic of China. If it is determined that this had not in fact
occurred, the National Police Administration of the Ministry of Interior shall
be asked to conduct further investigation.
Article 21
The employer, in paying wages to foreign workers, shall supply a detailed wage
datasheet printed in Chinese and in the native language of the paid foreign
person. The datasheet shall record and detail the amount in wages given,
items used in wage calculations, cumulative wages, wage deductions, as well as
any expenses and other sums. This shall be given to the foreign worker for
record keeping.
Article 22
The employer shall arrange for the biannual medical examination of the foreign
worker(s), beginning 6 months after the date on which he or she entered the
Republic of China. The examinations must be arranged within 30 days before or
after reaching the sixth month, and shall be conducted in hospitals designated
by the central competent health authority.
The central competent authority shall set the specific date for the
examinations mentioned in the preceding Paragraph.
Within 15 days upon receipt of the medical examination results, the
employers shall submit the following documentation to the local health
competent authority:
1. The foreign workers recruitment permits, issued by the central competent
authority.
2. Satisfaction of the requirements of the mandatory medical examinations
after entry in to the Republic of China.
3. The roster list of the examined foreign persons.
4. The results from the medical examinations.
Foreign person(s) engaging in the line of work prescribed in Sub-Paragraph 9,
Paragraph 1 to Article 43 of the Act shall take physical exams before or
affter 30 days in every 12 month.
Article 23
If a foreign worker is found to have violated any one of the Sub-Paragraph
contained in Paragraph 1 Article 54 of the Act, his or her recruitment
permit shall be partially or entirely revoked by the central competent
authority. The employer of the said worker shall not be liable if no fault
had been committed in the duty of supervision or if the departure of the
foreign person(s) would have occurred notwithstanding the exercise of
reasonable supervision, thus the employer shall retain the privilege to
recruit foreign persons.
Article 24
Recruited foreign persons are prohibited from the following activities:
1. Residing with families or spouses.
2. Working with a job specialty that is inconsistent with the specialty
originally required by the employer during the recruitment period.
3. Evading regular medical examinations arranged by the employer.
4. Obtaining the recruitment permit by means of forgery or falsification of
information.
Article 25
If the employer intends to extend the employment period of foreign persons,
they shall apply to the central competent authority for an extension
permit. An employer shall apply within 60 days prior to the expiration date
of the foreign worker’s work recruitment and shall submit the following
documents to the central competent authority:
1. The recruitment extension application forms.
2. The original recruitment permits issued by the central competent authority.
3. The letter of approval from the local health competent authority certifying
the foreign person’s satisfaction of the medical examinations within the last
6 months.
4. The roster of the foreign person(s) seeking employment extension.
Recruited foreign workers engaged in the lines of work prescribed in Sub-
Paragraph 9 of Paragraph 1 to Article 43 of the Act shall use the documents
prescribed in Sub-Paragraph 3 of the previous paragraph as the letter of
approval. This letter certifies satisfaction of the medical exams conducted
within the last 12 months.
Employers who are issued permits under Paragraph 1of this Article should be
issued extension of recruitment permits by authorities concerned.
Article 26
Prior to approval to issue the recruitment extension permits indicated in
Paragraph 1 to the preceding Article, the central competent authority shall
notify the applicants of the total amount of the deposit, calculated on the
basis of the number of foreign persons seeking extension. The deposit shall
be deposited in accounts or financial institutions designated by the central
competent authority. All other terms of payment shall be either in cash or as
a certification of deposit from a legitimate financial institution.
Article 27
If anyone of the following events shall occur, foreign person(s) engaged in
the line of work prescribed in Sub-Paragraph 7 through 9, Paragraph 1 to
Article 43 of the Act shall, with permission from the central competent
authority, resume work with different employers:
1. The death or emigration of the original employers or wards.
2. The vessels on which the foreign workers were employed have been impounded,
sunk, or salvaged but no longer serviceable.
3. The employers have closed the plants, ceased operations, or have violated
the terms of compensation of the original contract .
4. Any other incidents or events that are beyond the control of the
recruited foreign persons.
The central competent authority shall determine the process of continuing
the recruitment.
Article 28
In the event that the foreign person(s) have departed from the Republic of
China during the employment period or is deceased, events that precipitated
with no direct responsibility on the employer’s part, the employers may apply
to the central competent authority for foreign workers to fill the vacancies.
The effective employment period of the replacement workers shall be restricted
to the remaining employment period of the original permit holders. If the
remainder of the original employment period is less than 6 months, then no
replacements shall be permitted.