Article Content

  1. General Principles

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1. In order to provide the manpower needed for live-in caregiving and assist families with their caregiving needs the Ministry of Labor (hereinafter “the Ministry”)will through qualified trial service units (hereinafter “trial units”)provide short-term, temporary and continuous caregiving services to alleviate the burden of family caregiving. As such, this program is established in accordance with Article 56-2 of the “Review Standards and Employment Qualifications for Foreign Workers Engaging in Work Specified in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Employment Service Act” (hereinafter “the standards”).
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2. Trial period and method of implementation:
(1)Trial period: The program will be implemented for three years starting from the date of its publication.
(2)Method of implementation: Units (hereinafter “applicant units”)that meet the qualifications detailed in Point 8 will submit a proposal for the Diverse Companionship and Care Services Program. After the ministry reviews and approves an applicant unit as a trial unit, the latter will hire both domestic and foreign diverse companionship care service workers (hereinafter referred to collectively as care workers)to engage in companionship and care services related physical work, as specified in the diverse companionship and care service contract (hereinafter the “service contract”).
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3. Target group for the program: The service is for individuals who require companionship and care, and meet one of the following qualifications:
(1)Possess a valid disability certificate.
(2)Eligible for catastrophic illness coverage under the National Health Insurance program.
(3)Have a record of medical treatment or surgery record within the past three months.
(4)A care recipient eligible to employ a foreign worker to engage in live-in care work or intermediate skilled live-in care work.
(5)Individuals assessed by a Long-Term Care Management Center as requiring long-term care at levels 2 through 8, and in need of the services provided by this program.
(6)Other individuals designated by the ministry.
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4. Services and work hours:
(1)Service items: The services provided by this program involve sending care workers to contracted service locations, where they provide service recipients with basic daily life care, including accompanying them when they go outside and to medical appointments, providing safety companionship, and other services approved by the ministry.
(2)Service hours: The duration of each service session detailed in the previous paragraph must be a minimum of four hours. For 24-hour care, there must be a 10-hour rest period, with work hours adjusted according to the needs of the care recipient and in accordance with the provisions of the Labor Standards Act.
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5. Applications for services from this program in accordance with Point 3 are required to submit the following documentation:
(1)Service recipient qualifies under Point 3, Item 1: A valid disability certificate.
(2)Service recipient qualifies under Point 3, Item 2: A valid catastrophic illness card, or a catastrophic certificate inquiry result from the National Health Insurance mobile app (Quick Access/My Health Bank)or a diagnosis certificate issued within the past year indicating the need for convalescence.
(3)Service recipient qualifies under Point 3, Item 3: A diagnosis certificate issued within three months of the application date, indicating the need for convalescence.
(4)Service recipient qualifies under Point 3, Item 4: Valid certified documentation showing proof of eligibility to employ foreign workers, including a valid recruitment or employment permit.
(5)Service recipient qualifies under Point 3, Item 5: A long-term care assessment notification or a receipt from a long-term care contract unit with the name of the care package provided.
(6)Other documents deemed by the ministry necessary to verify the need for companionship and care.
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6. The target individuals of this program can apply for services to a trial unit independently or through a third party.
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7. The ministry may delegate professional organizations to handle follow-up, counseling, and inspection work related to the trial units under this program.

  2. Application Procedures for Trial Units

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8. Applicant units: Incorporated foundations or non-profit associations that have been legally established or registered for a minimum of five years.
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9. As part of an application to the ministry to become a trial unit, applicant units must submit the following documents during the announced period:
(1)Application form (see Attachment 1).
(2)Diverse Companionship and Care Services Program Proposal (see Attachment 2).
(3)The legal entity or organization's articles of incorporation, certificate of legal establishment or registration, or photocopies of permits, or certified certification from the competent authority of the target industry, together with certified documentation of relevant service experience or practical performance.
(4)If planning to commission a private employment service agency, the following documents pertaining to the agency must be submitted:
1. Photocopy of the employment service agency's permit.
2. Certification of evaluation showing that in the five-year period preceding the date of application results were consistently classified as grade A in accordance with regulations or provide proof of exemption from evaluation due to outstanding performance.
(5)Certified documentation showing the qualifications in medical care, care worker staff management, bilingual foreign worker translation and accommodation management, financial affairs, business administration, and information skills of professional service management team members.
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10. The ministry may form an evaluation committee to assess written materials provided by the applicant based on the following criteria:
(1)The organization's charitable nature and record of achievements.
(2)Service content and fee standards.
(3)Organizational professionalism.
(4)Mechanisms to guarantee service quality.
(5)Employment management, training, and support planning for foreign care workers.
(6)Innovative practices.
The aforementioned evaluation committee will consist of 7 to 9 members, including:
(1)Representatives from relevant government agencies.
(2)Representatives from labor and employer groups.
(3)Experts or representatives from the social welfare or healthcare fields.
(4)Representatives from private employment service agency associations or unions.
The evaluation committee must adhere to the following recusal regulations:
(1)Members who meet any of the conditions detailed in Article 32 of the Administrative Procedure Act must recuse themselves.
(2)Members may not participate in the evaluation of applications from legal entities, groups or individuals with whom they have a personal interest.
The evaluation committee will convene a meeting to review written materials submitted by applicants and ask questions, score and rank the applicant (see Attachment 3). A total score of 70 or higher is required for an applicant to be considered qualified. The ministry will approve qualified applicants as trial units based on needs and notify them in writing. However, if a committee member fails to recuse him or herself when required, as detailed above, the ministry can revoke the evaluation result notification.
The evaluation process in the preceding paragraph will be governed by regulations issued separately by the ministry.
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11. After the ministry approves a trial unit in accordance with the aforementioned rules, the unit can commission a private employment service agency engaged in international labor brokerage business to handle recruitment, bringing in, employment management, life care services, accommodation arrangements, and other employment-related services for foreign care workers.
The appointed private employment service agency in the preceding paragraph must meet the following qualifications:
(1)Certification of evaluation showing that in the five-year period preceding the date of application results were consistently classified as grade A in accordance with regulations or provide proof of exemption from evaluation due to outstanding performance.
(2)Evidence that over the two years preceding the application date, the foreign care workers and home help the agency was commissioned to bring into Taiwan or hire by employers accounted for 50 percent or more of the total number of foreign workers brought in or hired by the agency that year.
(3)The agency must not have been found in violation of any related provisions of the Employment Service Act in the two years preceding the date of application.
If the trial unit terminates or dissolves the relationship with the aforementioned private employment service agency in the above paragraph, it can appoint another qualified agency to handle the duties specified in Paragraph 1, but must file an application with the ministry to approve the change within one month of the new appointment.

  3. Matters Handled by Trial Units

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12. Trial units handle the following tasks:
(1)Domestic recruitment and applications to employ foreign workers: In accordance with the Employment Service Act and the Regulations on the Permission and Administration of the Employment of Foreign Workers, the trial unit must first seek to recruit domestic workers and offer reasonable labor conditions. If domestic recruitment does not meet the needs, only then can the trial unit apply to the ministry to recruit and employ foreign care workers to meet the recruitment shortfall.
(2)Employer's responsibilities: Employers of care worker are responsible for all statutory employer obligations.
(3)The trial unit must define targets for total service hours and people served, work processes, reporting and handling of irregular situations, quality improvement mechanisms, work ethics and rules.
(4)Establish fee standards: The trial unit must announce fee standards and charging criteria based on the diverse companionship and care service plan approved by the ministry. If these standards are revised a request must be submitted to the ministry for approval.
(5)On receiving an application from a service applicant, the trial unit must assess the companionship and care needs of the service recipient and sign a service contract.
(6)Establish a training mechanism:
1. The trial unit must arrange for care workers to receive the following training:
(a)20 hours of pre-service training before starting work.
(b)A minimum of one on-the-job service training session every three months, with a requirement to complete 20 hours of on-the-job training annually, including work communication and care work skills.
2. The trial unit is required to arrange for supervisors to receive on-the-job training once every six months.
(7)Establishing an internal supervisory mechanism:
1. The trial unit is required to appoint a program manager responsible for overseeing the execution and management of care work services.
2. The trial unit is required to establish supervisory procedures and service record forms.
3. The trial unit must appoint supervisors to ensure appropriate companionship and care services are provided by care workers. One supervisor is required for every 60 service recipients. If there are fewer than 60 service recipients, a minimum of one supervisor must be appointed. The qualifications and job responsibilities of supervisors are detailed in Attachment 4.
(8)Coordinating with the ministry and professional organizations: The trial unit is required to cooperate with the ministry’s supervision and the guidance of professional organizations commissioned by the ministry, making improvements based on their recommendations.
(9)Producing and keeping records:
1. The trial unit must create forms to help care workers and supervisors produce work and case records. Case records should include such information as care recipient case acceptance, assessment, care work plan, service provision, supervision, case closure, medication status, and other related specific matters that need to be recorded.
2. The trial unit is required to create financial records and maintain detailed income and expenditure accounts based on accounting principles.
3. The records mentioned in the above two points should be regularly updated, retained for at least seven years, and comply with related provisions in the Personal Data Protection Act.
(10)The trial unit must use Ministry of Labor information systems to manage applications, case assignments, individual case services, external supervision, and other related tasks, while ensuring the security of all information pertaining to program services.
(11)The trial unit is required to submit service data for the previous month (including a list of service recipients, service provided case assignments, monthly statistical reports etc. )to the professional organization commissioned by the ministry by the 15th day of each month.
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13. The trial unit is required to submit the first trial results by the end of the month that falls six months after approval from the ministry; thereafter, reports for the previous year are to be submitted by January 31 each year.
At a minimum the aforementioned trial results report should include the following information:
(1)Statistics on service outcomes and service recipient satisfaction surveys.
(2)Service models and processes.
(3)Utilization and efficacy of care workers.
(4)A list of employed care workers.
(5)Supervisory visit records and meeting minutes.
(6)Financial income and expenditure statements.
(7)Education and training records.
(8)Self-assessment and improvement plans.
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14. The number of foreign care workers employed by the trial unit must not exceed the number approved by the ministry.
If the trial unit needs to increase the number of foreign care workers, it is required to submit a new request to the ministry.
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15. If the employment permit of foreign care workers originally hired by the trial unit extends beyond the trial period of the program, the unit may continue the program until the employment permits expire.
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16. When the ministry delegates management of the program to a professional group, the commissioned group should undertake the following tasks:
(1)Assist the ministry in accepting trial unit application-related information and provide preliminary opinions and evaluation process planning.
(2)Assist trial units after service commencement with applications to the ministry to increase the number of foreign care workers and provide preliminary opinions on applications from trial units to the ministry for trial subsidies.
(3)Assist trial units with the launch of services: Establish an expert advisory group to provide the trial unit with operational guidance, design foreign care worker training courses, assist with service launches and promotions.
(4)Guidance, recommendations and service quality follow-up:
1. Establish expert advisory groups to provide guidance on case management, care work training courses and professional consultation services based on information provided by the trial unit, and convene quarterly supervisory meetings for individual trial units.
2. Regularly or occasionally review the service and supervisory records of trial units, conduct field inspections of service provision, and other guidance and related matters.
3. Conduct satisfaction surveys with service recipients, with a response rate of 80% or higher.
4. Review service assignment schedules, monthly statistical reports, and other data submitted by trial units.
(5)Develop systems for program application processing, case assignment and case management.
(6)Analyze the effectiveness of program execution.
(7)Organize promotional and information sessions to publicize the program.
(8)Assist the ministry in verifying related documents and amounts when processing trial subsidy applications and performance bonus applications, as detailed in Item 17 and Item 18.
(9)Conduct program performance and impact assessments.
(10)Other tasks designated by the ministry.

  4. Trial Subsidies and Performance Bonuses

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17. Trial units approved by the ministry can apply for trial subsidies after accumulating a total of 1,000 service hours.
Trial subsidies cover items such as startup costs, administrative and personnel expenses. The subsidy standards are presented in greater detail in Attachment 5.
Trial units are required to submit a performance report, payment receipts, and the following documents to the ministry in January and July each year for cost reimbursement processing:
(1)Office rent: A photocopy of the lease agreement.
(2)Decoration costs: Relevant receipts.
(3)Equipment costs: A photocopy of the lease agreement or the ministry’s approval letter and receipts.
(4)Administrative expenses: Related receipts.
(5)Personnel costs: Wage list.
If the trial subsidies are of a similar nature to those provided by other agencies, the trial unit can only apply for one and must not apply for duplicate subsidies.
The trial unit is required to conduct procurement matters in accordance with the Government Procurement Act and other related regulations.
The reimbursement forms submitted by trial units for the reimbursement of subsidy expenses are required to detail expense purposes and total actual expenditure. After reviewing these the ministry will retain the receipts.
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18. Within one year from the date of approval, when the trial unit accumulates 2,000, 5,000, 8,000, or 10,000 service hours, it is required to submit a performance report (including the number of people, hours and areas served), payment receipts and a photocopy of remittance account details to the ministry, when applying for a performance bonus of NT$50,000 per milestone, with the maximum cumulative performance bonus application set at NT$200,000.
If the trial unit is providing services in an aforementioned location that falls within a remote area as defined by the “Principles for Identifying Remote Area Hospitals in the Hospital Global Budget Settlement Framework” under the Ministry of Health and Welfare's National Health Insurance Administration and if accumulated service hours account for 10% of the above noted hours, the performance bonus will be increased to 20%.

  5. Supplementary Provisions

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19. Care workers employed by the trial unit are subject to various labor laws, including the Labor Standards Act, Gender Equality in Employment Act, Labor Insurance Act, and the Labor Occupational Accident Insurance and Protection Act.
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20. The trial unit can apply to the ministry for early termination of the trial period before the approved trial period expires. However, termination is only allowed with the ministry's approval. In such cases, the trial unit must return the startup subsidy as specified in Item 17, Section 1, based on the length of the trial period compared with the original approved trial period.
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21. The ministry can revoke or annul the original approval of the trial unit’s status if any of the following conditions pertain:
(1)Violation of relevant labor laws determined by the ministry to be serious.
(2)Violation of the program’s related provisions, after failing to make necessary improvements when given a deadline to do so, reaching five instances within one year.
(3)When the ministry determines the trial unit poses a significant harm to the public interest.
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22. The trial unit will not be granted trial subsidies or performance bonuses if any of the following pertain; if a subsidy or bonus has already been paid, after being revoked or annulled a written administrative order will be issued for its return within a fixed period of time:
(1)Provision of false or inaccurate information.
(2)Repeated applications.
(3)When the ministry revokes or annuls the original status of the trial unit.
(4)Violations of the Labor Standards Act or Employment Service Act that result in the maximum statutory fine.
If the ministry revokes or annuls the original trial unit’s status, the unit will not be allowed to apply for trial subsidies or performance bonuses under the program.
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23. After reviewing the effectiveness of the trial policy, the ministry may adjust the qualifications for trial units, the trial period, trial methods, target service group, the work the trial unit is required to perform, trial subsidies, performance bonuses, and other elements in the program.
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24. The funds required for the program will be provided by the Ministry of Labor through the annual budget’s Employment Stability Fund.