History

These Measures are drawn up in accordance with Article 45 of the Employment
Service Act (hereinafter referred to as the Act).

The employment permission and supervision of employer who recruits foreign
persons for work as prescribed in Sub-Paragraph(s) 7 through 9 of Paragraph 1,
Article 43 of the Act, shall be regulated by these Measures, except in areas
already regulated by other relevant laws and regulations.

In adherence to Sub-Paragraph 7, Paragraph 1 to Article 43 of the Act, the
central competent authorities, in sanctioning applications for the
employment of domestic workers, must weigh domestic labor market conditions,
household needs, actual the number of domestic workers needed, nationality and
qualification standards. The above information shall be announced publicly.

Employers seeking to recruit foreign persons for employment must apply
directly to the central competent authority.

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.

All foreign person(s) filing for entry into the Republic of China, in
compliance to required regulations, must present the following documents:
1. The recruitment permit issued by the central competent authority.
2. Physical examination certificate issued by hospitals of the foreign country
approved by the national central health competent authority of the Republic of
China.
3. Certificate of specialization and expertise.
4. Non-Criminal Record or Guaranteed documents.
5. An affidavit of the foreign worker’s expected wages and incurred
expenses that is notarized by the competent authorities from the foreign
worker’s home country and is also verified by foreign labor intermediary
companies.
6. A signed labor contract.

Prior to entry into the Republic of China, all foreign person(s) shall
submit medical examination certification and after gaining entry, they shall
undergo an additional medical examination. The test shall include the
following items:
1. Large plate x-ray examination of the lungs.
2. HIV antibody test.
3. Proges-Salmon test.
4. Hepatitis B surface antigen test (waived if the individual will be
receiving the periodic six month physical examination after entry into the
Republic of China).
5. Malaria plate test (waived if the individual will be receiving the periodic
six month physical examination after entry into the Republic of China).
6. Fecal examination for intestinal parasites (including dysentery amoeba,
etc.)
7. Drug urine test for the presence of amphetamines, or opium based
substances.
8. Pregnancy test (waived if the individual will be receiving the periodic six
month physical examination after entry into the Republic of China).
9. Basic physical and psychological evaluation, with testing for leprosy.
Based on the occupational nature of foreign workers and the quarantine
condition of the labor-exporting countries, the central health competent may
add, delete or alter any of the health examination items listed in Paragraph 1
by announcement.
Sub-Paragraph 8 of Paragraph 1 as prescribed in this Article shall take effect
on November 9th, 2002.
No entry visa shall be granted to any foreign person who does not sufficiently
meet any one of the items of the above medical tests.

The employer shall make the necessary arrangements for foreign persons to
report to hospitals designated by the central health competent authority for
medical examinations within 3 days of entry into the Republic of China.
Within 15 days after entry into the country, if applying for the foreign
person’ recruitment permits, the following documents must be presented to the
central competent authority:
1. The completed application form.
2. The recruitment permits issued by the central competent authority.
3. The roster list of recruited foreign persons.
4. The results of the medical examinations from hospitals designated by the
central health competent authority.
5. Affidavit signed by the foreign worker, to confirm that he or she fully
comprehends the regulations pertinent to this Measure.
6. Affidavit of payments for employment related services rendered by the
private employment institutions.
7. An affidavit of the foreign worker’s expected wages and incurred
expenses that is notarized by the competent authorities from the foreign
worker’s home country and is also verified by foreign labor intermediary
companies.
Foreign persons whose health examination results do not satisfy the
requirements must depart from the R.O.C. within 14 days upon receipt of
results by the employer.
The previous Paragraph shall not apply to foreign persons who had already
entered the Republic of China, regularly underwent physical examinations in
accordance with the labor health protection statutes, but are diagnosed with
having work-related medical ailments.

The employer shall arrange for the departure of foreign workers before the
expiration of their recruitment permits.
If a foreign person is diagnosed to have an illness classified as an
infectious disease by the central competent authority, the employer must
arrange for his or her departure within seven days after receiving the results
of the medical diagnosis.
In the event that the following shall occur, an employer has 14 days to
arrange for the departure of the affected foreign workers from the Republic of
China:
1. The recruitment permit have either been withdrawn or have expired.
2. With the exception of persons infected with an illness that is classified
by the central competent authority as an infectious disease, those persons who
failed to meet the health requirements or if their medical exams were not
conducted with the time frame specified by these Measures.
3. Applications for the recruitment permits were not prepared in the manner
consistent with the Act, or have been rejected.
If the recruited foreign persons failed to pass the initial medical exams, but
later recovered after having received treatment in their native country and
passes subsequent medical examinations, the persons may re-enter the
Republic of China and resume work.
In the event that a foreign person is unable to satisfy the requirements
prescribed in Sub-Paragraph 6 of Paragraph 1 to Article 15, which constitute
the medical examinations specified in Article 16 and Paragraph 1 to Article 22
but not as an infectious disease as classified by the central competent
authority, should the foreign person pass a re-examination within 30 days, the
requirements prescribed in Paragraph 3 to this Article and Paragraph 2 to
Article 16 shall not be applied.
Within 30 days after a foreign person departs pursuant to Paragraph 1
through Paragraph 3 to this Article, the employer shall inform the central
competent authority and submit the roster lists and documents certifying the
departure of the said foreign person.

The employer may apply with a foreign person’s certification of departure
to the central competent authority for reimbursement of the guaranteed deposit
or relieve the bank that guaranteed the deposit, upon the departure of the
foreign person(s). The central competent authority shall, after clearing
any fees prescribed in Paragraph 2 to Article 10 of these Measures, refund the
guaranteed deposit or notify the bank to relieve the guarantee responsibility.

In the event that an employer has applied for employing foreign persons but
the employer or the employed foreign person has been involved the situations
prescribed in Paragraph 1 to Article 9, Article 24 of these Measures, or
Article 54 of the Act, the central competent authority shall deny the
application for an employment permit or the extension of the permit; if the
person has been involved in situations prescribed in Paragraph 2 to Article
8 of the Measures, the central competent authority may deny their
application for employment permit or the extension of the permit.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Unless there are other regulations within these measures, the recruitment
and supervision of foreign persons hired according to all Sub-Paragraphs of
Paragraph 1 to Article 48 of the Act shall be applied with Article(s) 1; 2; 4;
Sub-Paragraph 1 and 2 of Paragraph 1 and Paragraph 2 to Article 7; Sub-
Paragraph 1, 6, 7 through 14 to Article 8; Paragraph 3 to Article 12;
Paragraph 1 and 3 to Article 13; Article 16, Article 19, Article 25, Article
31 and Article 32.

An employer who recruits foreign persons for work within the maritime
boundaries of the Republic of China shall apply for employment permits
pursuant to these Measures.

The tables and documents stipulated in these Measures are to be prescribed
otherwise by the central competent authority.

These Measures shall, unless given separate implementation date, be in
effect on the date of promulgation.