History

The Regulations are stipulated in accordance with Paragraph 2 of Article 48 of
the Employment Service Act (hereinafter "The Act").

For the purposes of the Regulations:
1. The term "Class A Foreign Worker(s)" means those foreign person(s) who are
employed to engage in jobs as referred to in Subparagraphs 1 to 6 of Paragraph 1
of Article 46 of The Act;
2. The term "Class B Foreign Worker(s)" means those foreign person(s) who are
employed to engage in jobs as referred to in Subparagraphs 8 to 11 of Paragraph 1
of Article 46 of The Act;
3. The term "Class C Foreign Worker(s)" means those foreign person(s) who
engage(s) in jobs in accordance with Subparagraphs 1 or 2 of Article 50 of The
Act.
4. The term "Class D Foreign Worker(s)" means those foreign person(s) who
engage(s) in jobs as referred to in Subparagraphs 1 to 4 of Paragraph 1 of Article
51 of The Act.

The Central Competent Authorities, after evaluating the conditions of the supply
of and the demand for labor in terms of the circumstances of the domestic economic
development and the employment market, may announce the number and proportion
of, and the categories of occupations engaged in by the Class A Foreign Workers as
referred to in Article 2 to be domestically recruited by employers.

The entry visa held by a Foreign Worker shall be deemed as a work permit,
should such visa be granted on the basis of on an international written agreement
specifying the scope of work, the number of people and the period of stay albeit the
primary purpose of such agreement is not to enter the Republic of China to work.
The period of stay as referred to in Paragraph 1 of this Article shall not be longer
than one hundred and eighty (180) days, prior to the expiration of which period an
extension to the validity of visa may be applied for, but no such extended stay shall be
longer than one hundred and eighty (180) days.

The entry visa held by a Foreign Worker who engages in occupations as referred
to in Paragraph 3 of Article 51 of The Act shall be deemed as a work permit, should
the period of stay permitted by the visa be within fourteen (14) days.
The entry visa held by a Foreign Worker, who is appointed by a foreign legal or
natural person in public interest and under the necessity to solve the problems caused
by emergencies, to engage in occupations as referred to in Subparagraph 1 of
Paragraph 1 of Article 46 of The Act, shall likewise be deemed as a work permit
should the period of stay permitted by such visa be no longer than fourteen (14) days.

Unless otherwise provided for in The Act or in the Regulations, an employers
shall apply to the Central Competent Authorities for a permit to recruit Foreign
Worker(s) to engage in occupations in the territory of the Republic of China.
Prior to granting the permit as referred to in Paragraph 1 of this Article, the
Central Competent Authorities may consult the Central Competent Authorities
administering the occupations in question for reviewing opinions and comments
thereon.

In applying for the permit to employ the Class A Foreign Worker(s), an employer
shall submit the following documents:
1. Application form(s).
2. Photocopy of the national identity card of the person in charge of the Applicant
Company, the certificates of the company registration, business registration, and
that of the license for specially permitted businesses. The requirement of the
photocopy of the license for specially permitted businesses may be exempted if so
provided for in other laws or regulations.
3. Photocopy of employment contracts.
4. Name List of the employed Foreign Worker(s), and photocopy of their passport(s)
and diploma(s).
5. Original of the receipt for examination fee.
6. Other documents as may be required by the Central Competent Authorities.
A Civilian-Organization Employer, in addition to the documents as referred to in
Subparagraphs 1 and 3 to 6 of Paragraph 1 of this Article, shall also submit the
photocopy of the national identity card of the person in charge of such organization
and that of the certificate of such organization's registration.
Where a submitted document was made/issued in a foreign country, the Central
Competent Authorities may require the official verification thereof by the Republic of
China's embassy or consulate to that foreign country.

Should an employer find it necessary to continue the employment of the Class A
Foreign Worker(s), the employer shall, within sixty (60) days prior to the expiration of
the employment permit, apply for extension of the employment permit with the
documents as referred to in Subparagraph 1, Subparagraphs 3 to 6 of Paragraph 1 of
Article 7 to the Central Competent Authorities .

Should the period of stay of Foreign Worker(s) as referred to in Article 5 be
fifteen (15) days or more but not over ninety (90) days, the employer(s) may apply
pursuant to Article 7 for permit to employ such Foreign Worker(s) within fifteen (15)
days following such Foreign Worker(s)' entry into the Republic of China.

Whenever granting the permit or the extension thereof to employ the Class A
Foreign Worker(s), the Central Competent Authorities shall also notify the Ministry of
Foreign Affairs of such grant.

Should any of the following events occur, the Central Competent Authorities
shall not grant employment permit(s), nor the extension thereof, for employment of
Class A Foreign Worker(s):
1. False information found in the application filed by the Employer for a permit to
recruit Foreign Worker(s) or for the extension thereof;
2. The Foreign Worker to be recruited fails the health examination conducted in
accordance with regulations administering health examinations of employed
Foreign Workers stipulated by the Central Competent Health Authorities;
3. The application so filed is not made in conformity with the relevant requirements,
and the Employer fails to make necessary supplements and/or rectifications
thereof within the specified period;
4. Any violations of the standards as set forth in accordance with Paragraph 2 of
Article 46 of The Act.

In order to apply for a permit to employ Class B Foreign Worker(s), an Employer
shall provide reasonable employment terms and register for such employment
demands with local Public Employment Service Agencies, and, following the
registration, shall advertise such employment demands in a domestic newspaper for
three (3) days. Recruitment may be conducted within fourteen (14) days following
the day on which the said advertisement is ended; where an Employer registers to
employ in-house nurses, recruitment may be conducted within seven (7) days.
The advertisement for employment demands as referred to in Paragraph 1 of this
Article shall specify the type of work, the number of persons to be recruited, the
required specialty or qualifications, the name of the Employer, the wage/salary, the
working hours, the working location, the employment period, whether meals are
provided, and the name, address and telephone number of the Public Employment
Service Agency which processed the registration.
When conducting the recruitment as referred to in Paragraph 1 of this Article, the
Employer shall notify the labor union or labors of the business entity of such
recruitment, and shall announce the recruitment publicly in such a place as to make it
apparent and obvious to the labors in the business entity.

Class B Foreign Worker(s) as employed by the Employer shall possess the same
specialty or qualifications as required by the Employer in the process of domestic
recruitment conducted in accordance with Article 12; the specialty or qualifications as
allegedly possessed by the Employed Class B Foreign Worker(s) are subject to
re-examination.
When registering for employment demands, an Employer shall submit for
reference the items and criteria of the domestic recruitment selection regarding the
required specialty to the Public Employment Service Institutions processing the
registration. The said Public Employment Service Institutions may specify the date
to conduct the selection test and may also invite relevant experts and scholars
possessing the required specialty to witness the selection test.

Having examined and approved that an Employer has fully complied with
Articles 12 and 13 regarding the recruitment, the Public Employment Service
Institutions so processed the Employer's registration shall issue a certificate for
employment demands indicating the insufficiency of the required number of workers
after domestic recruitment.

Employers, when conducting domestic recruitment in accordance with the
relevant laws and regulations, shall not engage in any of the following acts toward
those recommended by Public Employment Service Institutions or the
self-recommended job applicants:
1. Making false statements regarding the difficulty of work, the danger involved in
work, and so forth.
2. Rejecting a job application on the ground of the job applicant's lack of the
required technique, while the registered category of employment demands is for
neither technicians nor physical laborers.
3. Rejecting to employ a domestic worker based on any other unjustified reasons.

In applying for a permit to recruit Class B Foreign Worker(s), an Applicant
Employer shall submit the following documents:
7. Application form(s).
8. Photocopy of the national identity card of the Applicant Employer or the person in
charge of the Applicant Company, the certificates of the company registration,
business registration, factory registration, and that of the license for specially
permitted businesses. The requirement of the photocopy of the certificates of
factory registration or that of the license for specially permitted businesses is
exempted if so provided for in other laws or regulations.
9. Certificate of the employment demands.
10. Name List of the employed domestic workers, where the domestic recruitment
was previously conducted.
11. Certificates issued by the Municipal City Government or by the Governments of
Counties/Cities with respect to the following matters, provided that the
requirement of such certificates, however, is exempted should household
assistants or in-house nurses be recruited.
1) That reserve of employees' pension has been transmitted to Workers'
Retirement Preparation Fund in accordance with the relevant laws and
regulations.
2) That payment has been made to the Repayment Fund for Arrear Wage Debts
in accordance with the relevant laws and regulations.
3) That Labor Insurance Premium Payments have been made in accordance with
the relevant laws and regulations.
4) That fines for violation(s) of Labor laws and regulations have been paid in
accordance with the relevant laws and regulations.
5) That no strikes or industrial dispute as defined in Article 10 of The Act in the
work place for Class B Foreign Worker(s) to work.
6) That there appears no concrete factual situations suggesting a probability of a
business shrinkage, discontinuance of business, shut-down of factory, or
suspension of business.
7) That within two (2) years prior to the date of application, the Applicant
Employer has never effected, because of the employment of Class B Foreign
Worker(s), any deterioration in domestic workers' working conditions.
12. Disciplinary Plan on the Employed Foreign Workers' life.
13. Original of the receipt for examination fee.
14. Other documents as may be required by the Central Competent Authorities.
A civilian-organization Applicant Employer, in addition to the documents as
referred to in Subparagraph 1 and Subparagraphs 3 to 8 of Paragraph 1 of this Article,
shall also submit the photocopy of the national identity card of the person in charge of
such organization and that of the certificate of such organization's registration.
The requirement of the document as referred to in Subparagraph 6 of Paragraph
1 of this Article is exempted where the Foreign Workers so employed are those as
referred to in Subparagraph 8 or 11 of Paragraph 1 of Article 46 of The Act.

In order to apply for replacement of Class B Foreign Worker(s) in accordance
with Article 58 of The Act, an Employer shall submit application form(s), name list of
Foreign Workers who have left the territory of Republic of China, certificates for such
departure, photocopy of agreement terminating the employment, and any other
document as may be required by the Central Competent Authorities.

Except where otherwise justified, Employers, in applying for employment of
Class B Foreign Worker(s), shall not revoke registration for employment demands
within six (6) months prior to the domestic recruitment.

An Employer shall not be entitled to apply for employment of Class B Foreign
Worker(s) should he/she have failed to administer the disciplinary plan on the
Employed Foreign Workers' life within the two (2)-year period prior to the date of the
application.

Where an Employer is permitted by the Central Competent Authorities to
re-conduct a recruitment of new Class B Foreign Worker(s), the Employer shall not
conduct such recruitment before the originally employed Class B Foreign Worker(s)
depart from the territory of the Republic of China.

The Central Competent Authorities may refuse to grant permit for employment
of Class B Foreign Worker(s) should, within the two (2)-year period prior to the date
of the application for such permit, the proportion of domestic workers that have been
laid off, dismissed, or terminated by the Applicant Employer have reached the extent
prescribed by Central Competent Authorities.

The Central Competent Authorities shall refuse to grant permit for employment
of Class B Foreign Worker(s) should the Applicant Employer, any individual to whom
the in-house nursing services are provided or any of his/her relatives living together
with him/her have ever committed any of the offences as referred to in Articles 221 to
229 of the Criminal Code against any Class B Foreign Worker that has been employed
by the Applicant Employer.

The Central Competent Authorities shall refuse to grant permit for employment
of Class B Foreign Worker(s) should the Applicant Employer have ever subjected any
Class B Foreign Worker(s) whom he/she employed to the employment by another
Employer within the one (1)-year period prior to the date of the application.

The Central Competent Authorities shall refuse to grant permit for employment
of Class B Foreign Worker(s) should the application be in violation of any of the
qualification(s)/standard(s) as promulgated in accordance with Paragraph 2 of Article
46 of The Act.

With respect to the application for permit to recruit Class B Foreign Worker(s),
the Central Competent Authorities may prescribe the duration of validity of all sorts
of document(s) so applied and the application procedures.
Should an application in accordance with Paragraph 1 of this Article for permit
to recruit Class B Foreign Worker(s) be granted, the Applicant Employer shall
complete all the necessary procedures to facilitate the entry into the Republic of China
of those Class B Foreign Worker(s) from the country as permitted by the Central
Competent Authorities within six (6) months following the date as specified by the
notification of permission. The failure to complete such procedures within the
specified time shall render the recruitment permit null and void.
Should the failure as referred to in Paragraph 2 of this Article be due to force
majeure or any other cause not attributable to the Applicant Employer, the Applicant
Employer may, with the approval of the Central Competent Authorities, proceed with
the recruitment within three (3) months following the termination of such cause.

No Employer may employ any Class B Foreign Worker that has already entered
the territory of the Republic of China, except with the ad hoc approval of the Central
Competent Authorities.

In order to apply for an entry visa in accordance with the applicable laws and
regulations, a Class B Foreign Worker shall submit the following documents:
1. Permit for recruitment.
2. Report, as issued by a hospital as approved or designated by the Central
Competent Health Authorities of the Republic of China, certifying the Applicant
Class B Foreign Worker's passage through a health examination conducted within
three (3) months prior to the date of application.
3. Profession certificate.
4. Documents certifying the Applicant Class B Foreign Worker's settled practice of
good-mannered behavior. However, the requirement of such documents is
exempted where the Applicant Class B Foreign Worker applies for re-entry within
thirty (30) days following his/her departure from the territory of the Republic of
China.
5. The Applicant Class B Foreign Worker's Affidavit regarding expenses incurred
for entry into the Republic of China to work and his/her wage/salary as verified by
the Competent Authorities of the Labor-Exporting Country.
6. Labor contract as properly executed.

Within fifteen (15) days following the entry into the Republic of China of the
Class B Foreign Worker(s) as recruited by an Employer, the Employer shall submit
the following documents to apply for employment permit(s) therefor:
1. Application form(s).
2. Recruitment permit(s).
3. Name list of the recruited Class B Foreign Worker(s).
4. Report, as issued by a domestic hospital as designated by the Central Competent
Health Authorities, certifying the recruited Class B Foreign Worker's passage
through a health examination.
5. Affidavit of the recruited Class B Foreign Worker's acknowledgment of
understanding of the relevant provisions of The Act.
6. Affidavit that the Applicant Employer has paid to the Private Employment Service
Agency for all the employment service charges or that the Applicant Employer
has never entrusted any Private Employment Service Agency to process the
application for Employment Permit(s).
7. Affidavit regarding expenses incurred for entry into the Republic of China to work
and his/her wage/salary as verified by the Competent Authorities of the
Labor-Exporting Country.
8. Original of the receipt for examination fee.
9. Other documents as may be required by the Central Competent Authorities.

Should an Employer find it necessary to continue the employment of Class B
Foreign Worker(s) within the period of sixty (60) days prior to the expiration of the
Employment Permit(s) or of the Extended Employment Permit(s) for a Major
Construction Project, the Employer shall apply, with the application form(s) for
extension for Employment Permit(s) or for an additional extension for the Extended
Employment Permit(s) for a Major Construction Project, together with any other
document(s) as may be required by the Central Competent Authorities, for such
extension or additional extension respectively thereof within the said period.

Foreign Student(s), as referred to in Subparagraph 1 of Article 50 of The Act,
shall conform to the qualifications as set forth in the Regulations on Foreign Students
Enrolled in Schools in the Republic of China.

Should a Foreign Student as referred to in Article 30 have been officially
enrolled in a school to take courses for two (2) semesters or more in a division,
department, or graduate institute thereof, or to take language course(s) for one (1)
year or more, and have had an outstanding performance in academic accomplishments,
and should the school in which he/she is enrolled have acknowledged the existence of
any of the following factual situations, the Foreign Student may engage in jobs
relevant to the course(s) he/she takes and language he/she studies:
1. It is proved by concrete evidence that the financial situation of the Foreign
Student is unable to continuously sustain his/her studies and living.
2. The teaching or researching unit of the school in which the Foreign Worker is
enrolled is in need of his/her assistance and participation in teaching and
researching work.
3. The Foreign Student has to engage in off-campus practical training related to the
course(s) he/she takes.
Not withstanding the limitations as set forth in Paragraph 1 of this Article, with
the ad hoc approval by the Ministry of Education, a Foreign Student with exceptional
specialty in a foreign language may, after his/her enrollment in the school, work on a
part-time basis as a teacher in that language in a subsidiary language center affiliated
with a University/College or with a foreign culture and education organization
stationed in the Republic of China.

Overseas Chinese Student(s) as referred to in Subparagraph 2 of Article 50 of
The Act shall conform to the student's status as set forth in the Regulations Relating
to Home-coming Overseas Chinese Students' Education of and Counsel.
Foreign Students of Chinese Origin other than Overseas Chinese Student(s) as
referred to in Subparagraph 2 of Article 50 of The Act shall conform to the student's
status as set forth in the Regulations on Education Relating to Hong Kong and Macau
Residents Coming to the Republic of China.

In order to apply for a work permit, a Class C Foreign Worker shall submit the
following documents:
1. Application form(s).
2. Photocopy of student's identity card.
3. Original of Letter of Authorization issued by the School or by the Subsidiary
Language Center affiliated with the School in which the Applicant Class C
Foreign Worker is enrolled.
4. Grades certificate(s) of the latest semester or school report of full-year language
course(s). The requirement of such documents is exempted where the Applicant
Class C Foreign Worker meets the requirements as set forth in Paragraph 2 of
Article 31.
5. Original of the receipt for examination fee.
6. Other documents as may be required by the Central Competent Authorities.
In addition to those documents as referred to in Paragraph 1 of this Article, the
Applicant Class C Foreign Worker shall also submit the relevant certifying
document(s) as referred to in Subparagraphs 1 to 3 of Paragraph 1 of Article 31 or the
certificate for his/her exceptional specialty in a foreign language as referred to in
Paragraph 2 of Article 31.

The validity of work permit(s) of Class C Foreign Worker(s) shall not be longer
than six (6) months.
Except for summer or winter vacations, Class C Foreign Worker(s) as permitted
to work in Paragraph 1 of this Article shall not work more than sixteen (16) hours per
week.

The Central Competent Authorities shall refuse to grant a Class C Foreign
Worker's application for work permit(s) should any of the following occur:
1. False information found in the application filed;.
2. The application is not made in conformity with the relevant requirements, and the
Applicant Class C Foreign Worker fails to make necessary supplements and/or
rectifications thereof within the specified period

In applying for permit(s) to employ the Class D Foreign Worker(s), an Employer
shall submit the following documents:
1. Application form(s).
2. Photocopy of the national identity card of the Applicant Employer or the person in
charge of the Applicant Company, the certificates of the company registration,
business registration, factory registration, and that of the license for specially
permitted businesses. The requirement of the photocopy of the certificates of
factory registration or that of the license for specially permitted businesses is
exempted if so provided for in other laws or regulations.
3. Photocopy of employment contract(s) or labor contract(s).
4. Photocopy of the passport(s) of the employed Class D Foreign Worker(s).
5. Photocopy of the employed Class D Foreign Worker(s)'s Residence Permit(s) for
Foreigners or his/her Permanent Residence Permit(s)..
6. Original of the receipt for examination fee.
7. Other documents as may be required by the Central Competent Authorities.
Where the Applicant Employer is an organized body of people, in addition to the
documents as referred to in Subparagraph 1 and Subparagraphs 3 to 7 of Paragraph 1
of this Article, the Applicant Employer shall also submit the photocopy of the national
identity card of the person in charge of such organization and that of the certificate of
such organization's registration.

Should an Employer find it necessary to continue the employment of Class D
Foreign Worker(s) within the period of sixty (60) days prior to the expiration of the
Employment Permit(s), the Employer shall apply, with the documents as referred to in
Subparagraph 1, Subparagraphs 3 to 7 of Paragraph 1 of Article 36, to the Central
Competent Authorities for extension of the Employment Permit(s) within the said
period.

In order to make applications to the Central Competent Authorities directly in
accordance with Paragraph 2 of Article 51 of The Act, a Class D Foreign Worker shall
submit the documents as referred to in Subparagraph 1, Subparagraphs 4 to 7 of
Article 36.

The Central Competent Authorities shall not grant employment permit(s) or the
extension thereof for employment of Class D Foreign Worker(s) as applied by the
Employer or directly by the Class D Foreign Worker(s), should any of the following
events occur:
1. False information found in the application filed by the Employer for a permit to
employ Foreign Worker(s) or for the extension thereof;
2. The application is not made in conformity with the relevant requirements, and the
Applicant Employer or Applicant Class D Foreign Worker(s) fail(s) to make
necessary supplements and/or rectifications thereof within the specified period

Should the number of employed Foreign Workers as referred to in Subparagraph
10 of Paragraph 1 of Article 46 of The Act reach a certain amount, the Employer shall
set up a disciplinarian or entrust a Private Employment Service Agency to set up one
in accordance with the following Paragraphs:
1. Where the number of employed Foreign Workers is ten (10) or more but below
fifty (50), there shall be at least one (1) disciplinarian.
2. Where the number of employed Foreign Workers is fifty (50) or more but below
one hundred (100), there shall be at least two (2) disciplinarians.
3. Where the number of employed Foreign Workers is one hundred (100) or more,
there shall be an additional disciplinarian per every additional one hundred (100)
employed Foreign Workers.

Should the number of employed Foreign Workers as referred to in Article 40
reach a certain amount, the Employer shall set up personnel with bilingual ability
among the employed Foreign Workers in accordance with the following Paragraphs:
4. Where the number of employed Foreign Workers is thirty (30) or more but below
one hundred (100), there shall be at least one such personnel with bilingual ability.
5. Where the number of employed Foreign Workers is one hundred (100) or more
but below two hundred (200), there shall be at least two such personnel with
bilingual ability.
6. Where the number of employed Foreign Workers is two hundred (200) or more,
there shall be an additional such personnel with bilingual ability per every
additional one hundred (100) employed Foreign Workers

Every written labor contract for a fixed term entered into and executed by and
between an Employer and a Foreign Worker in accordance with Paragraph 3 of
Article 46 of The Act shall be made in Chinese and shall also be translated, as a
duplicate, into the native language of the Foreign Worker's national country.

When paying the wage/salary to Class B Foreign Worker(s) in accordance with
the labor contract(s), the Employer shall issue to the Class B Foreign Worker(s) the
table of wage/salary indicating both in Chinese and in the native language of the Class
B Foreign Worker(s)'s national country the wage/salary actually received, the items
accountable for the wage/salary, the total amount of the wage/salary, and the items of
reduction and the corresponding amount thereto.

When engaging in jobs as referred to in Subparagraphs 8 to 10 of Paragraph 1 of
Article 46 of The Act, no Foreign Worker is allowed to bring alone his/her family to
stay, unless the Employed female Foreign Worker or the spouse of the Employed male
Foreign Worker gives birth to offspring in the Republic of China during the term of
employment and is able to maintain their life.

Where an Employed Foreign Worker acts in the manner as referred to in Article
56 of The Act, in additional of notifying the local authorities and police authorities of
such situation in accordance with the said Article, his/her Employer shall also notify
the Central Competent Authorities of the same.
The notification as referred to in Paragraph 1 of this Article shall contain the
name of the Employed Foreign Worker, his/her sex, age, nationality, date of entry into
the Republic of China, term of employment, the document number of his/her
recruitment or employment permit, and the photocopy of his/her Residence Permit(s)
for Foreigner.
Where the said employed person has not departed from the territory of the
Republic of China, the police authorities shall make a collective report to the National
Police Administration, Ministry of the Interior, Republic of China and fortify the
search for such missing Employed Foreign Worker.

An Employer shall, prior to the expiration of the validity of the employment
permit(s) of any Employed Foreign Worker(s), go through the necessary formalities
on behalf of the Employed Foreign Worker(s) with a view to facilitating the
Employed Foreign Worker(s)'s departure from the territory of the Republic of China.
Should the Employed Foreign Worker(s) be ordered to depart from the territory
of the Republic of China due to any of the following reasons, the Employer shall,
within the specified period, go through the necessary formalities on behalf of the
Employed Foreign Worker(s) with a view to facilitating his/her departure. In any
case, however, the period, if any, specified by the Entry/Exit Authorities in
accordance with the applicable laws and regulations, shall be strictly observed.
1. Employment permit(s) has/have been terminated.
2. The result of the health examination(s) has indicated that the Employed Foreign
Worker(s) has/have failed some items in the health examination.
3. The Employer has not applied for employment permit(s) in accordance with the
applicable laws and regulations or such application has already been rejected.
Within thirty (30) days following the departure of the Employed Foreign Worker
as referred to in Paragraphs 1 and 2 of this Article, the Employer shall submit the
name list of the Foreign Worker(s) who has/have departed and the documents
certifying such departure to notify the Central Competent Authorities to that effect.

The format of all forms and documents as referred to in the Regulations shall be
promulgated by the Central Competent Authorities.

The Regulations take effect on January 15, 2004.