History

The Regulations are prescribed 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 “type 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 “type 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 “type 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 “type 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 Authority, after evaluating the conditions of the supply and demand of labors 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 type 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 an international written agreement specifying the foreign work permit, the number of people and the period of residence (stay) although the primary purpose of such agreement is not to enter the Republic of China to work.
The period deemed as work permit referred to in Paragraph 1 of this article shall not be longer than one year.

The entry visa held by a foreign worker who engages in occupations as referred below shall be deemed as a work permit, should the period of stay permitted by the visa be within thirty days:
1. To engage in the work mentioned in the Paragraph 3 of Article 51 of the Act.
2. To help assist in the solution of emergency cases and relating problems for the purpose of public welfare to engage in the works regulated in the Subparagraph 1 of Paragraph 1, Article 46 of the Act.
3. To be recognized as the well-known experts by the agencies of main responsibilities to engage in the speech or commercial technical advisory work regulated in the Subparagraph 1, Paragraph 1 of Article 46 of the Act.

Unless otherwise provided for in the Act or in the Regulations, an employer shall apply to the Central Competent Authority for a permit to recruit foreign worker(s) to engage in occupations in the Republic of China.
Prior to granting the permit as referred to in Paragraph 1 of this article, the Central Competent Authority may consult the Central Competent Authority administering the occupations in question for reviewing opinions and comments thereon.

In applying for the permit to employ the type A foreign worker(s), an employer shall submit the following documents:
1. Application form(s).
2. Photocopy of applicant or the person-in-charge-of-corps’ personal identification document, evidence document of corp. registration or commercial registration, Factory Registration Certificate, and Franchised Business Permit Certificate. But those with exemption from Factory Registration Certificate or Franchised Business Permit Certificate are not restricted.
3. Original copy of Consecutive Employment Certificate.
4. Name list of the employed foreign worker(s), and photocopy of their passport(s) and diploma(s). But foreign worker(s) who is employed to engage in jobs as referred to in Subparagraphs 2, 5 and 6 of Paragraph 1 of Article 46 of the Act is exempted of photocopy of diploma(s).
5. Original of the receipt for examination fee.
6. Other documents as may be required by the Central Competent Authority.
In applying to employ foreign worker(s) to engage in jobs as referred to in Paragraph 3 of Article 51 of the Act, in addition to the required documents specified in the Subparagraphs 1, 5 and 6 of the preceding paragraph, shall submit the following documents:
1. Photocopy of the contracts related to construction, sale or technology cooperation.
2. Business registration documents of domestic and foreign legal persons under the contracts.
3. Evidence document(s) of the contract(s) undertaking appointment issued by foreign legal persons.
4. Photocopy of the certificates of the company registration or business registration of the applicant company, and photocopy of the national identity card or passport of the person in charge of the applicant company.
5. Name list of the foreign worker(s) undertaking the contracts, and photocopy of their passport(s) and diploma(s). But foreign worker(s) whose total duration of previous work permit in the one year prior to the date of application and the one for the current application is not over 90 days is exempted of photocopy of diploma(s).
Where a submitted document in the preceding two paragraphs was made/issued in a foreign country, the Central Competent Authority may require the official verification thereof by the Republic of China’s embassy or consulate to that foreign country.
Where the applicant employer is a civil organization, in addition to the required documents specified in Subparagraphs 1, 3 and 6 of Paragraph 1, personal identification document of the person in charge of the organization and photocopy of the registration certificate of the organization shall be submitted as well.

Should an employer find it necessary to continue the employment of the type A foreign worker(s), the employer shall, within four months 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 Authority. But those whose duration of employment permit is less than six months may only apply their extension after two-third of the duration of employment permit.

Should the period of stay of foreign worker(s) as referred to in Article 5 be thirty-one days or more but not over ninety days, the employer(s) may apply pursuant to Article 7 for permit to employ such foreign worker(s) within thirty days following such foreign worker(s)’ entry into the Republic of China.

Whenever granting the permit or the extension thereof to employ the type A foreign worker(s), the Central Competent Authority shall also notify the Ministry of Foreign Affairs of such grant.

Should any of the following events occur, the Central Competent Authority shall not grant all or part of employment permit(s), nor the extension thereof, for employment of type A foreign worker(s):
1. To provide false or expired information.
2. The foreign worker to be recruited fails the health examination conducted in accordance with regulations administering health examinations of employed foreign workers prescribed by the Central Competent Health Authority.
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 violation of the standards as set forth in accordance with Paragraph 2 of Article 46 of the Act.

Employers of the type A foreign worker(s) shall provide written notice to the Central Competent Authority within three days if the foreign worker(s) had the event of leaving without making payment according to the law.

The application and administration after entry of foreign worker(s) who enter the Republic of China to work in accordance with Paragraph 3 of Article 51 shall apply, except specified otherwise in the Act, to the specifications of the type A foreign worker(s) referred to Subparagraph 1 of Article 2.

In order to apply for a permit to employ type B foreign worker(s), an employer shall offer reasonable employment terms and register for such employment demands with local Public Employment Services Institutions, and following the registration, shall advertise such employment demands in one of the domestic newspapers assigned by the Central Competent Authority for three days, and, recruitment of domestic workers shall be conducted at least twenty-one days following the day on which the said advertisement is ended. But applying to employ in-house nurses, an employer shall follow the specifications set forth in article 12-1.
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 Services Institutions 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.

An employer who intends to employ in-house nurses shall apply for professional evaluation to the medical teams of medical institutions announced by the Central Competent Authority, and after the evaluation that a care-taken person needs twenty-four hours caring, domestic cares have been recommended by the Long-Term Care Administration Center of the Municipal City Government and the County/City Government, yet referral unsuccessful is unable to satisfy the caring demand for legitimate causes, may apply for employing foreign in-house nurses to the Central Competent Authority.
Care-taken persons who possess specific severe degree of disability card (pamphlet) may skip the evaluation procedure in paragraph 1 of this article and apply directly to the Long-Term Care Administration Center of the Municipal City Government and the County/City Government for domestic care referral.

Type 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 Central Competent Authorities may re-examine the specialty or qualifications as allegedly possessed by the employed type B foreign worker(s) when deemed necessary. Those disqualified in re-examination shall not be granted permit.
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 Services Institution in charge of the registration. The said Public Employment Services Institution 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.

An employer who has recruited domestic workers in accordance with Paragraph 1 of Article 12 could not recruit sufficiently, may, within thirty days following the day on which twenty-one days of recruitment is ended, submit recruitment advertisement materials, name list of employed domestic workers and documents set forth by the Central Competent Authority, to the Public Employment Services Institution in charge of the registration for the certificate of employment demands.
Having examined and approved that an employer has fully complied with Articles 12 and 13 regarding the recruitment, the said Public Employment Services Institution 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 Services Institution 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 for any other unjustified reasons.

In applying to recruit type B foreign worker(s), the applicant employer shall submit the application via Internet that is publicized by the Central Competent Authority.

In applying for a permit to recruit type B foreign worker(s), an applicant employer shall submit the following documents:
1. Application form(s).
2. Photocopy of applicant or the person-in-charge-of-corps’ personal identification document, 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. Certificate of the employment demands. But applicants of employing domestic caretakers are exempted of this.
4. Name list of the employed domestic workers, where the domestic recruitment was previously conducted. But applicants of employing domestic caretakers are exempted of this.
5. Certificates issued by the Municipal City Government or the Counties/Cities Governments with respect to the following matters. But applicants of employing domestic helpers and domestic caretakers are exempted of such certificates:
(1) That reserve of employees’ pension has been transmitted to Workers’ Retirement Preparation Fund and the Workers’ Retirement Pension has been appropriated 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 the Labor-Management Meetings have been held in accordance with the relevant laws and regulations.
(6) That no strikes or industrial dispute as defined in Article 10 of The Act in the work place for type B foreign worker(s) to work.
(7) That there appears no concrete factual situations suggesting a probability of shrinkage of business, discontinuance of business, winding-up of factory, or suspension of business.
(8) That the applicant employer has never effected, because of the employment of type B foreign worker(s), any deterioration in domestic workers’ working conditions.
6. Original of the receipt for examination fee.
7. Other documents as may be required by the Central Competent Authority.
The situations specified in Items 6 to 8 of Subparagraph 5 of the preceding paragraph are limited to the occurrence within two years prior to the date of filing application.
A civilian-organization applicant employer, in addition to the documents as referred to in Subparagraph 1 and Subparagraphs 3 to 7 of Paragraph 1 of this article, shall also submit the photocopy of the personal identification document of the person in charge of such organization and that of the identity certificate of such organization’s registration.

(Deleted)

In order to apply for replacement in accordance with Article 58 of The Act, an Employer shall submit the following documents:
1. Application form(s).
2. Name list of foreign workers who have left the territory of the Republic of China.
3. Certificate documents of such departured Foreign Workers.
4. An agreement document terminating the employment of type B Foreign Worker(s) issued by the Municipal City Government or the Counties/Cities Governments. However, if the Employer terminates the employment with the worker(s) not because of the regulation in Article 45, they are exempted from providing the documents.
5. Other documents as may be required by the Central Competent Authorities.
In applying for replacement due to the death of foreign worker(s) in the preceding paragraph, an Employer shall submit the following documents:
1. Application form(s).
2. Death Certificate of the said foreign workers.
3. Other documents as may be required by the Central Competent Authority.
In applying for replacement based on Paragraph 2 of Article 58 of the Act due to the missing in-house nurses, an Employer shall submit the following documents:
1. Application form(s).
2. Photocopy of agreement document terminating the employment due to consecutive absence from work and lost of contact for three days.
3. Other documents as may be required by the Central Competent Authority.

In order to apply for replacement of the type B foreign worker(s) in accordance with Paragraph 1, Article 58 of The Act, an employer shall file an application within six months after the worker is departured or deceased.
An employer shall apply for a replacement of in-house nurse according to Paragraph 2, Article 58 of the Act within the following limit of time:
1. To file an application according to Subparagraph 1, Paragraph 2 of Article 58 of the Act, the application should be sent within six months of the missing of the worker.
2. To file an application according to Subparagraph 2, Paragraph 2 of Article 58 of the Act, the application should be sent within six months after six months of the missing of the worker.
Before the revised Regulation becomes effective on December 26, 2008, an employer who has been qualified to apply for replacement of type B foreign worker(s) according to Article 58, should apply for replacement within six months after the revised Regulation is effective with the Central Competent Authority.
If the employer has delayed the application, the Central Competent Authority should not grant such applications.

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

In applying for employment of type B foreign worker(s) according to Subparagraph 9 or 10, Paragraph 1 of Article 46 of the Act, an employer shall execute genuinely the Disciplinary Plan on the employed foreign workers’ life.
The local competent authority may notify in writing the employers in violation of the provision of the previous paragraph to improve within specified period.

The Disciplinary Plan on the employed foreign workers’ life in the Paragraph 1 of the preceding article should include the following items:
1. Safety and health conditions of worker's diet and housing.
2. Protection of physical safety.
3. Entertaining facilities and religious information.
4. Life advisory services.
5. Location of housing and disciplinarian(s).
If the employer employs in-house servants or in-house nurses, it is exempted from the items in Subparagraphs 3 and 4 in the preceding paragraph.
For any alterations in Subparagraph 5 of Paragraph 1, the employer should notify in writing the local competent authority where the worker(s) works or lives within seven days of the alteration.

Where an employer is permitted by the Central Competent Authority to re-conduct a recruitment of type B foreign worker(s), the employer shall not conduct such recruitment or consecutively employ type B foreign worker(s) before the originally employed type B foreign worker(s) depart from the territory of the Republic of China.

The Central Competent Authority may refuse to grant permit for employment of type B foreign worker(s) if, within the two-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 to the extent prescribed by Central Competent Authority.

In any of the following events, the Central Competent Authority shall refuse to grant permit for employment of type B foreign worker(s):
1. The employer, the person being taken care of, or other relatives living together, has committed one of the behaviors ruled in Articles 221 to 229 of the Criminal Act upon the type B foreign worker(s) used to be hired.
2. The representative of the employer, the person in charge, or the person who takes care of labor affairs on behalf of the employer, has committed one of the behaviors ruled in Article 221 to 229 of the Criminal Act upon the type B foreign worker(s) used to be hired.

(Deleted)

The Central Competent Authority shall refuse to grant permit for employment of type B foreign worker(s) if the application is in violation of any of the standard(s)/qualification(s) as promulgated in accordance with Paragraph 2 of Article 46 or Paragraph 2 of Article 59 of the Act.

With respect to the application for permit to recruit type B foreign worker(s), the Central Competent Authority may prescribe the duration of validity of all sorts of document(s) so applied and the application procedures.
Should an application filed in accordance with Paragraph 1 of this article for permit to recruit type 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 type B foreign worker(s) from the country as permitted by the Central Competent Authority within six 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 apply, within thirty days before and after the expiration date of employment permit, for extension with the Central Competent Authority; however, the extension is restricted to only once.
Once the approval of the Central Competent Authority is granted, the applicant employer should introduce the worker into the land within three months of the date specified in the approval notice.

No employer may employ any type B foreign worker who has already entered the territory of the Republic of China, except with the ad hoc approval of the Central Competent Authority.

When applying for an entry visa in accordance with the applicable laws and regulations, a type B foreign worker shall submit the following documents:
1. Permit for recruitment.
2. Report issued by a hospital as approved or designated by the Central Competent Health Authority of the Republic of China, certifying the applicant type B foreign worker’s passage through a health examination conducted within three months prior to the date of filing application.
3. Professional certificate.
4. Documents certifying the applicant type B foreign worker’s settled practice of good-mannered behavior. However, the requirement of such documents is exempted where the applicant type B foreign worker applies for re-entry within thirty days following his/her departure from the territory of the Republic of China.
5. The applicant type 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 Authority of the Labor-Exporting Country.
6. Labor contract properly executed.
7. Affidavit of the recruited type B foreign worker’s acknowledgment of understanding the relevant provisions of The Act.
The originally employed type B foreign worker(s) can be exempted from submitting the documents required as referred to Subparagraphs 3 to 5 and 7 in the preceding paragraph if their employers managed there-conduct of recruitment by themselves, were not consigned to private employment services institution(s) and transferred application documents through the Central Competent Authority.

Employers who have applied to employ foreign worker(s) as referred to in the Subparagraphs 8 to 10 of Paragraph 1 of Article 46 of the Act shall, within three days after the foreign workers’ entry, submit the following documents and notify the local competent authority to conduct inspection:
1. Notification of the foreign worker(s)' entry.
2. Disciplinary Plan on the employed foreign workers’ life. But the said employers employing foreign worker(s) to conduct sea-fishing works can be exempted.
3. Name list of the said foreign workers.
4. The said foreign workers’ affidavit regarding expenses incurred for entry into the Republic of China to work and his/her wage/salary as verified by the Competent Authority of the Labor-Exporting Country. But those who meet the provisions as referred to in Paragraph 2 of Article 27 can be exempted.
The local competent authority shall issue a notification certificate of entry acceptance if the documents in the previous subparagraph meet the requirements and should conduct relating checkups regulated in Article 19. If the worker(s) has qualified the checkup six months before the issuing of the certification, he is exempted from the checkup mentioned.
Should the Employer have informed the local competent authority of the entry of the employed foreign worker(s) before the Regulation becomes effective on December 26, 2008 and the worker(s) have not been issued the certificate mentioned in the previous subparagraph, the worker has to do as the checkups in the preceding two paragraphs.

When the local competent authority conducts the wage/salary audits of under Subparagraphs 8 to 10, Paragraph 1 of Article 46 of the Act it should base on the contents of the affidavit regulated in the Subparagraph 4, Paragraph 1 in the previous Article.
The contents of the affidavit in the Subparagraph 4, Paragraph 1 in the preceding article should not be altered on account of unfavorable interests.

Within fifteen days following the entry into the Republic of China of the type B foreign worker(s) as recruited by an employer, the employer shall submit the following documents to apply for employment permit(s) therefore:
1. Application form(s).
2. Recruitment permit(s).
3. Name list of the recruited type B foreign worker(s).
4. Health Examination Report issued by a domestic hospital as designated by the Central Competent Health Authority.
5. Original of the receipt for examination fee.
6. Certificate evidence of notification acceptance issued by the local competent authority according to Article 27-1.
7. Other documents as may be required by the Central Competent Authority.

Should an Employer find it necessary to continue the employment of type B foreign worker(s) within the period of sixty 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 Authority, 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 1 semesters or more in a division, department, or graduate institute thereof, or to take language course(s) for one 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 said foreign student may engage in jobs relevant to the course(s) he/she takes and language he/she learns:
1. It is proved by concrete evidence that the financial situation of the said foreign student is unable to continuously sustain his/her studies and living.
2. The teaching or researching unit of the school in which the said foreign worker is enrolled is in need of his/her assistance and participation in teaching or researching work.
3. The said foreign student has to engage in off-campus practical training related to the course(s) he/she takes.
Foreign students who meet one of the following qualifications are not restricted by the provisions as referred to in the preceding paragraph:
1. Foreign students with exceptional specialty in a foreign language, with the ad hoc approval by the Ministry of Education, after his/her enrollment in the school, to 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.
2. Foreign students enroll in a graduate institute and have been approved by the school in which the said foreign workers enroll to conduct relevant researching work.

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 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 type 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 type 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 type C foreign worker meets the requirements as set forth in Paragraph 2 of Article 31.
5. Original of the receipt of examination fee.
6. Other documents as may be required by the Central Competent Authority.
In addition to those documents as referred to in Paragraph 1 of this article, the applicant type 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 type C foreign worker(s) shall not be longer than six months.
Except for summer or winter vacations, type C foreign worker(s) as permitted to work in Paragraph 1 of this article shall not work more than sixteen hours per week.

The Central Competent Authority shall refuse to grant a type 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 type C foreign worker fails to make necessary supplements and/or rectifications thereof within the specified period.

In applying for permit(s) to employ the type D foreign worker(s), an employer shall submit the following documents:
1. Application form(s).
2. Photocopy of applicant or the person-in-charge-of-corps’ personal identification document, 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 type D foreign worker(s).
5. Photocopy of the employed type 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 Authority.
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 personal identification document 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 type D foreign worker(s) within the period of sixty 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, with the Central Competent Authority for extension of the Employment Permit(s) within the said period.

In order to file application for the grant of employment permit with the Central Competent Authority directly in accordance with Paragraph 2 of Article 51 of The Act, a type D foreign worker shall submit the documents as referred to in Subparagraph 1, Subparagraphs 4 to 7 of Article 36.

The Central Competent Authority shall not grant employment permit(s) or the extension thereof for employment of type D foreign worker(s) as filed by the employer or directly by the type D foreign worker(s), should any of the following events occur:
1. False information found in the application filed by the Employer fora permit to employ foreign worker(s) or for the extension thereof;
2. The filing application is not made in conformity with the relevant requirements, and the applicant employer or applicant type 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 ten or more, the employer shall set up disciplinarian(s) in accordance with the following provisions:
1. Where the number of employed foreign workers is ten or more but below fifty , there shall be at least one disciplinarian.
2. Where the number of employed foreign workers is fifty or more but below one hundred , there shall be at least two disciplinarians.
3. Where the number of employed foreign workers is one hundred or more, there shall be one additional disciplinarian per every additional one hundred employed foreign workers.
The disciplinarian(s) of the preceding paragraph shall possess one of the following qualifications:
1. Obtaining the Certificate of Employment Service Professional Personnel;
2. Having conducted foreign workers’ disciplinary with more than two years of experience;
3. Graduate(s) of university or college and having more than one year of work experience.
The local competent authority may notify the employers who have violated the provisions of Paragraph 1 and 2 of this article to improve within the specified period.

Private Employment Services institution having accepted the employer’s consignment of Article 40 to conduct foreign workers’ disciplinary shall set up disciplinarian(s) in accordance with the following provisions:
1. Where the number of foreign workers is ten or more but below fifty, there shall be at least one disciplinarian.
2. Where the number of foreign workers is fifty or more but below one hundred, there shall be at least two disciplinarians.
3. Where the number of foreign workers is one hundred or more, there shall be an additional disciplinarian per every additional one hundred Foreign Workers.
The disciplinarian(s)’ qualifications of the preceding paragraph apply to the provisions of paragraph 2 in the preceding article.
The local competent authority may notify the consigning employer and the consigned Private Employment Services Institution to improve within the specified period if the consigned Private Employment Services Institution violates the provisions of paragraphs 1 and 2 of this article.

Private Employment Services Institution having accepted the employer’s consignment of Article 40 to conduct foreign workers’ disciplinary shall do best to assume the responsibilities of supervision duty.

Foreign workers(s) , who takes jobs set forth in the Subparagraphs 8 to 11, Paragraph 1 of Article 1 of the Act and are recognized by the local competent authority as having the necessity to receive accommodation service, should be accommodated according to the accommodation targets, duration and process prescribed by the Central Competent Authority.

Should the number of employed foreign workers as referred to in Article 40 reach thirty or more, the employer shall set up personnel with bilingual ability among the employed foreign workers in accordance with the following provisions:
1. Where the number of employed foreign workers is thirty or more but below one hundred, there shall be at least one such personnel.
2. Where the number of employed foreign workers is one hundred or more but below two hundred, there shall be at least two such personnel.
3. Where the number of employed foreign workers is two hundred or more, there shall be an additional such personnel per every additional one hundred employed foreign workers.
The local competent authority may notify the employers who have violated the provisions of the preceding paragraph to improve within the specified period.

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 serving as the origined 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 type B foreign worker(s) in accordance with the labor contract(s), the employer shall issue and deliver to the type B foreign worker(s) and keep a copy themselves the table of wage/salary indicating both in Chinese and in the native language of the type B foreign worker(s)’s national country stating the wage/salary actually received, the items accountable for the wage/salary, the total amount of the wage/salary, the payment method of wage/salary, the items of expenses incurred and the corresponding amount thereto about National Health Insurance premium, Labor Insurance premium, Income Tax withhold or boarding fees, worker bonus, detained amount of money under the detain order from court or administrative agents, or other items or amount directly deducted from wage according to laws. Of which copies should be kept by the foreign worker(s) for five years.
The Employer shall prepare and keep labor contract(s) and verified Foreign Worker’s Affidavit regarding expenses incurred for entry into the Republic of China to work and his/her wage/salary for the inspection of the competent authorities.
The employer who recruit type B foreign worker(s) in accordance with Paragraph 2 of Article 27 are exempted from preparing and keeping the Affidavit as referred to in the preceding paragraph.
The said wage/salary as referred to in Paragraph 1, except the amount incurred by foreign worker(s), shall be paid by the employer in full amount by cash directly to type B foreign worker(s). But when paying by other methods, the employer shall issue relevant evidence documents to the type B foreign worker(s) and keep a copy themselves.
Should the Employer not pay the said wage/salary as referred to in Paragraph 1 in full amount, the competent authorities may require the Employer to pay in full within the limited period.

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 along with his/her family to stay for residence, 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 to 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 Authority of the same. But if the reason of notification for such employed type B foreign workers is terminating employment relationship, then the local competent authority shall explore and verify the foreign workers’ genuine willingness after it has received the notification; the verification procedure will be promulgated by the Central Competent Authority.
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 foreigner 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 procedures on behalf of the employed foreign worker(s) with a view to facilitating the employed foreign worker(s)’s departure from the Republic of China.
Should the employed foreign worker(s) be ordered to depart from the Republic of China due to any of the following reasons, the employer shall, within the specified period, go through the necessary procedures 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 without delay.
1. Employment permit(s) has/have been abolished.
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 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 Authority to that effect.

An employer who cannot observe the requirements of notification or application within the specified periods set forth in the Regulations may, after approval by the Central Competent Authority, complete said notification or application.
To complete notification or application in the preceding paragraph is limited to once for the same case of notification or application.

For the payment of employment security fees prescribed in Paragraph 1, Article 55 of the Act, the employer should calculate the amount that should be paid for the current quarter based on the industry classification of the employed foreign workers, the number of workers, and the amount of employment security fees prescribed in Paragraph 2, Article 55 of the Act, starting from the next day of the foreign workers’ entrance, or the day of continuing employment to the last day of the employment or until the invalidation of the employment permit.
The employment security fees should be paid to the employment security fund account created by the Central Competent Authority, by the 25th day of the second month of the next quarter by the employer. The employer is allowed to make early payment without interest.
If the employed foreign worker is not employed for one month, the employer is allowed to calculate the employment security fees based on actually employed days.
If the paid employment security fees exceed the amount that should be paid, the employer is allowed to file applications and documents for refund of such exceeding amount.

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

The Regulations shall become effective on January 15, 2004.
Amended articles of the Regulations shall become effective on the date of promulgation.
Amended and promulgated articles of these Regulations on October 3, 2006 shall become effective on November 1, 2006.