Chapter I General Provisions
Article 1
The Standards are set up in accordance with the stipulations of Paragraph 2 to Article 46 of the Employment Service Act (hereinafter referred to as the Act).
Article 2
To be employed for the job specified in Items 8 to 11, Paragraph 1 to Article 46 of the Act, the qualifications of the said foreigners have to be complied with the Standards stipulated herein.
Article 3
For foreigners hired to perform the jobs referred to in Items 8 and 9, Paragraph 1 to Article 46 of the Act, their job descriptions shall be in the following categories:
1. Oceanic fishing jobs: performing ordinary sailors’ tasks except as captains, deck officers, chief offers, chief engineers, second engineers, engineers, radio operators of fishing boats, or pilots and their assistants of motor boats.
2. Housemaid jobs: performing house cleaning, food cooking, taking care of daily lives of members of households, or other related household service tasks.
Article 4
The jobs designated by the Central Competent Authority in accordance with Item 10, Paragraph 1 to Article 46 of the Act, their job descriptions shall be in the following categories:
1. Manufacturing jobs: directly engaged in the production of manufactured goods and other related physical tasks.
2. Construction jobs: directly engaged in the construction work at construction sites or other related places, or other related physical tasks.
3. Institutional nursing jobs: taking care of daily lives for accepted disabled persons or patients in the institutions or hospitals stipulated by Article 20 of the Standards.
4. Family nursing job: taking care of daily lives for disabled persons patients in private households.
5. Other jobs designated by the Central Competent authority.
Article 5
The jobs designated by the Central Competent Authority in accordance with Item 10, Paragraph 1 to Article 46 of the Act, their job descriptions shall be in the following categories:
1. Bi-lingual translation jobs: performing translation tasks for foreigners hired to perform the jobs referred to in the Standards.
2. Cooks and their related jobs: performing food cooking tasks for foreigners hired to perform the jobs referred to in the Standards.
3. Other jobs approved by the Central Competent Authority and designated as special projects.
Article 6
For foreigners hired to perform the jobs stipulated in the Standards, they are forbidden to have the following situations:
1. Have been in violation of the stipulation of Article 43 of the Act.
2. Have been in violation of Items 1 to 3 of Article 73 of the Act for in absence in three consecutive days and have lost contacts, and one of the instances stipulated in Items 5 to 7 of the same Article.
3. Have refused to take health examinations or provided incorrect body samples.
4. Fail to pass the health examinations.
5. Have been hired in Republic of China to perform the jobs referred to in Articles 3 and 4 of the Standards and the accumulated employment duration exceeds nine years. However, this limitation shall not apply to those foreigners who are hired to perform the jobs referred to in Article 5 of the Standards.
6. Job specialties are not matched with the jobs originally applied.
7. Do not possess documents proving good behaviors.
8. Their age is under sixteen.
9. Have been in violation of other employment qualifications stipulated by the Central Competent Authority.
Article 7
For foreigners hired to perform the housemaid tasks referred to in Item 2 of Article 3 of the Standards, or the nursing tasks referred to in Items 3-4 of Article 4 of the Standards, they shall be over the age of twenty and shall have one of the following qualifications:
1. Before entering into the Republic of China, they shall be trained and qualified in the foreign health examination hospitals approved by the Central Health Competent Authority of the Republic of China, or designated by their own domestic labor administrations.
2. Have been working in the Republic of China and performing the same tasks over six months.
Chapter II Oceanic Fishing Jobs
Article 8
For foreigners hired to perform the oceanic fishing tasks referred to in Item 1 of the Standards, their employers shall have one of the following qualifications:
1. Owners of fishing boats of twenty gross tonnage.
2. Owners of motor boats of less than twenty gross tonnage, and have small boat licenses and fishery licenses issued by the competent authorities for other purposes or other related competent authorities.
Article 9
For foreigners hired by employers referred to in the preceding Article of the
Standards, their total number on the same fishing boat shall not exceed the number of sailors allowed pursuant to the fishery licenses of that boat, minus the minimum number of sailors allowed for ocean going, or the total number of sailors allowed on the said motor boat.
The minimum number of sailors allowed for ocean going, or the total number of sailors allowed on the said motor boats referred to in the preceding Paragraph, shall be determined by the regulations publicly announced by the competent authorities for other purposes at the central government level and the related stipulations of the Rules Governing the Operations of Small Boats.
Chapter III Housemaid Jobs
Article 10
For foreigners hired to perform housemaid tasks referred to in Item 2, Article 3 of the Standards, when their employers make initial recruitments, they shall have one of the following qualifications:
1. Have multiparous children of triplets and/or above, and under the age of three.
2. Have accumulated over sixteen points.
For foreigners hired to perform housemaid tasks referred to in Item 2, Article 3 of the Standards, when their employers apply for renewed recruitment, they shall have one of the following qualifications:
1. Have multiparous children of triplets and/or above, and above the age of six.
2. Have accumulated over sixteen points.
For foreigners hired to perform housemaid tasks referred to in Item 2, Article 3 of the Standards, when their employers apply for extension of employment permits, they shall have senior direct blood relatives or senior marriage relatives in first degree over the age of seventy-five, or children under the age of six.
For calculating the points referred to in the preceding Paragraphs 1 and 2, they shall be accumulated pursuant to the attached Chart One of the ages of children under the age of six, senior direct blood relatives or senior marriage relatives in first degree over the age of seventy-five of the said employers. However, if they do not live with same household registration with the said employers, or have already applied for family nursing workers, or have already listed as persons applying for housemaids, their points shall not be listed and counted.
Article 11
Foreigners may be hired to work as housemaids referred to in Item 2, Article 3 of the Standards for those employers who invest or work in the Republic of China:
1. Foreign employees who are hired as general managers or above for those companies that have foreign investment over 100 million New Taiwan Dollar, or foreigners employees who are hired as section heads or above for those companies that have foreign investment over 200 million New Taiwan Dollar.
2. Foreign employees who are hired as general mangers or above for those companies that have operational amount over 500 million New Taiwan Dollars in the previous year, or foreign employees who are hired as section heads or above for those companies that have operation amount over 1 billion New Taiwan Dollars in the previous year.
3. Foreign employees whose incomes have over 3 million New Taiwan Dollar in accordance with the comprehensive income tax schedule of the Republic of China and had paid income tax in the previous year, or foreign employees who are hired as managerial personnel and whose monthly incomes have over 250,000 New Taiwan Dollar in that current year.
The application qualifications for foreign general managers referred to in the preceding Paragraph, shall be applicable to managerial personnel of those subsidiaries of foreign companies or representative officers of those representative offices.
Article 12
For employers hiring housemaids referred to in the preceding two Articles, their number shall be limited to one housemaid for one household.
Chapter IV Manufacturing Jobs
Article 13
For foreigners employed to perform manufacturing tasks referred to in Item 1, Article 4 of the Standards, when their employers make initial recruitments, they shall have one of the following qualifications:
1. For those industries of specific production procedures categorized as abnormal temperature operation, dust operation, poisoned gas operation, organic solvent operation, chemical processing, non-automatic operation and other specific production procedures, and have been verified by the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas to be complied with the specifications in the attached Chart Two or Chart Six of the Standards.
2. For those industries of specific timeframe categorized as within the timeframe from ten o’clock in the evening till six o’clock in the morning, production operation work hours last at least one hour, and have been verified by the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas to be complied with the specifications in the attached Chart Three of the Standards.
For those industries which are complied with specific production procedures or specific timeframe of the preceding Paragraph, but are not complied with the specifications in the attached Chart Two, Chart Three, or Chart Six of the Standards, may be determined case by case by the Central Competent Authority, after consultation with the competent authorities in charge of specific business at the central government level.
The Central Competent Authority, the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas may make on-site inspections and examinations on the qualifications stipulated in the preceding Paragraph.
After the promulgation of the amendment of the Standards on March 7, 2009, foreigners shall not be employed to perform manufacturing tasks referred to in Item 2, Paragraph 2 of Article 13 of the Standards. Any of the following conditions shall not be included:
1. Those that apply for verification referred to in Item 2 of Paragraph 1 by March 7, 2009 and conform to the requirements specified in the standards;
2. Those that may be determined case by case by the Central Competent Authority, after consultation with the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas.
Article 14-1
For foreigners employed by the employers referred to in Article 13 of the Standards to perform manufacturing tasks, before October 1, 2010 when the Standards become effective, the number of persons in applying for initial recruitments by their employers are in accordance with the estimated manufacturing workers for specific production procedures or specific timeframe made by the competent authorities in charge of specific business at the central government level or the administration of the free trade port areas, each five persons may apply to hire two foreigners.
The total number of foreigners employed by employers referred to in the proceeding Paragraph shall not exceed the ratios stated as follows:
1. For those manufacturing industries in the free trade port areas, the total number of persons applied for shall not exceed forty percent of the average workers hired by the said employers in the proceeding year two months prior to the application month adding the estimated manufacturing workers as suggested by the administration of the free trade port areas.
2. For those categorized as Type A industries referred to in the attached Chart Two or Chart Three of the Standards, the total number of persons applied for shall not exceed twenty percent of the average workers hired by the said employers in the proceeding year two months prior to the application month adding the estimated manufacturing workers as suggested by the competent authorities in charge of specific business at the central government level.
3. For those categorized as Type B industries referred to in the attached Chart Two or Chart Three of the Standards, the total number of persons applied for shall not exceed eighteen percent of the average workers hired by the said employers in the proceeding year two months prior to the application month adding the estimated manufacturing workers as suggested by the competent authorities in charge of specific business at the central government level.
4. For those categorized as other industries referred to in the attached Chart Two or Chart Three of the Standards, the total number of persons applied for shall not exceed fifteen percent of the average workers hired by the said employers in the proceeding year two months prior to the application month adding the estimated manufacturing workers as suggested by the competent authorities in charge of specific business at the central government level.
Verification of the total number of foreigners employed by said employers referred to in the proceeding Paragraph shall include the following number of persons:
1. Number of foreigners applied to make initial recruitments.
2. Number of persons that have obtained recruitment permits and number of foreigners that have been employed. However, number of foreigners that have applied for renewed recruitments in accordance with Article 16 of the Standards shall not be calculated.
3. Within two years prior to the application date, due to reasons that can be accrued to employers, number of foreigners’ recruitment permits and employment permits that have been rescinded.
4. Within two years prior to the application date, number of foreigners that have transferred employers in accordance with Article 59 of the Act.
Article 14-2
For foreigners employed by the employers referred to in Article 13 of the Standards to perform manufacturing tasks, if the employer, before October 1, 2010 when the Standards become effective, has submitted the application of the number of persons for initial recruitments to the competent authorities at the central government level or the administration of the free trade port areas, the total number of hired foreign employees for the initial recruitment should not exceed the following ratio:
1. For those manufacturing industries in the free trade port areas, the total number of renewed recruitment shall not exceed forty percent of the average workers hired by the said employers in the proceeding year two months prior to the application month.
2. For those Type A+ industries in Chart Six attached, the total number of renewed recruitment shall not exceed thirty-five percent of the average workers hired by the said employers in the proceeding year two months prior to the application month.
3. For those A Type industries in Chart Six attached, the total number of renewed recruitment shall not exceed twenty-five percent of the average workers hired by the said employers in the proceeding year two months prior to the application month.
4. For those B Type industries in Chart Six attached, the total number of renewed recruitment shall not exceed twenty percent of the average workers hired by the said employers in the proceeding year two months prior to the application month.
5. For those C Type industries in Chart Six attached, the total number of renewed recruitment shall not exceed fifteen percent of the average workers hired by the said employers in the proceeding year two months prior to the application month.
6. For those D Type industries in Chart Six attached, the total number of renewed recruitment shall not exceed ten percent of the average workers hired by the said employers in the proceeding year two months prior to the application month.
When the employer referred to in the preceding paragraph submits the application and the average number of hired employees in the preceding year two months prior to the application month has exceeded one thousand employees, the competent authorities at the central government level should accumulate and cut down the ratio of application referred to in the preceding paragraph as regulated in the following conditions:
1. Exceeding one thousand but under two thousands, cut down one percent each time when the number exceeds one thousand.
2. Exceeding two thousands but under three thousands, cut down two percent each time when the number exceeds two thousands as regulated by the preceding paragraph.
3. Exceeding three thousands, cut down three percent each time when the number exceeds three thousands as regulated by the preceding paragraph.
Article 14-3
The identification of the total number of foreign workers hired by the employer in the preceding two articles should include the following number:
1. The number of initial recruitment of foreign workers.
2. The number of employees with recruitment permits and the hired foreign workers. However, for the number of foreign workers that has to be recruited again as regulated in Article 16 and Article 16-1, it can be excluded.
3. The number of annulled recruitment permit of foreign workers and the number of employees allowed to be recruited due to the act of employers within two years prior to the application.
4. The number of foreign workers that have to be recruited by another employer as regulated in Article 59 within two years prior to the application.
The average number of employees and the total number of foreigners referred to in the preceding two articles are calculated according to the number of employees participate in the labor insurance numbers of the same factory.
The average number of employees and the total number of foreigners referred to in Paragraph 2 are calculated according to the number of employees participate in the employer insured unit of labor insurance.
Article 15-4
For employers whose employed number of foreigners and recruited total number of foreigners referred to in Article 13, Article 14-1 and Article 16 shall be complied with the following stipulation:
1. For those manufacturing industries in the free trade port areas, the number of foreigners employed shall not exceed forty percent of the workers hired by the said employers.
2. For those manufacturing industries not in the free trade port areas, the number of foreigners employed shall not exceed twenty percent of the workers hired by the said employers. However, for employers who hire workers less than five may employ one foreigner.
The Central Competent Authority shall, starting from said employers have employed foreigners for at least three months, inspect every three months the ratios or numbers of foreigners employed by said employers in accordance with the preceding Paragraph.
The number of foreigners employed and the number of workers hired referred to in Paragraph 1 are calculated as, measured by two months prior to the month of inspection conducted by the Central Competent Authority, the average number of workers who participate in the Labor Insurance three months prior to the measured month.
For employers who employ foreigners exceed the ratios or the numbers of workers referred to in Paragraph 1, when the Central Competent Authority have notified of amelioration by a due date, have not ameliorated prior to the due date, shall, in accordance with Article 72 of the Act, rescind said employers’ recruitment permits and employment permits of those number exceeding stipulation, and count in the number of persons referred to in Item 3, Paragraph 1 of Article 14-3.
Article 15-5
For employers who have applied of major investment projects to the competent authorities for other purposes at the central government level or the administration of the free trade port areas within thirty days after the amendment of the Standards had promulgated on October 1, 2007, their number of persons in applying to make initial recruitments are as follows:
1. For those manufacturing industries categorized as non-traditional industry, their total number applied for shall not exceed ten percent of manufacturing workers estimated by the competent authorities for other purposes at the national government level as suggested.
2. For those manufacturing industries categorized as traditional industry, their total number applied for shall not exceed fifteen percent of manufacturing workers estimated by the competent authorities for other purposes at the central government level as suggested.
3. The total number applied for by employers of the manufacturing industries in a free trade port areas shall not exceed forty percent of manufacturing workers estimated by the administration of the free trade port areas as suggested.
For employers applying for recruiting foreigners referred to in the preceding Paragraph, their total number shall be limited as follows:
1. For those manufacturing industries categorized as non-traditional industry, the total number of foreigners recruited shall not exceed ten percent of the total number of domestic workers employed by the said employers in the same application cases.
2. For those manufacturing industries categorized as traditional industry, the total number of foreigners recruited shall not exceed fifteen percent of the total number of domestic workers employed by the said employers in the same application cases.
3. The number of domestic workers employed by employers of the manufacturing industries in a free trade port area shall not be less than sixty percent of their total employees. And for every two foreigners applied for recruitment, the employer shall employ three domestic workers.
The number of domestic workers referred to in the preceding Paragraph, shall be calculated by the number of domestic workers who participate in the Labor Insurance three months prior to the month that their employers make the application, minusing the number of domestic workers who participate in the Labor Insurance six months prior to the completion of the said major investment projects. However, if domestic workers are aboriginals, physical or mental disable persons, or senior aged, then each such person employed shall be calculated as three domestic workers.
For the calculation of workers participating in the Labor Insurance referred to in the preceding Paragraph, they shall be limited to the workers who have been employed for three months and their total working hours have exceeded one hundred and twelve hours in the proceeding month making application and they are currently employed.
Article 15-6
For employers who have been verified as industries of specific production procedures or specific timeframe by the competent authorities for other purposes at the central government level prior to the promulgation of the amendment of the Standards on October 1, 2007, their number of persons in applying to make initial recruitments, according to the estimated manufacturing workers for specific production procedures or specific timeframe made by the competent authorities of other purposes at the central government level, each five persons may apply to hire two foreigners.
The total number of foreigners employed by employers referred to in the proceeding Paragraph shall not exceed the average workers hired by the said employers in the proceeding year two months prior to the application month, plus fifteen percent of the estimated manufacturing workers for specific production procedures or specific timeframe as suggested by the competent authorities of other purposes at the central government level.
For every two foreigners applied for recruitment in Paragraph 1, the employer shall employ three domestic workers.
The number of domestic workers in the proceeding Paragraph, shall be calculated by the number of domestic workers who participate in the Labor Insurance the month of application, minusing the number (of workers) participate in the Labor Insurance the date of notification about estimated manufacturing workers for specific production procedures or specific timeframe as suggested by the central competent authorities for other purposes at the central government level, and they shall be currently employed. However, if domestic workers are aboriginals, physical or mental disable persons, or senior aged, each such person employed may be calculated as three domestic workers.
For employers who have number of persons that have not applied for recruitments after the promulgation of the amendment of the Standards on October 1, 2007, may apply for recruiting foreigners, and apply to specifications referred to in Article 15-4.
Article 15-7
For employers whose employed number of foreigners and recruited total number of foreigners referred to in Article 13, Article 14-2 and Article 16-1 shall be complied with the following stipulation:
1. For those manufacturing industries in the free trade port areas, the number of foreigners employed shall not exceed forty percent of the workers hired by the said employers.
2. For those categorized as Type A+ industries referred to in the attached Chart Six, the total number of foreigners employed shall not exceed thirty-five percent of the workers hired by the said employers.
3. For those categorized as Type A industries referred to in the attached Chart Six, the total number of foreigners employed shall not exceed twenty-five percent of the workers hired by the said employers.
4. For those categorized as Type B industries referred to in the attached Chart Six, the total number of foreigners employed shall not exceed twenty percent of the workers hired by the said employers.
5. For those categorized as Type C industries referred to in the attached Chart Six, the total number of foreigners employed shall not exceed fifteen percent of the workers hired by the said employers.
6. For those categorized as Type D industries referred to in the attached Chart Six, the total number of foreigners employed shall not exceed ten percent of the workers hired by the said employers.
The competent authorities at the central government level should verify the ratio of employed foreigners by the said employers as regulated in Paragraph 2 to 4 of Article 15-4.
Article 16
Within four months prior to expiration of the employment permit of foreigners, if the employer of the manufacturing industry need to continue employing foreigners, the employer may apply for renewed recruitment from the Central Competent Authority.
The application shall be made only once.
The total number of renewed recruitment referred to in the proceeding Paragraph shall not exceed the number of foreigners employed in their previous recruitment permits.
If an employer fails to comply with the provisions in Article 13 and Article 14-2 to hire foreigners, the total number of renewed recruitment, employed foreigners, and the permitted recruitment people by the employer shall not exceed the following ratio:
1. For those manufacturing industries in the free trade port areas, the total number of renewed recruitment shall not exceed forty percent of the average workers hired by the said employers in the proceeding year two months prior to the application month.
2. For those manufacturing industries not in the free trade port areas, the total number of renewed recruitment shall not exceed twenty percent of the average workers hired by the said employers in the proceeding year two months prior to the application month.
Article 16-1
For employers who have employed foreigners as regulated in Article 13 and Article 14-2, the total number of overall renewed recruitment applications for the labor insurance numbers of the same factory and employed foreigners and obtained recruitment permits shall not exceed the ratio as regulated in Article 14-2.the ratio of overall renewed recruitment for the labor insurance numbers of the same factory shall be attended to as regulated in Article 14-2.
Chapter V Construction Jobs
Article 17
For foreigners hired to perform the construction tasks referred to in Item 2, Article 4 of the Standards, their employers shall be limited to undertaking one of the following major construction projects:
1. Major public construction projects under the Twelve Major Infrastructure Programs controlled and audited by the Executive Yuan, or any national economic construction projects approved and registered by the Executive Yuan, and their total amount of construction exceeds 100 million New Taiwan Dollar.
2. Other construction projects initiated by governmental authorities outside the preceding Item, their total amount of construction exceeds 200 million New Taiwan Dollar, and the duration of construction is over five hundred and forty-seven calendar days.
3. Public-enterprise construction projects invested by the private sector and approved by the competent authorities for other purposes at the central governmental level and designated as special cases, their total amount of construction exceeds 200 million New Taiwan Dollar, and their duration of construction is over five hundred and forth-seven calendar days.
4. Construction projects invested by the private sector and approved and promoted by governmental authorities, or major public construction projects participated by civilian institutions and approved by the competent authorities, the total amount of the major construction projects or the promoted construction projects exceeds 200 million New Taiwan Dollar, and their duration of construction is over five hundred and forty-seven calendar days.
5. The non civil engineering programs affiliated with those construction projects that are consistent with the qualifications listed in the preceding Items, their total amount of construction exceeds 50 million New Taiwan Dollar, and their duration of construction is over five hundred and forth-seven calendar days.
6. Construction projects for public or private schools or medical institutions, their total amount of construction exceeds 150 million New Taiwan Dollar, and their duration of construction is over five hundred and forty-seven days.
7. Construction projects for public or private social welfare institutions, their total amount of construction exceeds 100 million New Taiwan Dollar, and their duration of construction is over five hundred and forty-seven calendar days.
8. Construction projects for factories of major investment projects for manufacturing industries.
If the construction projects referred to in every Items of the preceding Paragraph are approved by the competent authorities for other purposes at the central government level as major economic construction investment programs, the total amount of their construction exceeds 200 million New Taiwan Dollar, the duration of their construction is over five hundred and forty-seven calendar days, and the whole construction project is designed, controlled and planned, or installed equipment by the business entities themselves, those business entities themselves may apply for hiring foreigners.
If numerous contracts in the same major construction project are undertaken by the same employer, and if the combined total amount of construction is consistent with one of the qualifications referred to in Paragraph 1, employer may divide every single contract and to apply for hiring foreigners individually.
When employers hiring foreigners referred to in Paragraph 1 make their initiate or renew recruitments, their applications shall first submit to the construction authorities or business entities for examination are review. Construction authorities or business entities shall register their review opinions on manpower necessities for the said major construction projects.
Unless approved and registered by the Central Competent Authority and designated as special cases, otherwise, foreigners shall not be hired to perform construction tasks when the construction authorities are receiving their bidding tenders, or for those major construction projects their construction contracts are signed after May 16, 2001.
Article 18
For foreigners hired by employers referred to in the preceding Article to perform construction tasks in the same major projects, their number in total shall not exceed the number calculated in the attached Chart Four of the Standards.
Article 19
For foreigners hired by employers referred to in Article 17 of the Standards to perform construction tasks, when their employers obtained initial recruitment permits, if they employ one aboriginal worker, they may apply to employ two foreign workers, and if they employ one other domestic worker, they may apply to employ one foreign worker.
For those employers being approved by special projects, their ratio of the number of employing domestic workers and employing foreign workers may be increased.
Chapter VI Institutional Nursing Jobs
Article 20
For foreigners hired to perform the institutional caring tasks referred to in Item 3, Article 4 of the Standards, their employers shall have one of the following qualifications:
1. Long-term nursing institutions, caring institutions, caring institutions, or social welfare organizations for receiving and caring middle-range physically or mentally disable persons, mentally disturbed persons, or persons suffering from dementia.
2. Nursing and caring family institutions, hospitals for chronic illness patients or general hospitals, ordinary hospitals or specialized hospitals with wards for chronic illness patients or respiratory disease wards.
Article 21
For foreigners hired by employers referred to in the preceding Article, their number shall be limited as follows:
1. For institutions referred to in Item 1 of the preceding Article, for every three persons actually received and cared by those institutions, they may hire one foreign care taker.
2. For institutions referred to in Item 2 of the Article, for every five hospital beds registered by law, they may hire one foreign care-giver.
The number referred to in the preceding Paragraph, they total shall not exceed the number of domestic care-givers.
Chapter VII Family Nursing Jobs
Article 22
For foreigners hired to perform family caring tasks referred to in Item 4, Article 4 of the Standards, the persons under their care shall have one of the following qualifications:
1. Persons with one of items listed in the specially grave physical or mental diseases.
2. After a professional team evaluation conducted by a medical institution, persons under the age of 80 who are determined as requiring all-day care.
3. Those who have undergone the preceding professional assessment, over the age of 80, determined to require heavily dependent care.
The items of specially physical and metal diseases referred to in Item 1, Paragraph 1 is listed in the attached Chart Five of the Standards.
Medical institutions referred to in Items 2, Paragraph 1 shall be publicly announced by the Central Competent Authority together with the central competent authority of health. Professional evaluation methods are determined by the central competent authority of health.
Article 23
For foreigners hired to perform family nursing jobs referred to in Item 4, Article 4 of the Standards, their employers and the persons under their care shall have one of the following relative relationships:
1. Spouses.
2. Direct blood relatives.
3. Collateral blood relations in third degree.
4. Marriage relations in first degree.
5. Grandparents and grand-daughters-in-law or grandparents and grand-sons-in-law.
In case that employers or persons under care are foreigners, they shall have permits issued by competent authorities to stay in the Republic of China.
In case that the persons under care do not have relatives in the Republic of China, or their special circumstances have been approved by the Central Competent Authority and designated as special cases, persons without relative relationships with the persons under care may become employers, or may treat the persons under cars as employers to apply for hiring foreigners. However, in case that the persons under care are treated as employers, they shall designate persons with full legal capacity to perform the duties of employers in case these persons under care can not assume their duties as employers.
Article 24
Foreigners hired by employers referred to in the preceding Article to perform family nursing jobs , their number shall be limited to one foreigner tasks care of one person under care. However, when the same person under care has one of the following situations, one additional foreigner may be hired:
1. Listed as vegetative persons by the handbooks for physically and mentally disable persons.
2. Evaluated as zero point in accordance with Barthel’s score by medical professional diagnosis, and their condition cannot be ameliorated within six months.
Article 24-1
During the term of the employment permit for foreigners hired to perform family nursing jobs, if employers are verified by the competent authorities to have violated the provisions of the third or fourth paragraphs of article 57 of the Act, the Central Competent Authority will set forth a time frame in which employers must arrange for the nurse to conduct a professional reassessment according to regulations at a specified medical institution.
If employers have not complied before the deadline noted by the Central Competent Authority, or person under care is found by profession evaluation to no longer qualify under the conditions of paragraph 1 of Article 22 or prior articles, the Central Competent Authority shall annul the recruitment permit and employment permit in part or in whole according to Provision 72 of this Act.
Chapter VIII Bilingual Translation Jobs
Article 25
For foreigners hired to perform bilingual translation tasks referred to in Item 1, Article 5 of the Standards, they themselves shall have the qualifications of graduating from senior high schools or above in the Republic of China or abroad, and their employers shall be private employment service agencies engaging in cross-countries manpower match-making business.
Article 26
For foreigners hired by employers referred to in the preceding Article and perform bilingual translation tasks, their number shall be limited as follows:
1. Less than one-fifth of the number of operating personnel hired by the agencies referred to in the preceding Article.
2. If calculated by foreigners recruited by the agencies referred to in the preceding Article, one translator may be hired for every fifty foreigners from the same country.
The total number of foreigners hired pursuant to the preceding Paragraph shall not exceed eight persons.
Chapter XI Foreign Cooks and Their Related Jobs
Article 27
For foreigners hired to perform cooks and their related tasks referred to in Item 2, Article 5 of the Standards, their employers shall be private employment service agencies engaging in cross-countries manpower match-making business, and have been trusted to manage over one hundred foreigners from the same country performing the tasks stipulated in the Standards.
Article 28
For foreigners hired by employers referred to in the preceding Article and perform cooking and related tasks, their number shall be limited as follows:
1. For those companies trusted to manage over one hundred and less than two hundred foreigners, they may hire two foreign cooks and one related personnel.
2. For those companies trusted to manage over two hundred and less than three hundred foreigners, they may hire three foreign cooks and two related personnel.
3. For those companies trusted to manage over three hundred foreigners, they may hired one foreign cook and one related personnel for each additional one hundred foreigners under their management.
If foreigners trusted to be managed in the preceding Paragraph are from different countries, they shall be counted separately.
Chapter VI Supplementary Provisions
Article 29
The Standards shall be effective on the day of promulgation.