History

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).

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.

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.

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.

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.

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 receive 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 six 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. Under the age of sixteen.
9. Have been in violation of other employment qualifications stipulated by the Central Competent Authority.

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 entrying 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.

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 smallboat licenses and fishery liences issued by the competent authorities for other purposes or other related competent authorities.

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 liences 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.

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.

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 officiers of those representative offices.

For employers hiring housemaids referred to in the preceding two Articles, their number shall be limited to one housemaid for one household.

For foreigners hired 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 manufacturing industries categorized as non-traditional manufacturing industry, their total amount of investment shall exceed one billion New Taiwan Dollars, their investment in machineries, equipment and factories shall exceed 500 million New Taiwan Dollars, and shall be verified and signed by certified public accountants.
2. For those manufacturing industries categorized traditional manufacturing industry, their total amount of investment shall exceed 50 million New Taiwan Dollars, their investment in machineries, equipment and factories shall exceed 25 million New Taiwan Dollars, and shall be verified and signed by certified public accountants.
3. For those industries with specific production procedures or specific timeframe publicly announced by the Central Competent Authority, and have been determined by the competent authorities for other purposes at the central government level to be consistent with the contents of the said public announcement.
The total amount of investment referred to in Items 1 and 2 of the preceding Paragraph shall include the items of land, factory building, equipment and operating funds. It shall be listed and counted according to the substantial amount of investment made towards lands, factory buildings, equipment and the operating funds and have completed in three consecutive years during the four years and six months period before the date when the said employers have applied to the competent authorities for other purposes at the central government level or the administration of the free trade port areas for listing and counting as major investment projects. The Central Competent Authority, the competent authorities for other purposes 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.
For those factories owned by employers have hired foreigners according to in Items 1 and 2 of Paragraph 1, or have approved for listing as major investment projects by the competent authorities for other purposes at the central government level or the administration of the free trade port areas, and whose hired foreigners or obtained recruiting permits are still within effective period, shall not apply to hire foreigners according to Item 3 of Paragraph 1.
The non-traditional and traditional industry referred to in Paragraph 1 shall be determined by the Central Competent Authority together with the competent authorities for other purposes at the central government level.

For foreigners hired by employers referred to in the preceding Article to perform manufacturing tasks, when their employers apply to make initial recruitments, their number shall be limited 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.
The total number in the preceding Paragraph applied for by employers of the manufacturing industries in a free trade port area shall not exceed forty percent of manufacturing workers estimated by the administration of the free trade port area as suggested.

For employers applying for recruiting foreigners referred to in the preceding two Paragraphs, 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 the total number of domestic workers multiplying ten percent of 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 the total number of domestic workers multiplying fifteen percent of the said employers in the same application cases.
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. For every two foreigners applied for recruitment, the employer shall also employ three domestic workers.
The number of domestic workers referred to in the two preceding Paragraphs, shall be calculated by the number of domestic workers who participate in the Labor Insurance three months before the month that their employers make the application, minusing the number of domestic workers who participate in the Labor Insurance six months before 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 hired 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 hired 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.

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The number of persons applied for their initial recruitment by the industries referred to in Item 3, Paragraph 1 to Article 13, according to the estimated manufacturing workers for specific production procedure 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 hired by employers referred to in the proceeding Paragraph shall not exceed fifteen percent of the average workers hired by the said empoyers in the proceeding year two monthes prior to the application month plus the estimated manufacturing workers for specific production procedure or specific timeframe made by the competent authorities of other purposes at the central government level.
The Central Competent Authority may adjust and publicly announcd the percentage in the proceeding Paragraph.
If the total number of initial recuritment for foreigners referred to in Paragraphs 1 and 2, exceed the grand total of foreigners that may be employed proclaimed by the Central Competent Authority, then the number of foreigners applied for employment by each employer may be reduced proportionally.

For every two foreigners applied for recruitment in the proceeding Article, 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 made 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 hired may be calculated as three domestic workers.

Within four months prior to expiration of the employment permit of foreigners, if the employer of the manufacturing industry has the need to continue employment of foreigners, the employer may apply for another recruitment from the Central Competent Authority. The total number of foreigners applied for another recruitment shall not exceed the number of foreigners employed in their previous recruitment permits, and the application shall be made only once. But if the employer that are listed and counted as major investment project under Article 13, after the Central Competent Authority together with the competent authorities for other purposes at the central government level or the administration of the free trade port areas determine the anticipated effect of the original investment project is met and there is a special need, then the application may be made twice.

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.

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 Two of the Standards.

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 employer being approved by special projects, their ratio of the number of employing domestic workers and employing foreign workers may be increased.

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 chronical illness patients or general hospitals, ordinary hospitals or specialized hospitals with wards for chronical illness patients or respiratory disease wards.

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-giver.
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.

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 professional evaluation conducted by medical institution through team method, persons are determinded as requiring 24 hours care.
Those who have been taken for the calculation of points to apply for a housemaid according to Article 10 of the Standards, shall not be the persons under care referred to in the proceeding Paragraph.
The items of specially physical and metal diseases referred to in Item 1, Paragraph 1 is listed in the attached Chart Three 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 determinded by the central competent authority of health.

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.

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 Index by medical professional diagnosis, and their condition cannnot be ameliorated within six months.

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.

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.

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.

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.

The Standards shall be effective on the day of promulgation.