Article 1
This Guideline is set up in accordance with the stipulation of Paragraph 2 to Article 59 of the Employment Service Act (hereinafter referred to as the Act).
Article 2
Employed foreigners who fit for any condition specified in all items of Paragraph 1 to Article 59 of the Act may apply for changing employers or jobs by the foreigner or original employer with the following documents provided to the Central Competent Authority:
1. Application Form.
2. Evidence document of any of the following reasons:
(1)Original employer's or the person under care's Death Certificate or emigration evidence document.
(2)Evidence document of fish boats unable to continue operation because of being detained, sunk or under renovation.
(3)Evidence document of employment contract termination due to original employer's plant closure, shut down or not paying work compensation according to employment contract.
(4)Evidence document of other reasons whose responsibility cannot be ascribed to employed foreigners.
3. Copy of foreigners' name list and Employment Permit document.
4. Evidence document of foreigners' agreement to transfer employers or jobs.
Foreigners who apply for transferring employers or jobs according to the stipulation as referred to in the previous paragraph have not provided related documents completely may be exempted after verification by the Competent Authority.
Article 3
When the Central Competent Authority has rescinded original employer's Employment Permits, whose hired foreigners meet any stipulation as referred to in Paragraph 1 to Article 59, the Central Competent Authority shall order foreigners to transfer employers or jobs within designated period.
Foreigners or original employer shall, within the designated period stipulated in the Previous Paragraph, attach documents as referred to in Items 1 and 4 of Paragraph 1 to Article 2 and copy of Rescinding Employment Permit Letter, and processing registration of employers transfer to Public Employment Service Agency.
Article 4
Application cases as referred to in Paragraph 1 to Article 2, after the Central Competent Authority has examined them, the Authority will notify the clients concerned of original employment contract.
The clients concerned of original employment contract may post necessary information to the information system designated by the Central Competent Authority, and let Public Employment Service Agency process foreigners transfer procedure.
Article 5
Employers who apply for consecutively employing foreigners shall provide the following documents:
1. Application Form.
2. Copy of applicant's National Identification Card or the- person-in-charge-of-corp.’s identification documents, Corporation Registration evidence document, Commercial Registration evidence document, 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 detailed insure number under the Labor Insurance for employed workers during the one-year period prior to the second month before the application month. But applicants of consecutively employing oceanic fishing workers, housemaids, institutional nursing workers or family nursing workers are exempted.
4. Original copy of evidence document concerning qualifications of consecutively employing foreigners consistent with the stipulation as referred to in Article 6.
5. Original copy of recruitment evidence. But applicants of consecutively employing family nursing workers are exempted.
6. Contents description of foreigners' scheduled job.
7. Evidence documents issued by Special Municipality or County (City) Governments according to the stipulation as referred to in Item 5, Paragraph 1 to Article 16 of The Permit and Management Regulation of Employers Hiring Foreigners.
Employers holding Recruitment Permit Letters to apply for consecutively employing foreigners are exempted from the documents as referred to in items 2, 3, 5 and 7 of the Previous Paragraph.
Article 6
Concerning employers' applications for consecutively employing foreigners, Public Employment Service Agency shall manage operation according to the following priority:
1. Those may introduce foreigners but have not introduced sufficient number during valid period of Recruitment Permit Letter.
2. Consistent with the qualification to employ foreigners stipulated by the Central Competent Authority, and the number of foreigners hired has not reached the upper limit in terms of proportion or number as referred to in The Reviewing Standards and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11, Paragraph 1 to Article 46 of the Employment Service Act.
3. Business units belong to the manufacturing or the construction industries which do not employ foreigners or whose number of foreigners hired has not reached the upper limit in terms of proportion or number as stipulated by the Central Competent Authority, and processing domestic recruitment as referred to in Article 47 of the Act and whose demand cannot be satisfied after recruitment.
After examining the application registration for consecutively employment as referred to in the preceding Paragraph to be consistent with stipulation, Public Employment Service Agency shall post necessary information to the information system designated by the Central Competent Authority.
The application registration for consecutively employment as referred to in Paragraph 1 is valid within sixty days starting from the date of registration. After valid period has expired and consecutively employment is still necessary, registration shall be re-managed.
Employers applying for consecutively employment belonging to cases of Major Investment in the manufacturing industry are limited to Item 1 in Paragraph 1.
Article 7
Foreigners processing transferring registration are restricted to foreigners' same type of job in their original industry. But any of the following cases is not restricted by this:
1. Applying for consecutively employment by employers with qualifications as referred to in Items 1 or 2, Paragraph 1 to Article 6.
2. Approved by the Central Competent Authority.
Nursing job and housemaid are regarded as the same type of job.
Article 8
Public Employment Service Agency shall follow the priority stipulation as referred to in Paragraph 1 to Article 6, foreigners' expected employment location, type of job, remaining employment period, and other conditions designated by the Central Competent Authority to manage operation of transferring. As priority stipulation cannot be discerned, it shall be determined randomly by the information system designated by the Central Competent Authority.
Public Employment Service Agency managing operation of transferring shall follow the stipulation of preceding Paragraph to select at least ten applicants of consecutively employment, and their number of consecutively employing foreigners shall reach one and half times of transferring foreigners. But when the number to be consecutively employed does not reach the above number or proportion, these restrictions do not apply.
Article 9
Public Employment Service Agency shall adopt method of public conciliation meeting every week to manage operation of consecutively employing foreigners.
The conciliation meeting of the preceding paragraph shall notify original employer, applicant of consecutively employment and foreigners to participate.
If original employer or applicant of consecutively employment were absent, they may provide power of attorney to authorize representative to present. If applicant of consecutively employment or whose representatives were absent from the meeting, they would be regarded as abandoning consecutively employment registration this time.
Foreigners shall carry passport, Alien Residence Certificate or other related evidence documents to participate the conciliation meeting as referred to in Paragraph 1. But foreigners whose passport and Alien Residence Certificate are detained illegally are not restricted.
Foreigners who are absent without due reasons will be regarded as abandoning transferring employers or jobs.
In the conciliation meeting as referred to in Paragraph 1, applicants of consecutively employment shall describe the contents of scheduled job for foreigners, and determine with the consent of foreigners. If foreigners' number exceeded the number that employers intend to employ consecutively, Public Employment Service Agency shall conciliate.
Article 10
Public Employment Service Agency shall, within sixty days starting from the date the Central Competent Authority approves transferring or rescinds Employment Permit, manage operation of foreigners' transferring according to stipulation as referred to in previous two Articles. But for those foreigners possessing special situation that have been approved by the Central Competent Authority, operation of foreigners' transferring may be extended to sixty days and for once only.
Foreigners who are physically assaulted by employers or other employees, commissioned administrator, persons under care of or relatives of persons under care of, and the Central Competent Authority permits revocation, its application to transfer operation is not subject to restriction on the times in the preceding paragraph.
If foreigner did not present the conciliation meeting as referred to in previous Article without due reasons, or still could not transfer employers or jobs after the transferring operation period had expired, then Public Employment Service Agency shall notify original employer, who shall be responsible to manage foreigner's departure procedure and make him/her out of the country within fourteen days starting from the second day of conciliation meeting. But foreigners possessing special situation that have been approved by the Central Competent Authority are not restricted.
If original employer could not be traced clearly, then the Special Municipality or the County (City) Competent Authority shall ask Police Station or Immigration Competent Authority of the location that foreigners work to manage foreigner's departure matters.
Article 11
After completion of foreigners transferring operation, Public Employment Service Agency shall issue a Consecutive Employment Certificate to the employer of consecutive employment and the original employer.
Article 12
Within fifteen days starting from the second date of obtaining the Consecutive Employment Certificate, employers of consecutive employment shall prepare the following documents to the Central Competent Authority to apply for issuing Employment Permit or extending Employment Permit:
1. Application Form.
2. Copy of applicant's National Identification Card or the- person-in-charge-of-corp.'s identification documents, 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. Foreigners' Name List.
5. In accordance with stipulation in Article 15-2 of The Permit and Management Regulation of Employers Hiring Foreigners, evidence documents of accepting report issued by local Competent Authority.
6. Other documents stipulated by the Central Competent Authority, as Attachment 1.
If employer were civilian organization, in addition to the documents stipulated in Items 1 and 3 to 6 of the preceding Paragraph, it shall provide copy of the person in charge of the organization's National Identification Card and Accreditation Certificate of the organization.
Article 13
For the employer of consecutive employment, according to the Guideline, the number of foreigners that may be consecutively employed, the number of foreigners that have been employed, the number that have obtained Recruitment Permit, those that have applied for consecutive employment in the first two years, and the reasons that Recruitment Permit and Employment Permits are annulled attributable to employer totally shall not exceed the upper limit of proportion or number stipulated by the Central Competent Authority.
The Employment Permit period for the employer of consecutive employment is restricted to supplement foreigners' remained employment period of original Employment Permit.
Article 14
When original employer can not be traced clearly, but foreigners are regarded by the Special Municipality or the County (City) Competent Authority of the location foreigners work as consistent with any situation as referred to in Paragraph 1 to Article 59 of the Act, and situation is emergent such that immediate placement required, then after asking for agreement from foreigners, the Competent Authority shall arbitrarily notify Public Employment Service Agency to process registration for foreigners.
Article 15
For any situation of the following, applicants may apply to the Central Competent Authority directly for consecutively employing foreigners, and stipulations from Article 2 to Article 12 do not apply:
1. Original employer has reasons of die, emigration or other situation unable to continuously employing foreigners, applicant and the person originally under care of have a relative relationship stipulated in Paragraph 2, or applicant is originally employer's spouse of the family employing housemaid.
2. Purchase or rent original employer's fish boats or caring institutions, and continuously hire all domestic workers of original employer starting from the sixth month prior to such event occurred.
3. Purchase or rent original employer's machineries, equipments or factories, and continuously hire all domestic workers of original employer starting from the sixth month prior to such event occurred.
4. Original employer's plant closure or shut-down cause the stoppage of major construction, and applicants take over the responsibility of original construction.
5. After merge of business units, the survived, new established or being taken over business units continuously hire all or segmented part of domestic workers from original employer starting from the sixth month prior to such event occurred.
6. When the Central Competent Authority has annulled the original employer's Employment Permit, and employer, whose application qualification meet any stipulation as referred to in Items 1 or 2, Paragraph 1 to Article 6, have signed the two parties evidence document of consecutive employment (hereinafter referred to as two parties consent to consecutive employment).
7. Foreigner, original employer and employer, whose application qualification meet any stipulation as referred to in Items 1 or 2, Paragraph 1 to Article 6, have signed the three parties evidence document of consecutive employment (hereinafter referred to as three parties consent to consecutive employment).
The relative relationship as referred to in Items 1 of Paragraph 1 is following:
1. Spouses.
2. Direct blood relatives.
3. Collateral blood relations in third rank.
4. Marriage relations in first rank.
5. Grandparents and grand-daughters-in-law or grandparents and grand-sons-in-law.
Article 15-1
Applications of Items in the Paragraph 1 of preceding Article shall be submitted within following application periods:
1. Items 1 to 6: Within sixty days starting from such event occurred.
2. Item 7: Within fifteen days starting from the day where the three parties consent to consecutive employment.
Occurring dates referred to the Item 1 of the preceding Paragraph are following:
1. Item 1: Fact occurred date of original employer die or emigrate, or other reasons.
2. Items 2 and 3: Registration date of fish boats, caring institutions, or factories make transformation or cancellation.
3. Item 4: Take over date to continue original construction.
4. Item 5: Standard date of merge or the date the Competent Authority agrees to merge.
5. Item 6: The date that Employment Permits are rescinded.
After original employers obtain Recruitment Permit and before foreigners are introduced, foreigner encounters any event as referred to in Item 1 of Paragraph 1 to the preceding Article, applicant who meets the relative relationship as referred to in Paragraph 2 to the preceding Article may apply for Consecutive Employment Permit from the Central Competent Authority within fifteen days after foreigners arrive the Republic of China.
For original employers as referred to in Items 2, 3 and 5 of Paragraph 1 to the preceding Article have obtained Recruitment Permit, and have not introduced the upper limit number of foreigners within valid period of Employment Permit, applicants shall submit their applications together within the designated period as referred to in Paragraph 1.
Article 15-2
Employers continue hiring foreigners for works stipulated in Items 8 to 10 in Paragraph 1 to Article 46 of this Act shall prepare following documents and notify the local Competent Authority to implement inspection:
1. Notification of Consecutive Employment Certificate.
2. Foreigners' Living Management Plan. But applicants employing oceanic fishing workers are exempted from this requirement.
3. Foreigner's name list.
4. Ingression work fees for foreigners and labor affidavit.
5. Other documents regulated by the Central Competent Authority.
Employers in the preceding Paragraph shall notify the local Competent Authority within following designated periods:
1. Applications in accordance with the provisions of Article 6 shall be completed within three days starting from the day that public employment service agencies issue Consecutive Employment Certificate.
2. Applications in accordance with the provisions of Items 1 to 6 in Paragraph 1 to Article 15 shall be completed within sixty days starting form the events specified in Paragraph 2 of Article 15-1 occur.
3. Applications in accordance with the provisions of Item 7 in Paragraph 1 to Article 15 shall be completed within three days starting from the day that the three parties consent to consecutive employment.
After employers notify local Competent Authority in accordance with the two preceding Paragraphs, withdrawal of notification is not valid.
The applications supplying documents meeting the provisions of Item 1, local Competent Authority shall issue employers Notification of Consecutive Employment Certificate, and implement inspection specified in Article 19 of The Permit and Management Regulation of Employers Hiring Foreigners. Applications qualified for inspection within six months before issuance of Notification may be exempted.
Article 15-3
For the employer of consecutive employment or original employer, according to the Guideline, when consecutively employing or transferring foreigners, the same foreigner cannot simultaneously and successively sign the bilateral or trilateral certification documents, or consecutively employ or transfer the foreigner through public employment institutions.
Article 16
Applications for consecutively employing foreigners in accordance with Paragraph 1 to Article 15 shall supply following documents:
1. Application Form.
2. Facts evidence documents.
3. In accordance with the provisions in the preceding Article, evidence documents of accepting report issued by local Competent Authority.
4. Other documents as Attachment 2.
Facts evidence in Item 2 of the preceding Paragraph is following:
1. Applicants in accordance with Item 1, Paragraph 1 to Article 15:
(1) Related evidence documents for decease, emigration or other reasons that original employers can not continuously employing foreigners.
(2) Copy of applicant's and the person under care's Household Registry Handbook.
2. Applicants in accordance with Item 2, Paragraph 1 to Article 15:
(1) Copy of fish boats or caring institutions purchase or rental evidence documents.
(2) Copy of fish boats or caring institutions revised registration evidence documents.
(3) Original copy of insurer's name list under the Labor Insurance and materials of the Labor Insurance for those domestic workers hired by original employer and those native workers consecutively hired by applicant.
3. Applicants in accordance with Item 3, Paragraph 1 to Article 15:
(1) Copy of factory purchase invoice or rental contract notarized by court.
(2) Copy of factory or corporation revised registration and cancellation evidence documents.
(3) Copy of insurer's name list under the Labor Insurance and materials of the Labor Insurance for those native workers hired by original employer and those domestic workers consecutively hired by applicant.
4. Applicants in accordance with Item 4, Paragraph 1 to Article 15:
(1) Copy of original employer's plant closure or shut-down evidence documents.
(2) Copy of applicant's corporation registration evidence documents.
(3) Copy of construction contract showing that applicant has taken over the original construction project.
5. Applicants in accordance with Item 5, Paragraph 1 to Article 15:
(1) Copy of merge related evidence documents.
(2) Copy of insurer's name list under the Labor Insurance and materials of the Labor Insurance for those domestic workers hired by original employer and those native workers consecutively hired by applicant.
6. Applicants in accordance with Item 6, Paragraph 1 to Article 15:
(1) Copy of Employment Permit Rescinded Letter
(2) Evidence document of consent from both parties about consecutive employment.
7. Applicants in accordance with Item 7, Paragraph 1 to Article 15:
(1) One of Evidence documents as referred to in Item 2, Paragraph 1 to Article 2.
(2) Evidence documents of consent from three parties about consecutive employment.
Article 16-1
Employers continuing to hire foreigners shall bear liability as an employer in accordance with the provisions of this Act, and pay Employment Stabilization Fee, starting from the following dates:
1. Applications in accordance with the provisions of Article 6 start from the day the public employment service agencies issue Consecutive Employment Certificate.
2. Applications in accordance with the provisions of Items 1 to 5 in Paragraph 1 to Article 15 start from the day the events specified in Items 1 to 5 in Paragraph 1 to Article 15 occur.
3. Applications in accordance with the provisions of Items 6 to 7 in Paragraph 1 of Article 15 start from the day the two parties consent to consecutive employment or the three parties consent to consecutive employment.
If the Central Competent Authority issues no Employment Permit to the employers referred to in the preceding Paragraph, the Central Competent Authority shall issue foreigners Consecutive Employment Certificate since the date specified in the preceding Paragraph until the date that no Employment Permit is allowed to issue.
The employers in Paragraph 1 have any situations stipulated in Article 56 of this Act about consecutively employing foreigners starting from the day specified in Paragraph 1 shall comply with the regulations and notify local Competent Authority and Police Authority, and send a copy to the Central Competent Authority. If the notification is made because employment relationship is terminated, the local Competent Authority shall implement the provisions in Paragraph 1 to Article 45 of The Permit and Management Regulation of Employers Hiring Foreigners.
Article 17
Employer of consecutively employment may manage renewed recruitment prior to four months of the Employment Permit expires, in according with The Reviewing Standards and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11, Paragraph 1 to Article 46 of the Employment Service Act. But consecutively employed foreigners who originally had been approved by the Central Competent Authority to work in construction sector, their valid period of consecutively employment is restricted to supplement foreigners' remained employment period of original Employment Permit.
When managing renewed recruiting foreigners in the preceding Paragraph, their renewed recruited foreigners, foreigners who have been hired and the number that have obtained Recruitment Permit, totally shall not exceed the upper limit of proportion or number stipulated by the Central Competent Authority.
After employers have completed the procedures of applying Employment Permit or extension of Employment Permit as referred to in Article 12 or Article 15, if the time had past the period of renewed recruitment, the employers may manage renewed recruitment within four months after they have obtained Employment Permit or extension of Employment Permit.
Article 18
Employer who has not applied in accordance with the designated period as stipulated in the Guideline may submit make-up application within fifteen days after the designated period has expired.
Make-up application as referred to in the preceding Paragraph is limited to once for the same application case.
Article 19
Related forms stipulated in the Guideline shall be proclaimed by the Central Competent Authority.
Article 20
The Guideline shall be in effective starting from the day of promulgation.