Laws Information

法規資訊
Title: Regulations on the Permission and Administration of the Employment of Foreign Workers
Am Date: 2018-03-21
Legislative History: Amended on March 21, 2018

Transaction

Amended

Article 12-1
The employer who wants to hire a house nursing caregiver shall go to the medical institutions appointed by Central Competent Authority to apply for a professional assessment of the nursing-needed people.
If the nursing-needed people assessed professionally are considered to possess the qualifications for hiring a foreign caregiver, and there are valid reasons that the native caregiver recommended by the long-term care centre of municipal government and county (city) government cannot offer the demanded requirements, the employer can go to the Central Competent Authority for applying for a foreign caregiver.
If the nursing-needed people have one of the following qualifications,the employer can directly, without the above-mentioned two assessments, apply for a native caregiver recommended by the long-term care centre of municipal government and county (city) government:
1. Possessing a specific Catastrophic Illness Manual or certificate.
2. Corresponding with the regulations of Central Competent Authority that indicates the above-mentioned people don't need a professional assessment by the medical institutions.

Article 33
In order to apply for a work permit, a type C foreign worker shall submit the following documents:
1. Application form(s).
2. Original receipt of the examination fee.
3. Other documents as may be required by the Central Competent Authority.

Article 46
An employer shall, prior to the expiration of the validity of the employment permit(s) of any employed foreign worker(s), go through the necessary procedures on behalf of the employed foreign worker(s) with a view to facilitating the employed foreign worker(s)’s departure from the Republic of China.
Should the employed foreign worker(s) be ordered to depart from the Republic of China due to any of the following reasons, the employer shall, within the specified period, go through the necessary procedures on behalf of the employed foreign worker(s) with a view to facilitating his/her departure. In any case, however, the period, if any, specified by the Entry/Exit Authorities in accordance with the applicable laws and regulations, shall be strictly observed without delay.
1. Employment permit(s) has/have been abolished.
2. The result of the health examination(s) has indicated that the employed foreign worker(s) has/have failed some items in the health examination.
3. The employer has not applied for employment permit(s) in accordance with the applicable laws and regulations or such application has already been rejected.
Within thirty days following the departure of the employed foreign worker as referred to in Paragraphs 1 and 2 of this article, the employer shall submit the name list of the foreign worker(s) who has/have departed and the documents certifying such departure to notify the Central Competent Authority to that effect. However, those foreign worker(s)’s who depart from the Republic of China due to the expiration of the validity of the employment permit(s), or due to the termination of employment notified by the Local Competent Authority shall be excluded from the restriction.