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Foreign Labor Work Permit
  • Occupation types:
    1. Fishery work
    2. Household care
    3. Manufacturing
    4. Construction
    5. Institutional nursing
    6. Home-based nursing
    7. Translation
    8. Food preparation and related work
  • Work limitations:
    1. The work permits for foreign workers who are invited to come to the Republic of China (ROC) to work in fishing, manufacturing, construction, household care, home-based nursing, institutional nursing, etc. are limited to a maximum of two years.
    2. In the case of foreign workers whose work permits are expiring, employers who need to continue their employment should apply at the Council of Labor Affairs (CLA) under the Executive Yuan to extend their work permits within 60 days before the expiry. The permit for employment can be extended once for a maximum of one year.
    3. Employers engaged in important construction projects in a special situation may again apply at the CLA to extend foreign employees work permits within 60 days of the expiration for a maximum of six months. Those engaged in work, such as food preparation or translation, are permitted to work up to a maximum of three years. Employers needing to continue the employment may apply for an extension before the deadline.
    4. Foreign laborers should leave the country before the expiration of their work permit. Those who have not violated local laws during the term of their work permits may apply to return to Taiwan for employment. The total time spent working in Taiwan by those engage in fishery work, manufacturing, construction, household care, home-based nursing, institutional nursing, etc. should not exceed nine years.
  • Changing employers (cannot change employers without permit):
    1. If, during the time the foreign worker is working in Taiwan, situations arise in which the labor contract is terminated, such as if the employer or the caretaker's patient dies or migrates; the worker cannot continue employment because the employer's boat is seized, sinks or goes under repairs; the employer closes the factory, goes out of business or fails to pay wages accorded by the contract, the employee or their employee must register a change of employer at Council of Labor Affairs, Executive Yuan (CLA).
    2. Foreign workers whose employers can no longer employ them for other reasons for which the worker is not responsible, must apply for approval at the CLA and then register for a change of employer at the local employment service center. When changing employers, the worker should still be engaged in the same type of work as their original employment. (Domestic helpers and caretakers are regarded as the same type of work.)
    3. If the foreign workers are unwilling to change employers or the employer-changing procedure have been processed through the local service center but the foreign workers still cannot find an employer, the original employer should take responsibility for arranging the worker to leave the country. In the event the employers' whereabouts are unclear, the county/city government and the local NIA's service center will jointly handle arrangements for the worker's departure.
    4. In situations in which the employee changes employers during the time working in Taiwan, the worker should ask the new employer to apply to continue the hiring permit with the CLA before the expiration.
  • Notice of related rights:
    1. Questions regarding foreign workers pregnancy:
      • Medical Exam:
        Foreign workers should have medical examinations prior to entering Taiwan, in which pregnancy tests are included as one of the items. If the foreign worker is tested to be positively pregnant, the medical examination is classified as unqualified and is not permitted to work in Taiwan.
      • Employments rights:
        • In the event that a foreign worker becomes pregnant during their time working in Taiwan, the employer can neither terminate the contract for this reason nor force the foreign worker to leave the country.
        • Those foreign workers employed in manufacturing industries, construction industries and all other industries covered by the Labor Standards Law, the same shall give them the guarantee in case of pregnancy. They need to request their employers to give them lighter assignments that are approved by the CLA.
        • For domestic helpers and caretakers who are not covered by the Labor Standards Law, employers could not terminate the contract for reasons of pregnancy. The issue of pregnancy shall be handled by both employer and foreign worker according to the terms in the employment contract. (It is suggested that the article of arbitration be included in the Employment Contract. It is recommended that the Labor Disputes Arbitration Institution is founded by laws.) However, if the employee could no longer do her job because of the pregnancy, the employer could assert to pre-terminate the contract.
        • The jobs that foreign workers have come to Taiwan to assume are often heavy tasks and toilsome. If the foreign worker could no longer continue with the same job due to pregnancy, aside from creating inconvenience to the employer, this might lead to labor disputes and could affect the foreign worker・s condition. The CLA requests foreign workers that are sexually-active, necessary precautions (such as the use of condoms and other contraceptives) should be taken to maintain an protect the foreign worker・s rights.
    2. Change of work location
      • The location of the foreign worker・s employment should be consistent with the address provided on the employment permit.
      • Foreign workers in Taiwan that are engaged in work such as manufacturing or the construction, may relocate to projects or factories of the same employer as assigned by their employer. Those employed as institutional caretakers, may move to hospitals set up by the original institution to which they are employed for work.
      • Foreign workers engaged in work as caretakers may move to a location near their patients to be better able to care for their patients or, during any time their patient is hospitalized, they are subject to accompany the patient to the hospital. If the patient has to be moved to a nursing center, the approval letter of CLA is needed. For each transfer period is no more than 2 months and extendable, but the total accumulated period is no more than 6 months a year. Those who are working as home care may accompany their patients who move and continue their work at the new location.
    3. Must not be engaged in work outside the permit
      • Foreign workers are expected to engage in work that is consistent with the type of employment that is specified on their permit and they may not engage in any work except that has been permitted. Foreign workers engaged in manufacturing must be engaged in types of manufacturing limited to the stipulations of the CLA and must not be engaged in any work that requires a related specialized certificate (such as professional driver or crane operator).
      • Foreign workers working as domestic helpers, under the premises that have been agreed to by the individual, may apply through the employer at the CLA to change their work status to household caretakers.
    4. Placement Fees:
      In order to maintain the standards for reasonable placement fees, the Council of Labor Affairs (CLA) has adopted the following measures:
      • The ROC requests all countries to be clear in setting the Administrative fees and Placement fees, and proposes that the placement fees must not exceed the basic monthly wage.
      • The ROC requests all countries to eliminate the Taiwan Broker・s Fee when setting the Placement Fee, and set the regulation that the Taiwan Broker is not to collect the :Taiwan Broker・s Fee; from foreign workers who obtained the ROC visa after November 9, 2001.
        The Service and Transportation fees paid by foreign workers who obtained the ROC visa after November 9, 2001 should be adjusted accordingly. The total of such fees should not exceed NT$1,800 for the first year, NT$1,700 for the second year, and NT$1,500 for the third year. For those who had worked in Taiwan for more than two years, and have returned to work in Taiwan after the previous employment ceased or the completed of the employment period stipulated on the work permit, and are employed by the same employer, the maximum fees allowed is NT$1,500. The service and transportation fees of the workers who obtained ROC visa before November 9, 2001, then the original rule applies which dictates a maximum of fees of NT$1,000.
      • The Taiwan broker should also sign a Services Contract with the foreign worker. The Services Fee should only be collected after the itemization of services with the corresponding fees agreed upon by both parties.
      • Foreign workers who apply for the ROC visa starting from November 9, 2001 should sign the Fees & Salary Declaration of Taiwan-Bound Workers, which specifies all fees to be paid and wages to be received. After the Affidavit has been verified by the offices that manage the export of foreign workers, it should be shown when the worker applies for the ROC visa. It should then be brought to Taiwan by the foreign worker and be submitted when applying for work permit by the employer.
    5. Foreign Workers' Salary including food and lodging fees:
      • Wages should be paid as stipulated in the contract in accordance with the ROC Labor Standards Law, and should be at a fair and reasonable price. CLA has assessed the average monthly food and lodging expenses per person to calculate a standardized amount. Considering the rights of foreign workers and in respect of market control mechanism, it was suggested that a minimum of NT$5,000 per month shall be taken from the worker's salary as the food and lodging fees. This should only be used as a reference and to be agreed upon by both parties. The employers should not make any unilateral changes to the agreed items. Should the need for revision arise, both employer and foreign worker should agree to the revisions before the items become effective.
      • In the application of the preceding law for those foreign workers who are not covered by the Labor Standards Law like domestic helpers and caretakers, both the employer and foreign worker must include this item in the employment contract to protect the rights of both parties.
  • Foreign workers' representative offices in the ROC
    Foreign workers that have emergencies while in Taiwan or who are involved in a work dispute or are the recipient of sexual harassment can request assistance from their countries' in Taiwan that, after receiving one's case, will immediately transfer it to the CLA for proper action.- List of Foreign Worker Sending Countries Representative Offices in the ROC (check the CLA foreign labor website V Foreign Worker Related Organizations)
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