Regulations Governing Employment Transfer Procedures and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Subparagraph 8 to 11 of Paragraph 1 of Article 46 of the Employment Service Act Article 32
1. The total number of foreign workers employed by manufacturing employers, including the number of continued employment workers referenced in Subparagraphs 3 to 7, Paragraph 1, Article 7 and Subparagraph 3, Paragraph 1, Article 17, foreign workers brought in pursuant to the provisions in Paragraph 1 of the preceding Article and measures taken by the Central Competent Authority to verify the ratio of foreigners hired by such employers must comply with the provisions of Addendum 4.2. Employers in the preceding paragraph who do not employ foreign workers pursuant to the provisions of Article 25 of the Review Standards are required to employ at least one domestic worker for every foreign worker they hire per month.3. After an employer has engaged in the continued employment of the first foreign worker referenced in the first paragraph for a period of three months, and every three months thereafter, the Central Competent Authority will, pursuant to the provisions of the preceding two paragraphs, review the ratio or total number of foreign workers and total number of domestic workers employed.4. The number of foreign workers employed, number of domestic workers employed and total employees hired referenced in Paragraph 1 and Paragraph 2 are calculated taking the figure two months prior to the inspection conducted by the Central Competent Authority as the base month. The average number of workers who participated in the Labor Insurance program for the three months prior to the base month is then calculated.5. When manufacturing industry employers with the qualifications detailed in Article 30 of the Review Standards engage in the continued employment of foreign workers pursuant to the provisions of Subparagraphs 3 to 6, Paragraph 1, Article 7 and Subparagraph 3, Paragraph 1, Article 17, the Central Competent Authority will conduct an inspection in accordance with the provisions of the preceding four paragraphs, but also a further review pursuant to the provisions of Addendum 8, Article 34 of the Review Standards as detailed below:1. The total number of foreign workers employed and brought into the Republic of China by employers pursuant to the provisions of Article 24, Article 25, Articles 26 to 28, and Article 31 of the Review Standards.2. The number of new domestic workers employers add to the same Labor Insurance Certificate No., labor insurance salary and labor pension wage contributions should comply with the following regulations:(1) Those in compliance with the provisions of Subparagraph 1, Paragraph 1, Article 30 of the Review Standards: Average of NT$30,300 and above.(2) Those in compliance with the provisions of Subparagraph 2, Paragraph 1, Article 30 of the Review Standards: Average of NT$36,300 and above.(3) Those in compliance with the provisions of Subparagraph 2, Paragraph 1, Article 30 of the Review Standards and based on the provisions of Paragraph 3, Article 31 increase the ratio of foreign workers employed: Average of NT$38,200 and above.(4) Those in compliance with the provisions of Paragraph 2, Article 30 of the Review Standards: Average of NT$33,300 and above.6. When an employer employs foreign workers in excess of the ratio or total number detailed in Paragraph 1 and Subparagraph 1 of the previous paragraph and the number of domestic workers employed fails to meet the standard laid down in Paragraph 2, the Central Competent Authority will issue a notification requiring improvements within a set period of time. If no improvements are made within that time frame or an employer violates the provisions of Subparagraph 2 of the previous paragraph, then pursuant to the provisions of Article 72 of the Act, the employer will have his/her recruitment permit and employment permit for worker’s exceeding the stipulated maximum revoked, and they will be included as part of the total number of foreign workers employed in accordance with Article 15 and Addendum 6, Article 25 of the Review Standards.7. The total number of foreign workers employed by employers pursuant to the provisions of Paragraphs 1 to 5 does not include foreign skilled workers.Addendum 4:Regulations Governing Regular Inspections of Foreign Workers Engaged in Continued Employment in the Manufacturing Industry in Paragraph 1, Article 32.pdf