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 7

When an employer applies to continue the employment of a foreign worker, a public employment service agency is required to process applications based on work category and in accordance with the following priorities:1. An employer with a recruitment permit letter, whose care recipient meets the criteria for severe disability and being care-dependent as detailed in Item 8, Article 18 of the Review Standards, can hire foreign workers for the duration of the permit, as long as the quota has not yet been fully met.2. An employer who is eligible to hire foreign workers as stipulated by the Central Competent Authority, where the number of employed foreign workers has not reached the upper limit of the ratio or quota specified in the Review Standards and one of the following situations pertains.(1) Meets the level of severe disability and caregiving dependency announced in Paragraph 8, Article 18 of the Review Standards.(2) Meets the level of severe disability and caregiving dependency announced in Paragraph 5, Article 31 of the Foreign Skilled Worker Regulations.3. Employers with a recruitment permit letter for foreign workers originally engaged in the same work category, can bring in foreign workers as long as the recruitment permit letter remains valid and they have not reached their full quota.For those who continue the employment of foreign nationals to engage in live-in home help work, the cumulative score calculated in accordance with Table 1, Article 12 of the Review Standards must reach 10 points or more.4. Employers who meet the qualifications stipulated by the Central Competent Authority to employ foreign workers, when the workers are engaged in the same type of work, and the number has not reached the ratio or the upper limit of the quota stipulated in the Review Standards or Foreign Skilled Worker Regulations.For those who continue the employment of foreign nationals to engage in live-in home help work, the cumulative score calculated in accordance with Table 1, Article 12 of the Review Standards must reach 10 points or more.5. Employers eligible to bring in foreign workers as long as their recruitment permit letter remains valid who have not reached their full quota.For those who continue the employment of foreign nationals to engage in live-in home help work, the cumulative score calculated in accordance with Table 1, Article 12 of the Review Standards must reach 4 points or more.6. Employers who meet the qualification to employ foreign workers stipulated by the Central Competent Authority, where the number of foreign workers hired has not reached the ratio or upper limit of the quota stipulated in the Review Standards or Foreign Skilled Worker Regulations.For those who continue the employment of foreign nationals to engage in live-in home help work, the cumulative score calculated in accordance with Table 1, Article 12 of the Review Standards must reach 4 points or more.7. Businesses in the manufacturing or construction industries which do not employ foreign workers or where the number of foreign workers hired has not reached the ratio or upper limit of the quota stipulated by the Central Competent Authority, where domestic recruitment has been undertaken pursuant to the provisions of Article 47 of the Act, but failed to meet the applicant’s needs.When an employer applies to continue the employment of a foreign worker engaged in diverse companion and care work detailed in Subparagraph 7, Article 5 of the Review Standards, a public employment services agency should deal with the application in accordance with the provisions of Subparagraph 3 and Subparagraph 5 in the above paragraph. When an employer applies for the continued employment of a foreign worker to engage in foreign skilled work (hereinafter foreign skilled work) listed in Article 5 of the Foreign Skilled Worker Regulations, a public employment service agency shall prioritize the application pursuant to the provisions in Subparagraphs 2, 4 and 6 in the above paragraph.An employer in the manufacturing industry who applies for the continued employment of a foreign worker to engage in manufacturing work in accordance with Article 25-1 of the Review Standards should comply with the regulations stipulated in Subparagraph 4, Paragraph 1; Manufacturing industry employers who apply to continue the employment of a foreign worker engaged in manufacturing work in accordance with Article 25-2 of the Review Standards are required to comply with the provisions of Subparagraph 3 or Subparagraph 5, Paragraph 1.After a public employment service agency determines that applications for continued employment registration referred to in the preceding three paragraphs are consistent with existing regulations, it is required to post necessary information on an information system designated by the Central Competent Authority.Applications for continued employment registration referred to in Paragraphs 1 to 3 are valid for 60 days from the date of registration. If after the valid period expires continued employment is still necessary, registration must be undertaken again.