Review Standards and Employment Qualifications for Foreign Workers Engaged in Work Specified in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Employment Service Act Article 9

When an employer applies to employ foreign workers to engage in the following work, the total number hired pursuant to the provisions of Subparagraph 1 and Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act and the provisions of the “Regulations on the Qualifications and Permit Management for the Employment of Foreign Skilled Workers” (hereafter Regulations on Foreign Skilled Workers) the total number of workers must not exceed 50 percent of the average number of employees hired per month in the one year period preceding the two months before the date on which the application was filed.1. Manufacturing work or skilled manufacturing work as detailed in the Regulations on Foreign Skilled Workers.2. Slaughterhouse work or skilled slaughterhouse work as detailed in the Regulations on Foreign Skilled Workers.3. Construction work detailed in Article 47-1 or skilled construction work as detailed in the Regulations on Foreign Skilled Workers.4. Waste and resource recycling processing work.5. Hospitality services work.The average number of employees per month mentioned in the above paragraph is calculated based on the number of workers with labor insurance on the same labor insurance certificate number or number of workers with Labor Occupational Accident Insurance. However, this does not include individuals an employer applies to hire based on the provisions in Item 5-1, Subparagraph 3, Article 6, Article 42 and Article 43.When an employer applies to employ foreign workers to engage in construction work detailed in Article 42 and Article 43 or skilled construction work as detailed in the Regulations on Foreign Skilled Workers, the total number employed pursuant to the provisions of Subparagraph 1 or Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act and the Regulations on Foreign Skilled Workers must not exceed 50 percent of the number calculated based on the Project Finance Methodology and Manpower Demand Model. However, this does not apply when the Executive Yuan approves an increase in the foreign worker allocation ratio.After consultation and agreement between the Central Competent Authority and central competent authority in charge of the target business, the number of workers stipulated in Subparagraph 1, Paragraph 1, Article 46 of the Regulations on the Permission and Administration of the Employment of Foreign Workers hired by an employer detailed in the first and above paragraphs, is not included as part of the total number of foreign workers employed.