Regulations on the Permission and Administration of the Employment of Foreign Workers Article 26

When an employer receives approval from the Central Competent Authority to re-recruit type B foreign workers, he/she must not bring in or employ type B foreign workers before the original type B foreign workers leaves the Republic of China, other than where the following conditions pertain:1. When an employer agrees to a foreign worker transferring employer or work and the new employer undertakes continued employment of said worker, during the period for which the employment permit is valid.2. When a foreign worker engages in live-in care work and the employer agrees to a transfer of employer or work while the employment permit remains valid, but more than one month after the employment permit is canceled a new employer has not continued the employment of the foreign worker.3. When the validity of a foreign worker’s employment permit ends and the original employer is permitted to continue employment (hereinafter contract completion continued employment).4. When the period for which the foreign worker’s employment permit is valid ends and a new employer receives permission for continued employment (hereinafter contract completion transfer) in accordance with the Employer and Work Transfer Procedures (hereinafter Employer Transfer Rules) for foreign workers engaged in work listed in Subparagraph 8 to 10, Paragraph 1, Article 46, of the Employment Service Act.5. When the departure of a foreign worker is postponed due to detention, criminal penalty, major disease or injury or other reason not attributable to the employer and the Central Competent Authority grants approval.