Long post, guys, but here is a rough translation of what’s going on. The parts I cut out deal with “laborers” (i.e., caretakers and factory workers, for the most part)…
Guidelines for Employment of Foreign Nationals (Promulgated 13 January 2004)
Chapter I General Principles
Article 1 These regulations are established in accord with the Employment Law (hereinafter called “The Law”), Article 48, Item 2.
Article 2 Terms used in these Regulations are as follow: 1. Class 1 Foreigners: refers to those foreigners employed under Article 46, Clause 1, Items 1 through 6. 2. Class 2 Foreigners: refers to those foreigners employed under Article 46, Clause 1, Items 8 through 11. 3. Class 3 Foreigners: refers to those foreigners employed under Article 51, Type 1 or Type 2. 4. Class 4 Foreigners: refers to those foreigners employed under Article 51, Type 3.
Article 3 The Central Authorities shall consider the condition of the employment market and the nation’s economic development and assess the supply and demand situation with regard to labor in setting quotas and ratios for employment of Class 1 foreigners and for handling domestic bids for work.
Article 4 All international written agreements which are not conceived primarily for the entry into the ROC for the purpose of work shall clearly state the scope of work, number of workers, length of stay and other conditions. Foreigners who are issued entry visas based on these agreements shall be viewed as holding work permits. The length of stay in such cases is limited to 180 days, and an application for extension of visa validity must be made before this period has elapsed, for a maximum extension of 180 days.
Article 5 Foreigners doing the type of work detailed in Article 51, type 3 who enter the ROC on a visa of less than 14 days’ length shall be viewed as holding a work permit. Based on the requirements for resolving emergency problems for the public good, foreign legal entitles or foreign nationals who are in the ROC working at work detailed in Article 46, item 1 type 1 who stay in the ROC for less than 14 days shall likewise be viewed as holding a work permit.
Article 6 Except as set forth in these Regulations or other related regulations, employers of foreign nationals employed to work within the ROC must apply to the Central Authority for issuance of a permit. The Central Authority shall consider the opinion of the Central Authority’s Review before issuing such permission.
Section II: Application for Employment of Type 1 Foreigners
Article 7 Employers making application to employ Type 1 foreigners must prepare the following documentation: 1. Application form. 2. Copies of the ID of the company’s responsible person [fuze ren], company registration certificate, proof of business registration, and any special permits. However, companies not required to attach copies of special permits are not included in these limitations. [Translator’s note: Huh??] 3. Copy of the employment contract. 4. List of names, passport copies and copies of the diplomas of foreigners to be employed. 5. Receipt for handling fee. 6. Other documentation as required by the Central Authority. Employers which are civil organizations shall be required to attached items 1 and 3 through 6 above, as well as copies of the ID of the organization’s responsible person [fuze ren] and the certificate of the organization’s registration. In the case of documents issued outside the ROC the Central Authority may require certification by an ROC mission in the country of issuance.
Article 8 Sixty days prior to the expiration of the period of validity for work permits, the employer must apply for an extension in the case of Type 1 foreigners requiring same, and submit, within that time frame, the documents stipulated in items 1 and 3 through 5 to the Central Authority for their review.
Article 9 Foreigners under Clause 5 who will stay in the ROC more than 15 days but less than 90 days must apply for a work permit within 15 days of entry to the ROC.
Article 10 The Central Authority shall inform the Ministry of Foreign Affairs when issuing or extending a work permit for a Type 1 foreigner.
Article 11 In the following instances, if employers make application to employ a Type 1 foreigner the Central Authority shall not issue or extend a work permit: 1. If false information is provided. 2. If the foreign national cannot pass the health examination as stipulated in the Ministry of Health’s regulations for employment of foreign nationals. 3. If the application does not meet the requirements for applying, and is not updated within the specified period. 4. If application is in violation of the standards set in
Article 46, item 2 of this Law.
Section III: Application for Employment of Type 2 Foreigners
Article 12 Employers making application to employ Type 2 foreigners must first attempt to obtain workers by providing reasonable working conditions and applying to the local public employment service organization. They must further publish a notice for three days in a nationally circulated publication and must run the employment ad for 14 days in said publication. Employers seeking to employ caregivers must advertise for seven days. The foregoing employment advertisements must include the type of work, number of workers sought, skills or qualifications, employer’s name, salary, working hours, location of work, contract duration, benefits and the public employment office, address and phone where individuals may apply. Employers seeking workers under item 1 must advise the union or workers’ organization in their industry and post announcements in a place where such workers would see them.
[more about factory workers, etc…deleted]
Section IV: Application for Employment of Type 3 Foreigners
Article 30 Foreign exchange students under Article 51, Clause 1 of this Law must fulfill the conditions of a foreign student as laid out in the regulations regarding foreign students in the ROC.
Article 31 Foreign students in Article 30 above who have taken two semesters of classes in a department or institute, or who have completed one year or more of language training with good marks and whose schools acknowledge one of the following conditions, may engage in work related to their course of study or language: 1. Students whose financial situation does not allow them to continue their studies, and who can provide concrete evidence to this end. 2. The academic or research organizations at the school the student is studying at require the assistance of foreign exchange students in their work. 3. The student’s course of study require practicum outside the school. Foreign exchange students with special language skills may, with the approval of the Ministry of Education, work part-time as foreign language teachers at university or college language centers or foreign educational institutions in the ROC and are not subject to the foregoing limitations.
Article 32 Overseas Chinese under Article 51, Clause 2 must fulfill the conditions for student status under the regulations for overseas Chinese to return to the ROC for study and guidance. Overseas Chinese from China under Article 51, Clause 2 must fulfill the conditions set forth for status as an Overseas Chinese student from Hong Kong or Macau coming to Taiwan for education.
Article 33 Type 3 foreigners applying for a work permit must prepare the following documentation: 1. Application form. 2. Copy of student ID. 3. Copy of proof of enrollment at an educational institution or language school. 4. Proof of grades from the most recent semester, or grades for a full year in the case of language study. However, foreign students who fulfill the requirements of Article 31, clause 2 are exempt from presenting such documentation. 5. Receipt for handling fee. 6. Other documentation as required by the Central Authority. In addition to having the foregoing documentation checked, foreign students must also attach the related proofs and certificate of special language ability as required in Article 31, clause 1.
Article 34 Type 3 foreigners’ work permits shall have a period of validity of six months. Foreigners working on this type of work permit shall not work more than 16 hours per week with the exception of school vacations.
Article 35 In the following cases, Type 3 foreigners applying work permits shall not have them granted by the Central Authority: 1. If applicant has provided false information. 2. Application does not fulfill requirements, and is not updated in a timely manner.
Section V: Application for Employment of Type 4 Foreigners
Article 36 Employers making application to employ Type 4 foreigners must prepare the following documentation: 1. Application form. 2. Copy of applicant’s ID or the ID of the responsible person of the company, company registration, business registration, factory registration, and special permits or licenses. However, companies not required to attach copies of factory registration or special permits are not included in these limitations. [Translator’s note: Huh??] 3. Copies of employment contract or labor contract. 4. Passport copies for foreign nationals to be employed. 5. Copies of the ARC or PARC of the foreign nationals to be employed. 6. Receipt for handling fee. 7. Other documentation as required by the Central Authority. Employers which are civil organizations shall be required to attached items 1 and 3 through 7 above, as well as copies of the ID of the organization’s responsible person [fuze ren] and the certificate of the organization’s registration.
Article 37 Sixty days prior to the expiration of the period of validity for work permits, the employer must apply for an extension in the case of Type 4 foreigners requiring same, and submit, within that time frame, the documents stipulated in items 1 and 3 through 7 to the Central Authority for their review.
Article 38 Type 4 foreigners who are performing work under Article 51, item 2 of this Law who apply to the Central Authority for a work permit should attach documentation as required in Article 36, clause 1 and clauses 4-7.
Article 39 In the case of employers applying to employ Type 4 foreigners, or foreign nationals applying under Article 51, item 2 for work permits, if one of the following conditions is present, the Central Authority shall not issue or extend a work permit: 1. If false information is provided. 2. Application does not fulfill requirements, and is not updated in a timely manner.
[the rest is mostly about dormitory management and contracts…one interesting point is that it stipulates a contract in Chinese WITH A TRANSLATION into the worker’s native language… :shock: ]