Implementation Regulations of Employers' Orientation Program Before Hiring a Foreign Worker to Render Home Care or Household Assistance
1.中華民國一百零五年五月二十六日勞動部勞動發管字第 10505055222 號令訂定發布全文 8 條;並自一百零五年七月一日施行 2.中華民國一百零九年六月二十日勞動部勞動發管字第 10905090631 號 令修正發布第 2、5、8 條條文;並自發布日施行
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The rules are established in accordance with paragraph 2 of article 48-1 of Employment Service Act
1Local employers must complete the employers’ orientation program before hiring a foreign worker to render home care or household assistance for the first time.
2In case that preceding employers hiring home care giver cannot attend the employers’ orientation program, the person who has one of following relationship with the care receiver and live together or exercise management and supervision to home care giver on behalf of the employer may attend the orientation:
31. Spouse
42. Lineal relative
53. Collateral relative within the 3rd degree of kinship or step-parent, stepchild, spouse’s parent or step-parent, child, or step-child’s spouse.
64. Grandparent and grandchild’s spouse, step-grandparent and grandchild, step-grandparent and grandchild’s spouse.
75. When the employer is a care receiver, the person who is entrusted to handle the employment affairs.
8When the employers hiring home care as set forth in paragraph 1 cannot attend the orientation, the person who is a lineal relative or step-parent, step-child, spouse’s parent or step-parent, child, or step-child’s spouse of the care receiver and live together or the person exercise management and supervision to home care giver on behalf of the employer may attend the orientation.
9The persons who attend the orientation on behalf of the employer pursuant to preceding two paragraphs shall provide the certificate or statement for cohabited relative or exercising the management and supervision over the foreign worker on behalf of the employer.
1The orientation program shall be held at least for one hour with content including following items:
21. Laws regarding the employment of foreign workers
32. The disposition of physical check and legal communicable diseases of foreign workers
43. The items to be managed after the foreign worker employed enters the country
54. The protection of rights of foreign workers
65. Other matters regarding the employment and management of foreign workers
1The orientation may be managed by methods as follows:
21. Attendance in person: the participant attend the orientation at public employment service institution
32. Group orientation: for attendees more than 10 people, the group shall attend the orientation at the venue appointed by municipal or county (city) government via reservation
43. Online orientation: the attendees visit the orientation program website established by central competent authority for the orientation
5The orientation program may be processed via film broadcasting or multimedia presentation.
1The attendees shall bring ID card, driver license or national health insurance car such certificates for verification. However, in addition to personal identity certificates, the attendees participating in the orientation pursuant to paragraph 2 and 3 of article 2 shall also present certificates as satisfactory to such regulations.
2Those who attend online orientation shall log in with the certificate which have the identity verification function as issued by competent authorities.
1The unit organizing orientation shall register the attendees completing the orientation in employers’ orientation information system and issue the certificate of completion.
2The certificate of completion of orientation may be exempted for the application of employment permit or consecutive employment certificate made by the employer if the central competent authority may check it online.
The competent authority may designate non-profit organization or other groups with goal of public welfare established or registered pursuant to laws for organizing the orientation.
1These rules shall be effective since July 1, 2016.
2The amendments to the Regulations shall be enforced as of the date of promulgation thereof.