Regulations Governing Management of the Health Examination of Employed Aliens

2021-12-30
播放模式
手機睡眠
語音選擇
Article 1
This set of Regulations is formulated in accordance with regulations of Paragraph 3 of Article 48 of the Employment Service Act (hereafter referred to as the Act).
Article 2
Terms used in this set of Regulations are defined as follows:
1. Category 1 Aliens: Aliens employed to work on jobs regulated in Subparagraphs 1 through 6 of Paragraph 1, Article 46 of the Act.
2. Category 2 Aliens: Aliens employed to work on jobs regulated in Subparagraphs 8 through 11 of Paragraph 1, Article 46 of the Act.
3. Authorized Hospitals: Overseas hospitals authorized by the central competent health authority to conduct pre-entry health examination of employed aliens.
4. Designated Hospitals: Domestic hospitals designated by the central competent health authority to conduct health examination of employed aliens after entry.
5. DOTS (Directly Observed Treatment Short-course) Services: Medication services of patient observed in person by caregivers assigned by competent health authorities.
Article 3
When applying for employment permits and extending employment permits for Category 1 Aliens other than those regulated in Article 4, employers may be exempt from submitting health examination certificates of personnel of the said Category. For those who intend to work in Taiwan for more than three months, the central competent health authority may announce the health examination certificates to be submitted according to the epidemic situation or the specific circumstance of the countries where they have resided.
Article 4
When applying for employment permits and extending employment permits for Category 1 Aliens working on jobs regulated by Subparagraph 4 of Paragraph 1, Article 46 of the Act, employers shall submit one of the following documents to the central competent authority:
1. Qualified health examination certificate of the said individual issued within the recent three months by a lawfully established hospital in his/her country and endorsed by a physician, together with its Chinese translation authenticated by an R.O.C embassy or representative office. If the aforementioned certifying documents are issued in English, the said individual may be exempted from attaching a Chinese translation of those documents.
2. Qualified health examination certificate of the said individual issued within the recent three months by a designated hospital.
The health examination certificate of the preceding Paragraph shall include the following items of examinations and certificates:
1. Chest X-Ray examination for tuberculosis;
2. Serological test for syphilis;
3. Physical examination;
4. Proof of positive measles and rubella antibody titers or measles and rubella vaccination certificates; Applicants filing for extension of employment permits are exempt from submission;
5. Other examinations deemed necessary by the central competent health authority according to the epidemic situation or the specific circumstance of the country where the individual has resided.
The central competent authority shall not issue employment permits or extension of employment permits to individuals failing any items of the health examination referred to in the preceding Paragraph, except in any of the following circumstances:
1. The individual is unable to submit the vaccination certificates under Subparagraph 4 of the preceding paragraph due to domestic shortage in such vaccines, but has been required by the central competent health authority to receive vaccinations within a given period of time.
2. The individual has a situation set out in Paragraph 2 of Article 7 or Article 9.
Article 5
The schedule for Category 2 Aliens to have health examinations is as follows:
1. When applying for an entry visa, an applicant shall submit his or her health examination certificate issued within the past three months by an authorized hospital;
2. Within three working days after an employed alien's entry, the employer shall arrange for the employed alien to undergo a health examination at a designated hospital; the health examination may be done within an extension of up to three working days if it cannot be arranged in time for some reasons;
3. Within thirty (30) days before or after the days of 6th, 18th and 30th months from the employment permit effective date, the employer shall arrange for the employed alien to undergo a periodic health examination at a designated hospital.
No entry visa will be issued to individuals failing any items of the health examination done before entry under Subparagraph 1 of the preceding paragraph.
For Category 2 Aliens who re-enter the country after taking leave pursuant to Paragraph 5, Article 52 of the Act, the central competent health authority may announce the health examination schedule and items after their re-entry in accordance with the nature of the occupation and the epidemic situation or specific circumstance of the labor-exporting country, and their employers shall arrange for them to undergo a health examination at a designated hospital.
Article 6
Health examination of the preceding Article shall include the following items:
1. Chest X-ray examination for tuberculosis;
2. Examination for Hansen's disease;
3. Serological test for syphilis;
4. Stool examination for intestinal parasites;
5. Physical examination;
6. Proof of positive measles and rubella antibody or measles and rubella vaccination certificates; submission of these documents can be exempted for those undergoing health examination of Subparagraph 2 and 3 of Paragraph 1 of preceding Article;
7. Other examinations deemed necessary by the central competent health authority in accordance with the nature of the occupation and the epidemic situation or the specific circumstance of the labor-exporting country.
Principles concerning the determination and management of items failed during the health examination at designated hospitals are shown in Attachment.
  • Attachment Principles concerning the determination and management of items failed in the health examination at designated hospitals.pdf
Article 7
Upon receiving the health examination certificate of Subparagraph 2 and 3 of Paragraph 1, Article 5 issued by a designated hospital, employers shall forward the certificate to the said Category 2 Alien for safekeeping.
If there are failed items or items requiring a further examination in the health examination of the preceding Paragraph, employers shall arrange for the aliens to have re-examination and treatment according to the following schedule:
1. Chest X-ray examination for tuberculosis: Employed aliens suspected of tuberculosis or diagnosed with a pending result shall visit a designated institution for re-examination within 15 days from the next day after receiving the health examination certificate;
2. Examination for Hansen's disease: Employed aliens suspected of Hansen's disease shall visit a designated institution for re-examination within 15 days from the next day after receiving the health examination certificate;
3. Serological test for syphilis: Obtain a Treatment Completion Certificate within 30 days from the next day after receiving the health examination certificate;
4. Stool examination for intestinal parasites: Obtain a negative re-examination certificate after treatment at a designated hospital within 65 days from the next day after receiving the health examination certificate; for those who are confirmed to be positive for Entamoeba histolytica, shall obtain a negative three-time re-examination certificate after treatment.
Article 8
Employers shall submit the original copy of Re-examination Certificates or Treatment Completion Certificates to the central competent authorities for reference within 15 days from the next day after receiving the Category 2 Aliens’ Re-examination Certificates or Treatment Completion Certificates of the Subparagraph 2, Paragraph 1, Article 5 of the Regulations.
Employers shall submit the following documents to the municipality, county (city) competent health authorities for reference within 15 days from the next day after receiving the Category 2 Aliens’ Re-examination Certificates or Treatment Completion Certificates of the Subparagraph 3, Paragraph 1, Article 5 of the Regulations:
1.The employment permit issued by the central competent authority;
2. An original copy of the Re-examination Certificate or the Treatment Completion Certificates.
Article 9
When an employed alien is diagnosed with tuberculosis, tuberculous pleurisy, or Hansen's disease in a health examination, except for multidrug-resistant tuberculosis, his or her employer shall apply for DOTS by submitting the following documents to the municipal or county (city) health authority within 15 days from the next day after receiving the diagnosis certificate:
1. The certificate of diagnosis; and
2. The employed alien’s consent form to receive the DOTS service arranged by the health authority.
After the employed alien has completed the DOTS medication therapy provided in the preceding paragraph and has been confirmed to complete the treatment by the municipal or county (city) competent health authority, the employed alien is deemed passed.
Article 10
Failure in passing physical examination under Subparagraph 4, Article 73 of the Act refers to any of the following circumstances:
1. The employed alien is confirmed to have multiple drug resistant tuberculosis.
2. The employed alien did not complete vaccinations according to the proviso in Subparagraph 1, Paragraph 3 of Article 4.
3. The employed alien did not complete re-examination according to Paragraph 2 of Article 7 or failed the re-examination.
4. The employed alien has not cooperated with the DOTS services of tuberculosis or Hansen's disease according to Article 9 for more than 15 days cumulatively.
Article 11
When Category 2 Aliens are reissued an employment permit due to change of employer or job, or due to other reasons according to the Act, their employers shall arrange for them to undergo a health examination at a designated hospital within seven (7) days from the next day following the employment permit effective date if they have not undergone a health examination for more than one year.
If their result of the health examination mentioned in the preceding paragraph includes any failed items or if a further examination is needed, Articles 7 through 9 shall be followed.
Article 12
When Category 2 Aliens fail to undergo periodic health examination within the regulated period for reasons, employers shall submit relevant certifying documents to the municipality, county (city) competent health authorities for reference, and may arrange for the employees to undergo the periodic health examination within seven days before or after the reasons disappear.
Article 13
For aliens employed to work on jobs regulated in Subparagraph 7, Paragraph 1 of Article 46 of the Act, for management of their health examination, regulations of Article 8 of the Seafarer Act shall apply.
Article 13-1
When the Central Epidemic Command Center is in operation, the central competent health authority may, according to the needs of domestic epidemic prevention or the epidemic situation of the labor-exporting country, adjust and announce the period of health examinations for Category 2 Aliens under Subparagraphs 2 and 3, Paragraph 1 of Article 5 and Paragraph 1 of Article 11.
When the time between the date of the health examination prescribed by Subparagraph 3, Paragraph 1 of Article 5 and the date of the last health examination prescribed by the preceding paragraph is shorter than three months, the employer may submit the employed alien’s last health examination result to the municipal or county (city) competent health authority to apply for exemption from that health examination seven (7) days before the period of periodic physical examinations provided by Subparagraph 3, Paragraph 1 of Article 5.
Article 14
This set of Regulations shall become effective on the day of promulgation.
Except for Article 13-1, which takes effect on May 19, 2021, articles amended and promulgated on December 30, 2022 shall take effect on January 1, 2022.