Foreigners hired to perform ocean fishing work, their employer should have one of the following qualifications:
◆ Owners of fishing boats of more than twenty gross tonnage and have fishery licenses issued by the competent authorities for other purposes or other related competent authorities.
◆ Owners of motor boats of less than twenty gross tonnage, and have small boat licenses and fishery licenses issued by the competent authorities for other purposes or other related competent authorities.
◆ Demarcated fishing right holders of cage aquaculture industry who have a license issued by the competent authorities for other purposes or other related competent authorities, or exclusive fishing right holders with a certificate of fishery access for cage aquaculture.
Determinationof the total number of employers engaged in marine fishing work
The total number of foreign workers hired to perform marine fishing or netting work in accordance with Article 9 of Employment Service Act shall include the following and shall be controlled below the number of sailors allowed pursuant to the fishery vessel license.
◆ The number of initial recruitment of foreign workers;
◆ The minimum number of sailors allowed for ocean going or the total number of sailors allowed on the said motor boat; and
◆ The number of foreign workers allowed for recruitment, number of foreign workers granted for recruitment, and number of foreign workers recruited.
The minimum number of sailors allowed for ocean going, or the total number of sailors allowed on the said motor boats, shall be determined by the regulations publicly announced by the competent authorities for other purposes at the central government level and the related stipulations of the Rules Governing the Operations of Small Boats.
When the number of domestic sailors staying on the same fishing boat is more than the minimum number of sailors allowed for ocean going, the number of sailors for ocean going shall be recorded.
The employment of foreign workers to perform marine fishing or netting work as referred to in item 3 of the preceding Article shall comply with the culture area specified on the fishing right permit or certificate of fishery access, where the employer can hire one foreign worker for every half hectare. However, the number of employed foreign workers shall not exceed two-thirds of the total number of employed domestic workers.
The number of domestic employees, described in the former paragraph, is based on the employees insured by the employer one year and two months prior to the insurance registry. If insurance for the workers is not compulsory according to Article 6 of Labor Insurance Regulations, an approved document from the Fishing Authority of municipalities, cities or counties must be submitted as evidence.If the employer engages in cage culture industry with partners, as mentioned in the third paragraph of the former Article and Article 3-1, the partnership should be notarized and the list of partners should be registered by the Fishing Authority of the municipalities, cities or counties. The number of partners can be counted with that of domestic employees as described in the former paragraph.