Article 5 Measures to Safeguard Various Rights Health Examination of Employed Aliens classify aliens into three categories according to the type of job they are employed to perform.141 However, Article 5 of the Regulations stipulates that aliens in the second and third categories, who are relatively more vulnerable, are required to undergo more frequent health examinations.142 In this regard, the MOHW has stated that aliens in the first category mostly come from countries or regions with more advanced socio-economic development and better health conditions, whereas aliens in the second and third categories mostly come from countries or regions with a higher risk of infectious diseases. Therefore, the regulations governing health examinations for different categories of aliens were formulated after a comprehensive assessment that considered the public health situation, 141 1. Category 1 Aliens: Aliens employed to undertake the jobs specified in Subparagraphs 1-6 of Paragraph 1 of Article 46 of the Employment Service Act . 2. Category 2 Aliens: Aliens employed to undertake the jobs specified in Subparagraphs 8-10 of Paragraph 1 of Article 46 of the Employment Service Act . 3. Category 3 Aliens: Aliens employed to undertake the jobs specified in Subparagraph 11 of Paragraph 1 of Article 46 of the Employment Service Act and undertake the jobs specified in Subparagraph 3 of Article 2 of the Regulations on the 142 Permission and Administration of the Employment of Foreign Workers . Article 5 of the Regulations Governing Management of the Health Examination of Employed Aliens states: “The health examination schedule for Category 2 and Category 3 Aliens is as follows: 1. When applying for an entry visa, an applicant shall submit a valid health examination certificate issued within the past three months by an authorized hospital; but for a Category 3 Alien whose country of residence does not have any authorized hospital, the applicant may submit a valid health examination certificate issued by a lawfully established hospital in his/her country of residence within the past three months, together with its Chinese translation authenticated by an R.O.C. overseas mission. 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 30 days before or after the date 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 and Category 3 Aliens who re-enter the country after taking leave pursuant to Paragraph 5 of 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 their occupation and the epidemic situation or specific circumstance of the labor- exporting country, and their employers shall arrange for them to undergo the health examination at a designated hospital. When applying for an employment permit for a Category 3 Alien who works within the territory of the Republic of China, the employer shall submit a valid health examination certificate issued within the past three months by a designated hospital and arrange for the employed alien to undergo periodic health examinations in accordance with Subparagraph 3 of Paragraph 1 hereof.” 79

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