Q: When industry category employers hire intermediate skilled foreign workers is the maximum level 50% of the total number of workers employed by the business entity? If the business employs white collar workers to engage in specialist or technical work are these excluded from the calculation?

Answer:

(1) Yes. When an industry category (including manufacturing, slaughterhouse and construction sectors) employer applies to hire intermediate skilled foreign workers the Ministry of Labor will check whether the number of foreign workers, including those in the application, account for more than 50% of the total workforce at the business entity or in the construction industry 50% of the number calculated using the project cost manpower demand model. If the number exceeds 50%, deductions will be made from the number of intermediate skilled foreign workers in the hiring application. For example, if the company has a total workforce of 100 and an application has been filed to hire 30 foreign workers and 15 special or technical foreign workers, if the company decides to apply for 6 more intermediate skilled foreign workers, it now has 51 foreign workers and has therefore exceeded the 50% maximum and so will only be allowed to employ 5 more intermediate skilled foreign workers. 
(2) If the total number of foreign workers employed by a business entity exceeds 50%, it can apply to the Ministry of Labor for a special consultation and if the Central Competent Authority and central competent authority for the target business agree, specialist and technical foreign workers can be excluded from the calculation.