Regulations on the Work Eligibility, Permission and Administration of Skilled Foreign Workers
2025-12-30
手機睡眠
語音選擇
Chapter 1: General provisions
Article 1
These Regulations are established in accordance with the provisions of Paragraph 2, Article 46 and Paragraph 2, Article 48 of the Employment Service Act (hereinafter “the Act”).
Article 2
The term “foreign skilled worker” used in the Regulations refers to foreign nationals employed to engage in work detailed in Subparagraph 11, Paragraph 1, Article 46 of the Employment Service Act.
Article 3
Employers are required to apply to the Central Competent Authority to employ foreign skilled workers to work in the Republic of China (Taiwan), unless otherwise provided by provisions in the Act or the Regulations.
Before granting the permission referred to in the above paragraph, the Central Competent Authority can consult with the central competent authority for the target industry to review the application and obtain opinions.
Before granting the permission referred to in the above paragraph, the Central Competent Authority can consult with the central competent authority for the target industry to review the application and obtain opinions.
Article 4
The Central Competent Authority can request information necessary to handle the employment and management of foreign skilled workers from relevant agencies (institutions), organizations, legal entities, or individuals.
The central competent authority for the target industry can, within the necessary scope of its statutory duties relating to the employment and management of foreign skilled workers, ask the Central Competent Authority to provide related information, such as a roster of foreign skilled workers given permission to work.
The collection, retention, processing and use of information obtained by the Central Competent Authority and the central competent authority for the target industry detailed in the preceding two paragraphs is required to comply with the provisions of the Personal Data Protection Act.
The central competent authority for the target industry can, within the necessary scope of its statutory duties relating to the employment and management of foreign skilled workers, ask the Central Competent Authority to provide related information, such as a roster of foreign skilled workers given permission to work.
The collection, retention, processing and use of information obtained by the Central Competent Authority and the central competent authority for the target industry detailed in the preceding two paragraphs is required to comply with the provisions of the Personal Data Protection Act.
Chapter 2: Eligibility requirements for employers hiring foreign skilled workers
Section 1: General rules
Article 5
Foreign skilled workers employed to engage in work specially approved pursuant to Paragraph 11, Paragraph 1, Article 46, of the Act can perform the following duties:
1. Bilingual translation work: Engaging in translation work related to counseling and management at private employment services agencies providing cross-border labor brokerage services.
2. Chef and related work: Engaging in food preparation and related work at private employment services agencies providing cross-border labor brokerage services.
3. Manufacturing skilled work: Engaging in product manufacturing skills, the operation of machinery and equipment, and assembly work at manufacturing process factories designated in Article 15.
4. Construction skilled work: Engaging in skilled labor, operation of machinery and equipment, and assembly work on projects designated in Articles 16, 17, or 22.
5. Ocean fishing skilled work: Engaging in ocean fishing work on fishing vessels or in offshore cage aquaculture zones as designated in Article 23.
6. Slaughterhouse skilled work: Engaging in poultry and livestock unloading, tethering, stunning, slaughtering, carcass processing, and packaging at locations designated in Article 25.
7. Outreach agricultural skilled work: Engaging in agricultural, forestry, animal husbandry, or aquaculture skilled work at locations designated as outreach agricultural service contract venues as detailed in Article 26.
8. Agricultural, forestry, animal husbandry, or aquaculture skilled work: Engaging in agricultural, forestry, animal husbandry, or aquaculture work at locations designated in Paragraph 1, Article 29.
9. Institutional caregiving skilled work: Providing daily living support, assistance, and care related work to individuals institutionalized with physical or mental disabilities or patients at institutions or hospitals designated in Article 30.
10. Live-in caregiving skilled work: Providing personal health care services to care recipients in homes designated in Article 31.
11. Diversified companion and care services skilled work: Assigned by a diversified companion and care services pilot services agency evaluated and approved by the Central Competent Authority to provide daily living support, companionship and related work to individuals with disabilities or patients at service locations designated in a service contract.
12. Hospitality service work: Performing housekeeping, cleaning, room reservation services, guest reception, and other duties at legally registered tourist hotels, hotels, and B&B operators.
13. Commercial port ship stevedore or container terminal loading, unloading and handling work: Engaging in the operation of cargo (container) conveyance equipment, loading and unloading equipment assembly and dismantling, ground operations command and dispatch, personnel and vehicle flow control, crane operations, and machinery maintenance at commercial port terminals or container freight stations (CFS).
14. Other work specially approved by the Central Competent Authority in consultation with the related central competent authority for the target industry.
1. Bilingual translation work: Engaging in translation work related to counseling and management at private employment services agencies providing cross-border labor brokerage services.
2. Chef and related work: Engaging in food preparation and related work at private employment services agencies providing cross-border labor brokerage services.
3. Manufacturing skilled work: Engaging in product manufacturing skills, the operation of machinery and equipment, and assembly work at manufacturing process factories designated in Article 15.
4. Construction skilled work: Engaging in skilled labor, operation of machinery and equipment, and assembly work on projects designated in Articles 16, 17, or 22.
5. Ocean fishing skilled work: Engaging in ocean fishing work on fishing vessels or in offshore cage aquaculture zones as designated in Article 23.
6. Slaughterhouse skilled work: Engaging in poultry and livestock unloading, tethering, stunning, slaughtering, carcass processing, and packaging at locations designated in Article 25.
7. Outreach agricultural skilled work: Engaging in agricultural, forestry, animal husbandry, or aquaculture skilled work at locations designated as outreach agricultural service contract venues as detailed in Article 26.
8. Agricultural, forestry, animal husbandry, or aquaculture skilled work: Engaging in agricultural, forestry, animal husbandry, or aquaculture work at locations designated in Paragraph 1, Article 29.
9. Institutional caregiving skilled work: Providing daily living support, assistance, and care related work to individuals institutionalized with physical or mental disabilities or patients at institutions or hospitals designated in Article 30.
10. Live-in caregiving skilled work: Providing personal health care services to care recipients in homes designated in Article 31.
11. Diversified companion and care services skilled work: Assigned by a diversified companion and care services pilot services agency evaluated and approved by the Central Competent Authority to provide daily living support, companionship and related work to individuals with disabilities or patients at service locations designated in a service contract.
12. Hospitality service work: Performing housekeeping, cleaning, room reservation services, guest reception, and other duties at legally registered tourist hotels, hotels, and B&B operators.
13. Commercial port ship stevedore or container terminal loading, unloading and handling work: Engaging in the operation of cargo (container) conveyance equipment, loading and unloading equipment assembly and dismantling, ground operations command and dispatch, personnel and vehicle flow control, crane operations, and machinery maintenance at commercial port terminals or container freight stations (CFS).
14. Other work specially approved by the Central Competent Authority in consultation with the related central competent authority for the target industry.
Article 6
Foreign skilled workers employed to engage in work detailed in Paragraphs 1 and 2 of the above Article are required to meet the following educational and professional qualifications:
1. Foreign skilled workers employed to engage in bilingual translation work detailed in Paragraph 1 of the above Article are required to have graduated from a senior high school or higher in Taiwan or overseas.
2. Foreign skilled workers employed to engage in chef-related work detailed in Paragraph 2 of the above Article are required to have graduated from a senior high school or higher, in Taiwan or overseas, and to have at least one year of work experience.
Foreign skilled workers employed to engage in work detailed in Paragraphs 3 to 11 of the above Article are required to have at least one of the following educational and professional qualifications:
1. Those employed to engage in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act, and who meet any of the following conditions:
(i) Individuals currently employed in such work, with continuous employment of six years or more, or employed by the same employer for a cumulative period of six years or more.
(ii) Individuals previously employed in such work for a cumulative period of six years or more, who after leaving Taiwan returned to work in the country and have cumulative employment of 11 years and six months or more.
(iii) Individuals previously employed in such work for a cumulative 11 years and six months or more who have already left Taiwan.
2. Foreign students, overseas Chinese students, or other ethnic Chinese students (hereinafter “graduated overseas Chinese and foreign students”) who have obtained an associate degree or higher from a college or university in Taiwan.
1. Foreign skilled workers employed to engage in bilingual translation work detailed in Paragraph 1 of the above Article are required to have graduated from a senior high school or higher in Taiwan or overseas.
2. Foreign skilled workers employed to engage in chef-related work detailed in Paragraph 2 of the above Article are required to have graduated from a senior high school or higher, in Taiwan or overseas, and to have at least one year of work experience.
Foreign skilled workers employed to engage in work detailed in Paragraphs 3 to 11 of the above Article are required to have at least one of the following educational and professional qualifications:
1. Those employed to engage in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act, and who meet any of the following conditions:
(i) Individuals currently employed in such work, with continuous employment of six years or more, or employed by the same employer for a cumulative period of six years or more.
(ii) Individuals previously employed in such work for a cumulative period of six years or more, who after leaving Taiwan returned to work in the country and have cumulative employment of 11 years and six months or more.
(iii) Individuals previously employed in such work for a cumulative 11 years and six months or more who have already left Taiwan.
2. Foreign students, overseas Chinese students, or other ethnic Chinese students (hereinafter “graduated overseas Chinese and foreign students”) who have obtained an associate degree or higher from a college or university in Taiwan.
Article 7
Foreign skilled workers brought to Taiwan from overseas to engage in work detailed in Subparagraphs 12 and 13, Article 5, are required to meet at least one of the following educational and professional qualifications:
1. Graduated overseas Chinese and foreign students.
2. Obtained an associate degree or higher from a foreign college or university.
3. Graduated from a foreign senior high school or higher, and have at least two years of related work experience verified by the competent central authority for the target industry.
Foreign skilled workers employed in Tai-wan to engage in work detailed in Subpa-ragraphs 12 and 13, Article 5, are required to meet at least one of the following qualifications:
1. Graduated overseas Chinese and foreign students.
2. Have already engaged in work detailed in Subparagraphs 12 and 13, Article 5, when the employment permit has expired or received approval from the Central Competent Authority to change employer or work.
1. Graduated overseas Chinese and foreign students.
2. Obtained an associate degree or higher from a foreign college or university.
3. Graduated from a foreign senior high school or higher, and have at least two years of related work experience verified by the competent central authority for the target industry.
Foreign skilled workers employed in Tai-wan to engage in work detailed in Subpa-ragraphs 12 and 13, Article 5, are required to meet at least one of the following qualifications:
1. Graduated overseas Chinese and foreign students.
2. Have already engaged in work detailed in Subparagraphs 12 and 13, Article 5, when the employment permit has expired or received approval from the Central Competent Authority to change employer or work.
Article 8
Foreign skilled workers employed to engage in work detailed in Subparagraphs 3 to 13, Article 5, are required to meet the following conditions determined by the Central Competent Authority:
1. Professional certification, training course completion, or accredited practical skills. However, this does not apply to those engaged in work detailed in Subparagraphs 3 to 8 and Subparagraph 10, Article 5, when the salary reaches a specified threshold.
2. Basic salary threshold.
Foreign skilled workers detailed in the preceding paragraph who engage in the following work are also required to meet language proficiency requirements determined by the Central Competent Authority:
1. Work specified in Subparagraphs 9 to 11, Article 5. However, this does not apply to foreign skilled workers engaged in live-in caregiving skilled work detailed in Subparagraph 10 when the salary reaches a specified threshold.
2. Individuals brought to Taiwan to engage in work detailed in Subparagraphs 12 and 13, Article 5.
1. Professional certification, training course completion, or accredited practical skills. However, this does not apply to those engaged in work detailed in Subparagraphs 3 to 8 and Subparagraph 10, Article 5, when the salary reaches a specified threshold.
2. Basic salary threshold.
Foreign skilled workers detailed in the preceding paragraph who engage in the following work are also required to meet language proficiency requirements determined by the Central Competent Authority:
1. Work specified in Subparagraphs 9 to 11, Article 5. However, this does not apply to foreign skilled workers engaged in live-in caregiving skilled work detailed in Subparagraph 10 when the salary reaches a specified threshold.
2. Individuals brought to Taiwan to engage in work detailed in Subparagraphs 12 and 13, Article 5.
Article 9
When an employer applies to employ foreign skilled workers to engage in work detailed in Subparagraphs 3, 4, 6, 12 and 13, Article 5, the total number of workers employed under the provisions of Subparagraph 1 and Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act cannot exceed 50 percent of the average number of employed personnel during the one-year period preceding the period two months prior to the month of application.
The average number of personnel referred to in the above paragraph is calculated based on the number of individuals with labor insurance insured under the same employer labor insurance registration number or the number who have Labor Occupational Accident Insurance. However, when an employer applies to hire foreign skilled workers for work detailed in Subparagraphs 3 to 14, Article 5, at least one person can be employed; Live-in caregiving skilled work detailed in Subparagraph 10, Article 5 is limited to one person.
When an employer applies to hire foreign skilled workers to engage in construction skilled work as detailed in Article 16 or Article 17, the total number of workers employed under Subparagraph 1, and Subparagraphs 8 to 11, Article 46 of the Act cannot exceed 50 percent of the number calculated using the project funding manpower demand model. However, when the Executive Yuan approves an increased allocation ratio for foreign skilled workers this restriction does not apply.
For the purposes of the first and preceding paragraphs, the number of persons hired by the employer under Subparagraph 1, Paragraph 1, Article 46 of the Act can, after receiving special approval from the Central Competent Authority in consultation with the central competent authority for target industry, be excluded from calculations of the total number of foreign skilled workers employed.
The average number of personnel referred to in the above paragraph is calculated based on the number of individuals with labor insurance insured under the same employer labor insurance registration number or the number who have Labor Occupational Accident Insurance. However, when an employer applies to hire foreign skilled workers for work detailed in Subparagraphs 3 to 14, Article 5, at least one person can be employed; Live-in caregiving skilled work detailed in Subparagraph 10, Article 5 is limited to one person.
When an employer applies to hire foreign skilled workers to engage in construction skilled work as detailed in Article 16 or Article 17, the total number of workers employed under Subparagraph 1, and Subparagraphs 8 to 11, Article 46 of the Act cannot exceed 50 percent of the number calculated using the project funding manpower demand model. However, when the Executive Yuan approves an increased allocation ratio for foreign skilled workers this restriction does not apply.
For the purposes of the first and preceding paragraphs, the number of persons hired by the employer under Subparagraph 1, Paragraph 1, Article 46 of the Act can, after receiving special approval from the Central Competent Authority in consultation with the central competent authority for target industry, be excluded from calculations of the total number of foreign skilled workers employed.
Article 10
For foreign skilled workers employed to engage in work detailed in Subparagraphs 3 to 13, Article 5, the allocation ratio for the number of workers an employer can apply to hire, the number of employees hired, and the total number of foreign skilled workers employed will be publicly announced by the Central Competent Authority, based on the nature of the work and characteristics of the industry.
Section 2 Bilingual translation / chef and related work
Article 11
When a foreign skilled worker is employed to engage in bilingual translation work detailed in Subparagraph 1, Article 5, the employer is required to be a private employment services agency engaged in cross-border labor brokerage services.
Article 12
The total number of foreign skilled workers hired by an employer referenced in the above Article to engage in bilingual translation work specified in Subparagraph 1, Article 5 is calculated as follows:
1. The upper limit cannot exceed one-fifth of the number of employees hired by the institution referred to in the above Article.
2. Based on the number of foreign nationals managed by the institution referenced in the above Article, one bilingual translator can be hired for every 50 individuals of the same nationality.
When calculating the number of individuals employed by the institution under Subparagraph 1 of the preceding paragraph, the number enrolled on labor insurance or labor occupational accident insurance on the date the application is filed for an employment permit is used as the basis.
In determining the total number of foreign skilled workers hired by an employer referenced in the above Article to engage in bilingual translation work, the following is included:
1. The number of workers an employer applies to hire.
2. The number of workers already employed.
3. The number of foreign nationals whose employment permit to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act were revoked for reasons attributable to the employer, in the two years prior to the date on which the application was filed.
1. The upper limit cannot exceed one-fifth of the number of employees hired by the institution referred to in the above Article.
2. Based on the number of foreign nationals managed by the institution referenced in the above Article, one bilingual translator can be hired for every 50 individuals of the same nationality.
When calculating the number of individuals employed by the institution under Subparagraph 1 of the preceding paragraph, the number enrolled on labor insurance or labor occupational accident insurance on the date the application is filed for an employment permit is used as the basis.
In determining the total number of foreign skilled workers hired by an employer referenced in the above Article to engage in bilingual translation work, the following is included:
1. The number of workers an employer applies to hire.
2. The number of workers already employed.
3. The number of foreign nationals whose employment permit to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act were revoked for reasons attributable to the employer, in the two years prior to the date on which the application was filed.
Article 13
When a foreign skilled worker is employed to engage in chef and related work detailed in Subparagraph 2, Article 5, the employer is required to be a private employment services agency engaged in cross-border labor brokerage services, commissioned to manage at least 100 foreign nationals of the same nationality engaged in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act.
Article 14
The total number of foreign skilled workers hired by an employer referenced in the above Article to engage in chef and related work specified in Subparagraph 2, Article 5 is calculated as follows:
1. When the employer is commissioned to manage at least 100 but fewer than 200 foreign nationals, it can hire two chefs and one related staff member.
2. When the employer is commissioned to manage at least 200 but fewer than 300 foreign nationals, it can hire three chefs and two related staff members.
3. When the employer is commissioned to manage 300 or more foreign nationals, it can hire an additional chef and related staff member for each additional 100 individuals.
When the foreign nationals an employer is commissioned to manage in the preceding paragraph are different nationalities, each nationality should be counted separately.
In determining the total number of foreign skilled workers hired by an employer referenced in the above Article to engage in chef and related work, the following is be included:
1. The number of workers an employer applies to hire.
2. The number of workers already employed.
3. The number of foreign nationals whose employment permit to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act were revoked for reasons attributable to the employer, in the two years prior to the date on which the application was filed.
1. When the employer is commissioned to manage at least 100 but fewer than 200 foreign nationals, it can hire two chefs and one related staff member.
2. When the employer is commissioned to manage at least 200 but fewer than 300 foreign nationals, it can hire three chefs and two related staff members.
3. When the employer is commissioned to manage 300 or more foreign nationals, it can hire an additional chef and related staff member for each additional 100 individuals.
When the foreign nationals an employer is commissioned to manage in the preceding paragraph are different nationalities, each nationality should be counted separately.
In determining the total number of foreign skilled workers hired by an employer referenced in the above Article to engage in chef and related work, the following is be included:
1. The number of workers an employer applies to hire.
2. The number of workers already employed.
3. The number of foreign nationals whose employment permit to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act were revoked for reasons attributable to the employer, in the two years prior to the date on which the application was filed.
Section 3 Industry skilled work
Article 15
When a foreign skilled worker is employed to engage in manufacturing skilled work detailed in Subparagraph 3, Article 5, the employer’s factory must involve work in abnormal temperatures, dust-heavy environment or with toxic gas, organic solvents, chemical processing, non-automated operations, or other specified processes, and the industry of its main product must be recognized by the central competent authority for the target industry or the Free Trade Port Area management authority as meeting standards prescribed by the Central Competent Authority. If these conditions pertain the employer can apply for an employment permit.
When the factory has the processes designated in the preceding paragraph but is not in an industry prescribed by the Central Competent Authority, the employer can seek special approval through consultation between the Central Competent Authority and the central competent authority for the target industry.
The Central Competent Authority, the central competent authority for the target industry, or the Free Trade Port Area management authority can conduct on-site inspections to determine compliance with the conditions detailed in the preceding two paragraphs.
When the factory has the processes designated in the preceding paragraph but is not in an industry prescribed by the Central Competent Authority, the employer can seek special approval through consultation between the Central Competent Authority and the central competent authority for the target industry.
The Central Competent Authority, the central competent authority for the target industry, or the Free Trade Port Area management authority can conduct on-site inspections to determine compliance with the conditions detailed in the preceding two paragraphs.
Article 16
When a foreign skilled worker is employed to engage in construction skilled work detailed in Subparagraph 4, Article 5, the employer must be a tender winning contractor undertaking public works who has a construction contract with a government agency (institution), independent administrative institution or public enterprise. The employer can apply for an employment permit if it meets one of the following conditions:
1. The total value of the construction contract is NT$100 million or more, and the contract duration is a minimum of 18 months.
2. The total value of the construction contract is NT$50 million or more but less than NT$100 million, and the contract duration is 18 months or more, providing the cumulative total value of other public works contracts undertaken by the same employer is NT$100 million or more. However, total public works contracts undertaken and completed by the same employer with a total value of less than NT$50 million, or a duration of less than 18 months at the time of the employment permit application are not counted as part of the total.
When public works projects detailed in the subparagraphs of the preceding paragraph are commissioned and constructed by a public enterprise, the public enterprise can apply for employment permits.
If the tender winning contractor meets one of the following conditions, and the subcontracting agreement signed with subcontractors complies with the provisions of Paragraph 1, the subcontractor can, with the agreement of the main project agency, apply for employment permits for its subcontracted work:
1. The selected subcontractor is subject to the provisions of Article 36 of the Enforcement Rules of the Government Procurement Act.
2. The subcontractor is a foreign company not engaged in the construction industry, selected as a subcontractor.
For public works projects under Paragraph 1, either the tender winning contractor or its subcontractor can apply for an employment permit, but there can only be one application per project. Once the Central Competent Authority issues the permit, it cannot be changed.
1. The total value of the construction contract is NT$100 million or more, and the contract duration is a minimum of 18 months.
2. The total value of the construction contract is NT$50 million or more but less than NT$100 million, and the contract duration is 18 months or more, providing the cumulative total value of other public works contracts undertaken by the same employer is NT$100 million or more. However, total public works contracts undertaken and completed by the same employer with a total value of less than NT$50 million, or a duration of less than 18 months at the time of the employment permit application are not counted as part of the total.
When public works projects detailed in the subparagraphs of the preceding paragraph are commissioned and constructed by a public enterprise, the public enterprise can apply for employment permits.
If the tender winning contractor meets one of the following conditions, and the subcontracting agreement signed with subcontractors complies with the provisions of Paragraph 1, the subcontractor can, with the agreement of the main project agency, apply for employment permits for its subcontracted work:
1. The selected subcontractor is subject to the provisions of Article 36 of the Enforcement Rules of the Government Procurement Act.
2. The subcontractor is a foreign company not engaged in the construction industry, selected as a subcontractor.
For public works projects under Paragraph 1, either the tender winning contractor or its subcontractor can apply for an employment permit, but there can only be one application per project. Once the Central Competent Authority issues the permit, it cannot be changed.
Article 17
When a foreign skilled worker is employed to engage in construction skilled work detailed in Subparagraph 4, Article 5, the employer can apply for an employment permit if it is undertaking a major privately funded infrastructure project (hereinafter major private infrastructure project) and signs a project contract with a private entity, provided the total value of the individual construction contract is NT$200 million or more and has a minimum contract duration of 18 months. Eligible projects are limited to the following:
1. Public utility projects privately funded and approved on a case-by-case basis.
2. Projects approved to incentivize private investment, approved for private participation in major public construction projects, or public works constructed under the Act for Promotion of Private Participation in Infrastructure Projects.
3. Construction projects building private schools, social welfare institutions, medical institutions, or social housing.
4. Construction projects building factories in major manufacturing investment cases.
When an employer undertakes a major private infrastructure project that meets one of the qualifications detailed in the subparagraphs of the preceding paragraph, and the total value of the project is over NT$100 million but less than NT$200 million, with a project duration of at least 18 months, the employer can apply for an employment permit if the cumulative total value of other major private infrastructure projects undertaken by the same employer is NT$200 million or more.
However, other major private infrastructure projects undertaken and completed by the employer in the previous paragraph with a total project value of less than NT$100 million, or a duration of less than 18 months at the time of the employment permit application are not counted as part of the total.
Applications for permits under the first three paragraphs must be confirmed by the central competent authority for the target industry as meeting the provisions detailed in those paragraphs.
When projects detailed in the subparagraphs of Paragraph 1 are planned or have equipment installation by a private entity, it can apply for an employment permit.
1. Public utility projects privately funded and approved on a case-by-case basis.
2. Projects approved to incentivize private investment, approved for private participation in major public construction projects, or public works constructed under the Act for Promotion of Private Participation in Infrastructure Projects.
3. Construction projects building private schools, social welfare institutions, medical institutions, or social housing.
4. Construction projects building factories in major manufacturing investment cases.
When an employer undertakes a major private infrastructure project that meets one of the qualifications detailed in the subparagraphs of the preceding paragraph, and the total value of the project is over NT$100 million but less than NT$200 million, with a project duration of at least 18 months, the employer can apply for an employment permit if the cumulative total value of other major private infrastructure projects undertaken by the same employer is NT$200 million or more.
However, other major private infrastructure projects undertaken and completed by the employer in the previous paragraph with a total project value of less than NT$100 million, or a duration of less than 18 months at the time of the employment permit application are not counted as part of the total.
Applications for permits under the first three paragraphs must be confirmed by the central competent authority for the target industry as meeting the provisions detailed in those paragraphs.
When projects detailed in the subparagraphs of Paragraph 1 are planned or have equipment installation by a private entity, it can apply for an employment permit.
Article 18
The total number of foreign skilled workers hired by an employer listed in Article 16 to engage in construction skilled work on the same public work project is calculated based on the total project value, project duration, and grading indicators contained in individual construction project contracts, according to a formula designated by the Central Competent Authority. However, if the central competent authority for the target industry considers it necessary to increase the allocation ratio of foreign skilled workers, the approval of the Executive Yuan is required.
The total project value, project duration, and grading indicators referred to in the preceding paragraph must be verified by the project authority for the public work and its superior authority.
The total project value, project duration, and grading indicators referred to in the preceding paragraph must be verified by the project authority for the public work and its superior authority.
Article 19
The total number of foreign skilled workers hired by employers referenced in Article 17 to engage in construction skilled work on the same major privately funded infrastructure project is calculated based on the total project value and project duration detailed in individual construction contracts, according to a formula provided by the Central Competent Authority. However, when a private entity independently plans the construction or installation of equipment, and the individual construction project contract value is less than NT$100 million or the contract duration less than 18 months, it is not included in the calculation.
The total project value and project duration referred to in the preceding paragraph must be verified by the central competent authority for the target industry. However, if no individual construction contract has been signed for the project, the central competent authority for the target industry will determine total construction project value and duration based on the project plan.
The total project value and project duration referred to in the preceding paragraph must be verified by the central competent authority for the target industry. However, if no individual construction contract has been signed for the project, the central competent authority for the target industry will determine total construction project value and duration based on the project plan.
Article 20
When a public works project undertaken by an employer receives a construction period certificate of extension from the project authority, and it is necessary to employ foreign skilled workers during the extended period, the employer is required to apply to the Central Competent Authority for an extension of the employment permit 14 to 120 days prior to the expiration of the original permit.
When a major privately funded economic infrastructure project independently constructed or invested in by a private entity receives a construction period certificate of extension from the central competent authority for the target industry, and it is necessary to employ foreign skilled workers during the extended period, the employer is required to apply to the Central Competent Authority for an extension of the employment permit 14 to 120 days before the original employment permit expires.
The number of foreign skilled workers that can receive an extension of employment under the preceding two paragraphs will be recalculated by the Central Competent Authority in accordance with the formula detailed in Article 18, based on the original construction period plus the extended period. The number cannot exceed the number originally approved by the Central Competent Authority.
The extended employment permit for foreign skilled workers referred to in the first and second paragraphs is limited to the duration of the extended construction period, and including the original employment permit period and extended employment period cannot exceed three years.
When a major privately funded economic infrastructure project independently constructed or invested in by a private entity receives a construction period certificate of extension from the central competent authority for the target industry, and it is necessary to employ foreign skilled workers during the extended period, the employer is required to apply to the Central Competent Authority for an extension of the employment permit 14 to 120 days before the original employment permit expires.
The number of foreign skilled workers that can receive an extension of employment under the preceding two paragraphs will be recalculated by the Central Competent Authority in accordance with the formula detailed in Article 18, based on the original construction period plus the extended period. The number cannot exceed the number originally approved by the Central Competent Authority.
The extended employment permit for foreign skilled workers referred to in the first and second paragraphs is limited to the duration of the extended construction period, and including the original employment permit period and extended employment period cannot exceed three years.
Article 21
When an employer undertaking a public works project still needs to employ foreign skilled workers during the project acceptance inspection period, and the project authority issues a certificate specifying the scheduled project acceptance completion date, the employer is required to apply to the Central Competent Authority for an extension of the employment permit 14 to 120 days prior to the original employment permit expiring.
The number of foreign skilled workers granted an extension of employment under the preceding paragraph cannot exceed 50 percent of the number employed for the project.
In accordance with the relevant regulations, foreign skilled workers reported to the Competent Central Authority as having been absent from work and out of contact without notice for three consecutive days will not be included in the number of skilled foreign workers referred to in the preceding paragraph.
The extended employment permit for foreign skilled workers referred to in the first paragraph is limited to the duration of the scheduled project acceptance inspection period, and combing the original employment permit period and extended employment period cannot exceed three years.
The number of foreign skilled workers granted an extension of employment under the preceding paragraph cannot exceed 50 percent of the number employed for the project.
In accordance with the relevant regulations, foreign skilled workers reported to the Competent Central Authority as having been absent from work and out of contact without notice for three consecutive days will not be included in the number of skilled foreign workers referred to in the preceding paragraph.
The extended employment permit for foreign skilled workers referred to in the first paragraph is limited to the duration of the scheduled project acceptance inspection period, and combing the original employment permit period and extended employment period cannot exceed three years.
Article 22
When a foreign skilled worker is employed to engage in construction skilled work detailed in Subparagraph 4, Article 5, and the employer complies with the provisions of the Construction Industry Act, as long as it is recognized by the central competent authority for the target industry as having undertaken a construction project currently in progress and meets requirements prescribed by the Central Competent Authority, it can apply for an employment permit.
Article 23
When a foreign skilled worker is employed to engage in ocean fishing skilled work detailed in Subparagraph 5, Article 5, the employer is required to meet one of the following conditions:
1. Be a fishing vessel operator with a vessel of 20 gross tonnage or more and hold a fishing vessel license issued by the competent authority for the target industry.
2. Be a fishing vessel operator with a vessel of less than 20 gross tonnage and hold a fishery license issued by the competent authority for the target industry.
3. Have a fishing industry rights license for a cage aquaculture area issued by the competent authority for the target industry, or a cage aquaculture fishing access certificate issued by the exclusive fishery rights holder.
1. Be a fishing vessel operator with a vessel of 20 gross tonnage or more and hold a fishing vessel license issued by the competent authority for the target industry.
2. Be a fishing vessel operator with a vessel of less than 20 gross tonnage and hold a fishery license issued by the competent authority for the target industry.
3. Have a fishing industry rights license for a cage aquaculture area issued by the competent authority for the target industry, or a cage aquaculture fishing access certificate issued by the exclusive fishery rights holder.
Article 24
In determining the total number of foreign skilled workers employed by employers detailed in Subparagraphs 1 and 2 of the above Article to engage in ocean fishing skilled work, the following numbers will be included, and the total cannot exceed the number of crew listed on the fishing vessel license:
1. The number of workers an employer applies to hire.
2. The minimum required number of senior crew members for going to sea, or the required crew complement for a motorized fishing vessel of less than 20 gross tonnage should be at least one person.
3. The number of workers already employed.
4. The number of foreign nationals whose employment permit to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act was revoked for reasons attributable to the employer, in the two years prior to the date on which the application was filed.
The minimum number of senior crew required to go to sea and the required crew complement for a motorized fishing vessel with under 20 gross tonnage, detailed in the preceding paragraph, will be determined by regulations announced by the central competent authority for the target industry and related provisions of the Regulations on the Management of Crew Members of Fishing Vessels.
When the number of domestic crew going to sea on the same fishing vessel exceeds the above minimum required, the actual number of crew will be counted.
1. The number of workers an employer applies to hire.
2. The minimum required number of senior crew members for going to sea, or the required crew complement for a motorized fishing vessel of less than 20 gross tonnage should be at least one person.
3. The number of workers already employed.
4. The number of foreign nationals whose employment permit to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act was revoked for reasons attributable to the employer, in the two years prior to the date on which the application was filed.
The minimum number of senior crew required to go to sea and the required crew complement for a motorized fishing vessel with under 20 gross tonnage, detailed in the preceding paragraph, will be determined by regulations announced by the central competent authority for the target industry and related provisions of the Regulations on the Management of Crew Members of Fishing Vessels.
When the number of domestic crew going to sea on the same fishing vessel exceeds the above minimum required, the actual number of crew will be counted.
Article 25
When a foreign skilled worker is employed to engage in slaughterhouse skilled work detailed in Subparagraph 6, Article 5, and the employer is engaged in the slaughter of poultry or livestock, carcass processing, portioning, packaging and related work, and is recognized by the central competent authority for the target industry as meeting prescribed requirements, the employer can apply for an employment permit.
The Central Competent Authority and the central competent authority for the relevant industry can conduct on-site inspections in accordance with the provisions of the preceding paragraph.
The Central Competent Authority and the central competent authority for the relevant industry can conduct on-site inspections in accordance with the provisions of the preceding paragraph.
Article 26
When a foreign skilled worker is employed to engage in outreach agricultural skilled work detailed in Subparagraph 7, Article 5, the employing agricultural association, fisheries association, cooperative related to agriculture, forestry, fisheries, or livestock, or a non-profit organization, can apply for an employment permit.
For foreign skilled workers engaged in outreach agricultural skilled work, the service contract must be performed at a site where actual agricultural, forestry, livestock, or aquaculture skilled work is conducted.
When an employer has hired foreign nationals to engage in any of the following types of work, it cannot apply to use outreach agricultural skilled services:
1. Ocean fishing work under Subparagraph 8, Paragraph 1, Article 46 of the Act, or ocean fishing skilled work under Subparagraph 5, Article 5.
2. Manufacturing work under Subparagraph 10, Paragraph 1, Article 46 of the Act, or manufacturing skilled work detailed in Subparagraph 3, Article 5.
3. Slaughterhouse work under Subparagraph 10, Paragraph 1, Article 46 of the Act, or slaughterhouse skilled work detailed in Subparagraph 6, Article 5.
4. Agricultural, forestry, livestock, or aquaculture work under Subparagraph 10, Paragraph 1, Article 46 of the Act, or agricultural, forestry, livestock, or aquaculture skilled work detailed in Subparagraph 8, Article 5.
For foreign skilled workers engaged in outreach agricultural skilled work, the service contract must be performed at a site where actual agricultural, forestry, livestock, or aquaculture skilled work is conducted.
When an employer has hired foreign nationals to engage in any of the following types of work, it cannot apply to use outreach agricultural skilled services:
1. Ocean fishing work under Subparagraph 8, Paragraph 1, Article 46 of the Act, or ocean fishing skilled work under Subparagraph 5, Article 5.
2. Manufacturing work under Subparagraph 10, Paragraph 1, Article 46 of the Act, or manufacturing skilled work detailed in Subparagraph 3, Article 5.
3. Slaughterhouse work under Subparagraph 10, Paragraph 1, Article 46 of the Act, or slaughterhouse skilled work detailed in Subparagraph 6, Article 5.
4. Agricultural, forestry, livestock, or aquaculture work under Subparagraph 10, Paragraph 1, Article 46 of the Act, or agricultural, forestry, livestock, or aquaculture skilled work detailed in Subparagraph 8, Article 5.
Article 27
Employers detailed in Paragraph 1 of the above Article are required to submit outreach agricultural service plans to the central competent authority for the target industry.
The above agricultural service plan should include the following:
1. Certified documentation proving the employer’s qualifications.
2. Planning for services to be provided, items charged for and cost, contract template etc.
3. Planning for agricultural workforce allocation, supervision and training mechanisms.
4. Other information related to outreach agricultural services.
Once the outreach agricultural service plan is approved by the central competent authority for the target industry, the employer is required to proceed in accordance with the approved plan.
The above agricultural service plan should include the following:
1. Certified documentation proving the employer’s qualifications.
2. Planning for services to be provided, items charged for and cost, contract template etc.
3. Planning for agricultural workforce allocation, supervision and training mechanisms.
4. Other information related to outreach agricultural services.
Once the outreach agricultural service plan is approved by the central competent authority for the target industry, the employer is required to proceed in accordance with the approved plan.
Article 28
The Central Competent Authority and central competent authority for the target industry can conduct on-site inspections in accordance with the provisions of the above two Articles.
If any of the following circumstances pertain, the Central Competent Authority will revoke the employer’s employment permit in part or in full, in accordance with Article 72 of the Act:
1. Sending foreign skilled workers to engage in outreach agricultural skilled work at sites that do not conduct agricultural, forestry, livestock, or aquaculture skilled work, and failing to rectify the situation within a designated period of time.
2. Violating related laws or failing to comply with the approved outreach agricultural service plan, with the violation determined to be serious by the central competent authority for the target industry or the Central Competent Authority.
3. Mismanagement or causing significant harm to the public interest.
If any of the following circumstances pertain, the Central Competent Authority will revoke the employer’s employment permit in part or in full, in accordance with Article 72 of the Act:
1. Sending foreign skilled workers to engage in outreach agricultural skilled work at sites that do not conduct agricultural, forestry, livestock, or aquaculture skilled work, and failing to rectify the situation within a designated period of time.
2. Violating related laws or failing to comply with the approved outreach agricultural service plan, with the violation determined to be serious by the central competent authority for the target industry or the Central Competent Authority.
3. Mismanagement or causing significant harm to the public interest.
Article 29
Foreign skilled workers employed at the locations detailed in Subparagraph 8, Article 5, engaging in agricultural, forestry, animal husbandry, or aquaculture skilled work, must be employed by an employer engaged in one of the following:
1. Operating a livestock farm that engages in the management of livestock and poultry, breeding, milking, egg collection, farm environment maintenance, waste treatment and recycling, feed preparation, disease prevention and control, and other livestock-related work.
2. Cultivating vegetables, flowers, seedlings, fruit trees, grains, industrial crops, turf, sprouts, and edible mushrooms, as well as protected agriculture-related work. This does not include the cultivation of betel nut, betel vine, or tobacco related work.
3. Engaging in seedling cultivation, afforestation and forest tending, and logging related work.
4. Engaging in aquaculture operations related to the management, breeding, harvesting of aquatic products, maintenance of aquaculture environments, and other aquaculture-related work.
5. Operating other agriculture, forestry, animal husbandry, or aquaculture industries designated by the Central Competent Authority in consultation with the central competent authority for the target industry.
Employers recognized by the central competent authority for the target industry as meeting related requirements can apply for an employment permit.
1. Operating a livestock farm that engages in the management of livestock and poultry, breeding, milking, egg collection, farm environment maintenance, waste treatment and recycling, feed preparation, disease prevention and control, and other livestock-related work.
2. Cultivating vegetables, flowers, seedlings, fruit trees, grains, industrial crops, turf, sprouts, and edible mushrooms, as well as protected agriculture-related work. This does not include the cultivation of betel nut, betel vine, or tobacco related work.
3. Engaging in seedling cultivation, afforestation and forest tending, and logging related work.
4. Engaging in aquaculture operations related to the management, breeding, harvesting of aquatic products, maintenance of aquaculture environments, and other aquaculture-related work.
5. Operating other agriculture, forestry, animal husbandry, or aquaculture industries designated by the Central Competent Authority in consultation with the central competent authority for the target industry.
Employers recognized by the central competent authority for the target industry as meeting related requirements can apply for an employment permit.
Section 4 Social welfare skilled work
Article 30
Foreign skilled workers employed to engage in institutional care work as designated in Subparagraph 9, Article 5 must be hired by an employer that meets one of the following conditions:
1. Long-term care, nursing, or convalescent institutions, or social welfare foundations, that house and take care of individuals with moderate to severe physical or mental disabilities, psychiatric patients, or those with dementia.
2. Nursing homes, chronic care hospitals, or general hospitals, hospitals, or specialized hospitals with chronic care beds or respiratory care beds.
3. Residential long-term care type institutions established in accordance with the provisions of the Long-Term Care Services Act.
1. Long-term care, nursing, or convalescent institutions, or social welfare foundations, that house and take care of individuals with moderate to severe physical or mental disabilities, psychiatric patients, or those with dementia.
2. Nursing homes, chronic care hospitals, or general hospitals, hospitals, or specialized hospitals with chronic care beds or respiratory care beds.
3. Residential long-term care type institutions established in accordance with the provisions of the Long-Term Care Services Act.
Article 31
Care recipients looked after by foreign skilled workers employed in homes to engage in live-in caregiving skilled work detailed in Subparagraph 10, Article 5 are required to meet one of the following conditions:
1. Must meet one of the specific types of disabilities or disability assessment categories.
2. Individuals who, based on a professional assessment conducted by a team from a medical institution, meet one of the following conditions:
(a) Under 80 years of age and determined to require full-time care.
(b) 80 years of age or older and determined to be heavily dependent on care.
(c) 85 years of age or older and determined to be moderately dependent on care.
3. Individuals who meet the provisions of Article 7 and Addendum 4 of Article 9, of the Long-Term Care Service Application and Benefit Guidelines, and have received various government-subsidized home care services, day care services, or family-based care services continuously for six months or more.
4. Individuals for whom a physician has issued a diagnosis certificate indicating they meet conditions or diseases specified by the Central Competent Authority.
When a care recipient detailed in the preceding paragraph has, within the past year, received live-in care services from a foreign care worker under the provisions of Subparagraph 9, Paragraph 1, Article 46, or live-in caregiving skilled services under the provisions of Subparagraph 10, Article 5 of the Act, an employer can apply to hire foreign skilled workers to engage in live-in caregiving skilled work.
When a care recipient not covered by the first two paragraphs is 80 years of age or older, the employer can apply for a foreign skilled worker to engage in live-in caregiving skilled work by presenting certified proof of identity.
Individuals who have already applied for home help using the points system in Article 12 of the Review Standards and Employment Qualifications for Foreign Workers Engaging in Work Specified in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Employment Service Act are not considered eligible care recipients under the preceding paragraph.
The specific disabilities, disability assessment categories, and care recipient level of impairment or care dependency detailed in Paragraph 1 and Paragraph 3 will be announced by the Central Competent Authority.
Medical facilities specified in Subparagraph 2, Paragraph 1 will be announced by the Central Competent Authority in consultation with the central competent health and welfare authority.
The professional assessment methods detailed in Subparagraph 2, Paragraph 1 will be established by the central competent health and welfare authority.
1. Must meet one of the specific types of disabilities or disability assessment categories.
2. Individuals who, based on a professional assessment conducted by a team from a medical institution, meet one of the following conditions:
(a) Under 80 years of age and determined to require full-time care.
(b) 80 years of age or older and determined to be heavily dependent on care.
(c) 85 years of age or older and determined to be moderately dependent on care.
3. Individuals who meet the provisions of Article 7 and Addendum 4 of Article 9, of the Long-Term Care Service Application and Benefit Guidelines, and have received various government-subsidized home care services, day care services, or family-based care services continuously for six months or more.
4. Individuals for whom a physician has issued a diagnosis certificate indicating they meet conditions or diseases specified by the Central Competent Authority.
When a care recipient detailed in the preceding paragraph has, within the past year, received live-in care services from a foreign care worker under the provisions of Subparagraph 9, Paragraph 1, Article 46, or live-in caregiving skilled services under the provisions of Subparagraph 10, Article 5 of the Act, an employer can apply to hire foreign skilled workers to engage in live-in caregiving skilled work.
When a care recipient not covered by the first two paragraphs is 80 years of age or older, the employer can apply for a foreign skilled worker to engage in live-in caregiving skilled work by presenting certified proof of identity.
Individuals who have already applied for home help using the points system in Article 12 of the Review Standards and Employment Qualifications for Foreign Workers Engaging in Work Specified in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Employment Service Act are not considered eligible care recipients under the preceding paragraph.
The specific disabilities, disability assessment categories, and care recipient level of impairment or care dependency detailed in Paragraph 1 and Paragraph 3 will be announced by the Central Competent Authority.
Medical facilities specified in Subparagraph 2, Paragraph 1 will be announced by the Central Competent Authority in consultation with the central competent health and welfare authority.
The professional assessment methods detailed in Subparagraph 2, Paragraph 1 will be established by the central competent health and welfare authority.
Article 32
When a foreign skilled worker is employed to engage in live-in caregiving skilled work specified in Subparagraph 10, Article 5, the employer and the care recipient must have one of the following familial relationships:
1. Spouse.
2. Direct blood relative.
3. Collateral relative within the third degree of kinship.
4. Stepparent, stepchild, parents or stepparents of a spouse, spouse of a child or stepchild.
5. Grandparents and the spouse of a grandchild; step-grandparents and grandchildren; step-grandparents and the spouse of a grandchild.
When the employer or care recipient is a foreign national, they must have received approval from the competent authority to reside in the Republic of China (Taiwan).
If the care recipient has no relatives in Taiwan, or in special circumstances approved on a case-by-case basis by the Central Competent Authority, a person without a family relationship to the care recipient can serve as the employer, or the care recipient can apply to employ a foreign skilled worker as the employer. However, if the care recipient acts as the employer, a person with legal capacity must be designated to fulfill the employer’s responsibilities if the care recipient is unable to do so.
For foreign skilled workers detailed in the provisions of Item 3, Subparagraph 1, Paragraph 2, Article 6 who engage in live-in caregiving work in Subparagraph 10, Article 5, the employer must meet one of the following conditions:
1. The employer previously employed the same foreign national to engage in live-in care work in accordance with Subparagraph 9, Paragraph 1, Article 46 of the Act.
2. The employer has a close familial relationship with the former employer of the foreign national as detailed in Paragraph 1.
3. The employer has a familial relationship with the care recipient previously cared for by the foreign national, as detailed in Paragraph 1.
4. The employer is the care recipient previously cared for by the foreign national and meets the conditions detailed in the preceding paragraph.
5. The employer has no familial relationship with the care recipient previously cared for by the foreign national but meets the conditions detailed in the preceding paragraph.
1. Spouse.
2. Direct blood relative.
3. Collateral relative within the third degree of kinship.
4. Stepparent, stepchild, parents or stepparents of a spouse, spouse of a child or stepchild.
5. Grandparents and the spouse of a grandchild; step-grandparents and grandchildren; step-grandparents and the spouse of a grandchild.
When the employer or care recipient is a foreign national, they must have received approval from the competent authority to reside in the Republic of China (Taiwan).
If the care recipient has no relatives in Taiwan, or in special circumstances approved on a case-by-case basis by the Central Competent Authority, a person without a family relationship to the care recipient can serve as the employer, or the care recipient can apply to employ a foreign skilled worker as the employer. However, if the care recipient acts as the employer, a person with legal capacity must be designated to fulfill the employer’s responsibilities if the care recipient is unable to do so.
For foreign skilled workers detailed in the provisions of Item 3, Subparagraph 1, Paragraph 2, Article 6 who engage in live-in caregiving work in Subparagraph 10, Article 5, the employer must meet one of the following conditions:
1. The employer previously employed the same foreign national to engage in live-in care work in accordance with Subparagraph 9, Paragraph 1, Article 46 of the Act.
2. The employer has a close familial relationship with the former employer of the foreign national as detailed in Paragraph 1.
3. The employer has a familial relationship with the care recipient previously cared for by the foreign national, as detailed in Paragraph 1.
4. The employer is the care recipient previously cared for by the foreign national and meets the conditions detailed in the preceding paragraph.
5. The employer has no familial relationship with the care recipient previously cared for by the foreign national but meets the conditions detailed in the preceding paragraph.
Article 33
When a foreign national is employed by an employer referenced in the above Article to engage in live-in care work based on the provisions of Subparagraph 9, Paragraph 1, Article 46 of the Act, or live-in caregiving skilled work in Subparagraph 10, Article 5, only one foreign worker can be employed for the same care recipient. However, if any of the following circumstances pertain, one additional foreign worker can be employed:
1. The proof of disability certificate indicates the individual is in a vegetative state.
2. A professional medical diagnosis assesses the individual as scoring zero on the Barthel Index, and the condition is assessed as unlikely to improve within six months.
In determining the total number of foreign nationals employed in the preceding paragraph, the following numbers should be included:
1. The number of foreign nationals applied for in an initial recruitment.
2. The number of foreign nationals for whom recruitment permits can be applied, the number for whom recruitment permits have been obtained, and the number of foreign nationals already employed.
3. The number of foreign nationals whose employment permits have been revoked, who have been approved to transfer employers or work but have not yet had their employment continued by a new employer or have departed the country. However, this does not include those whose employment permits were revoked more than one month earlier who have not yet been employed by a new employer.
4. The number of foreign nationals whose employment permits to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act were revoked within two years prior to the date of the application for reasons attributable to the employer.
1. The proof of disability certificate indicates the individual is in a vegetative state.
2. A professional medical diagnosis assesses the individual as scoring zero on the Barthel Index, and the condition is assessed as unlikely to improve within six months.
In determining the total number of foreign nationals employed in the preceding paragraph, the following numbers should be included:
1. The number of foreign nationals applied for in an initial recruitment.
2. The number of foreign nationals for whom recruitment permits can be applied, the number for whom recruitment permits have been obtained, and the number of foreign nationals already employed.
3. The number of foreign nationals whose employment permits have been revoked, who have been approved to transfer employers or work but have not yet had their employment continued by a new employer or have departed the country. However, this does not include those whose employment permits were revoked more than one month earlier who have not yet been employed by a new employer.
4. The number of foreign nationals whose employment permits to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act were revoked within two years prior to the date of the application for reasons attributable to the employer.
Article 34
During the duration of an employment permit for a foreign skilled worker engaged in live-in caregiving skilled work detailed in Subparagraph 10, Article 5, if the Competent Central Authority determines the employer has violated the provisions of Subparagraph 3, Article 57 of the Act, it can order the employer, within a set period of time, to arrange for the care recipient to undergo a new professional evaluation at a designated medical facility in accordance with regulations, or to resubmit a certified diagnostic certificate issued by a doctor.
If the employer fails to comply within the time limit detailed in the notification from the Central Competent Authority, or if, following professional evaluation and diagnosis, the care recipient no longer meets the qualifications in Paragraph 1, Article 31 or Paragraph 1 of the above Article, the Central Competent Authority will revoke the employer’s employment permit in part or in full, in accordance with the provisions of Article 72 of the Act.
If the employer fails to comply within the time limit detailed in the notification from the Central Competent Authority, or if, following professional evaluation and diagnosis, the care recipient no longer meets the qualifications in Paragraph 1, Article 31 or Paragraph 1 of the above Article, the Central Competent Authority will revoke the employer’s employment permit in part or in full, in accordance with the provisions of Article 72 of the Act.
Article 35
When an employer applies to hire a foreign skilled worker to engage in live-in caregiving skilled work detailed in Subparagraph 10, Article 5, the care recipient is exempted from the professional evaluation by a medical facility required in Subparagraph 2, Paragraph 1, Article 31 when any of the following circumstances pertain:
1. The care recipient has obtained a proof of disability certificate and is exempt from reassessment, in accordance with the provisions of Article 6 and Article 14 of the Disabilities Rights Protection Act.
2. The same care recipient has previously been cared for by a foreign national engaged in live-in caregiving work detailed in Subparagraph 9, Paragraph 1, Article 46 of the Act or live-in caregiving skilled work referenced in Subparagraph 10, Article 5, and is 75 years of age or older.
1. The care recipient has obtained a proof of disability certificate and is exempt from reassessment, in accordance with the provisions of Article 6 and Article 14 of the Disabilities Rights Protection Act.
2. The same care recipient has previously been cared for by a foreign national engaged in live-in caregiving work detailed in Subparagraph 9, Paragraph 1, Article 46 of the Act or live-in caregiving skilled work referenced in Subparagraph 10, Article 5, and is 75 years of age or older.
Article 36
When a foreign skilled worker is employed to engage in diversified companionship and care service skilled work detailed in Subparagraph 11, Article 5, the employer is required to be a foundation (juridical person) or a non-profit incorporated association legally established or registered for five years or longer.
Article 37
An employer referenced in the above Article is required to submit a diversified companionship and care service plan in accordance with program requirements and time period established by the Central Competent Authority.
The diversified companionship and care service plan mentioned in the previous paragraph should include the following:
1. Certified documentation attesting to the employer’s qualifications.
2. Plans relating to service provision, fee charging items and amounts, and a contract template.
3. Plans for number and allocation of personnel, as well as supervision and education/training mechanisms.
4. Other diversified companionship and care service-related information.
When the diversified companionship and care service plan is approved by the Central Competent Authority, the employer and the foreign skilled worker are required to adhere to the approved plan and the content of the service contract.
The diversified companionship and care service plan mentioned in the previous paragraph should include the following:
1. Certified documentation attesting to the employer’s qualifications.
2. Plans relating to service provision, fee charging items and amounts, and a contract template.
3. Plans for number and allocation of personnel, as well as supervision and education/training mechanisms.
4. Other diversified companionship and care service-related information.
When the diversified companionship and care service plan is approved by the Central Competent Authority, the employer and the foreign skilled worker are required to adhere to the approved plan and the content of the service contract.
Article 38
The competent authority can conduct on-site inspections relating to matters detailed in the above two Articles.
When any of the following circumstances pertain, the Central Competent Authority will revoke the employer’s employment permit, in part or in full, in accordance with the provisions of Article 72 of the Act:
1. When the provisions of Paragraph 3 of the above Article are violated and the Central Competent Authority determines the violation is serious, or the employer fails to make improvements within a set period of time.
2. When related labor laws and regulations are violated and the Central Competent Authority determines the violation to be serious.
3. When operations are mismanaged or serious harm is caused to the public interest.
When any of the following circumstances pertain, the Central Competent Authority will revoke the employer’s employment permit, in part or in full, in accordance with the provisions of Article 72 of the Act:
1. When the provisions of Paragraph 3 of the above Article are violated and the Central Competent Authority determines the violation is serious, or the employer fails to make improvements within a set period of time.
2. When related labor laws and regulations are violated and the Central Competent Authority determines the violation to be serious.
3. When operations are mismanaged or serious harm is caused to the public interest.
Section 5: Hospitality service work and commercial port cargo handling, distribution operations and other work
Article 39
An employer who brings foreign skilled workers from overseas to the Republic of China (Taiwan), or employs them domestically in accordance with Subparagraph 2, Paragraph 2, Article 7, to engage in work detailed in Subparagraph 12 and Subparagraph 13, Article 5, is required to comply with the following regulations:
1. Starting from the month (or second month) following the issuance of the employment permit, the employer will, based on the number of workers on the permit, increase the total monthly salary of full-time local employees at the lowest labor insurance or occupational accident insurance contribution grade to at least the amount designated by the Central Competent Authority. After the increase, the adjustment cannot be to the detriment of employees.
2. The increase in the total monthly salary of full-time local employees in the previous paragraph will be reported to adjust the monthly insurance contribution grade by at least one level in accordance with the law. However, when the contribution grade in the month the employment permit is issued is at level 1 of the insured salary grade under the Labor Insurance Salary Grade Table, it should be raised to at least level 3.
When the employer increases the total monthly salary of full-time local employees in accordance with the above provisions, the calculation will be based on the insurance contribution grade for the month two months prior, as recorded in the labor insurance or occupational accident insurance contribution table, when submitting the application in accordance with the provisions of Article 57.
If an employer’s qualification to file applications under Article 57 is verified, the maximum number of employees that can be applied for is 10% of the average number employed by the employer during the year preceding the two-month period prior to the month of the application.
1. Starting from the month (or second month) following the issuance of the employment permit, the employer will, based on the number of workers on the permit, increase the total monthly salary of full-time local employees at the lowest labor insurance or occupational accident insurance contribution grade to at least the amount designated by the Central Competent Authority. After the increase, the adjustment cannot be to the detriment of employees.
2. The increase in the total monthly salary of full-time local employees in the previous paragraph will be reported to adjust the monthly insurance contribution grade by at least one level in accordance with the law. However, when the contribution grade in the month the employment permit is issued is at level 1 of the insured salary grade under the Labor Insurance Salary Grade Table, it should be raised to at least level 3.
When the employer increases the total monthly salary of full-time local employees in accordance with the above provisions, the calculation will be based on the insurance contribution grade for the month two months prior, as recorded in the labor insurance or occupational accident insurance contribution table, when submitting the application in accordance with the provisions of Article 57.
If an employer’s qualification to file applications under Article 57 is verified, the maximum number of employees that can be applied for is 10% of the average number employed by the employer during the year preceding the two-month period prior to the month of the application.
Article 40
When foreign skilled workers are employed to engage in hospitality service work detailed in Subparagraph 12, Article 5, in accordance with Subparagraph 1, Paragraph 2, Article 7, the employer is required to have a tourist hotel business license, a registration certificate for the hotel or B&B business registration certificate issued by the competent authority for the target industry.
Employers who meet the requirements in the above Article and bring foreign skilled workers from overseas to Taiwan, or employ them domestically in accordance with Subparagraph 2, Paragraph 2, Article 7, to engage in hospitality service work under Subparagraph 12, Article 5, are limited to tourist hotels and the hotel industry.
Employers who meet the requirements in the above Article and bring foreign skilled workers from overseas to Taiwan, or employ them domestically in accordance with Subparagraph 2, Paragraph 2, Article 7, to engage in hospitality service work under Subparagraph 12, Article 5, are limited to tourist hotels and the hotel industry.
Article 41
An employer who hires foreign skilled workers to engage in commercial port wharf cargo handling and distribution operations detailed in Subparagraph 13, Article 5 must, in accordance with the Commercial Port Law or the Shipping Act, apply to the central competent authority for the target industry for a permit to operate a stevedoring business or a container freight station business.
Chapter 3: Procedures for employer applications for an employment permit
Section 1 General rules
Article 42
When an employer applies to hire foreign skilled workers, the Central Competent Authority can separately designate items to be submitted online.
For items designated pursuant to the provisions of the preceding paragraph, employers are required to submit applications to hire foreign skilled workers online. However, this restriction can be waived when there are legitimate reasons and approval is obtained from the Central Competent Authority.
When an employer files an application in accordance with the methods outlined in the preceding two paragraphs, the original hard copies of the application documents should be retained by the employer for a minimum of five years.
For items designated pursuant to the provisions of the preceding paragraph, employers are required to submit applications to hire foreign skilled workers online. However, this restriction can be waived when there are legitimate reasons and approval is obtained from the Central Competent Authority.
When an employer files an application in accordance with the methods outlined in the preceding two paragraphs, the original hard copies of the application documents should be retained by the employer for a minimum of five years.
Article 43
When the required documentation for an employer’s application to hire foreign skilled workers includes certified documents issued by a government agency (institution) or a state-owned enterprise, and can be accessed online by the Central Competent Authority, the employer can be exempted from submitting them.
Which documents are eligible for exemption under the above paragraph will be determined by the Central Competent Authority.
Which documents are eligible for exemption under the above paragraph will be determined by the Central Competent Authority.
Article 44
Employers are required to apply to hire foreign skilled workers detailed in Subparagraph 1, Paragraph 2, Article 6, to engage in work listed in Article 5, in accordance with the following periods:
1. Original employer: Apply two months before the expiration of the current employment permit.
2. New employer: Apply 2-4 months before the expiration of the current employment permit, with employment starting the day after the permit expires.
Employers should apply to hire foreign skilled workers detailed in Point 2, Subparagraph 1, Paragraph 2, Article 6, to engage in work listed in Article 5, 2-4 months before the expiration of the current employment permit, with employment starting the day after the permit expires.
Foreign skilled workers specified in Point 3, Subparagraph 1, Paragraph 2, Article 6, with the exception of those engaged in live-in care work pursuant to Subparagraph 10, Article 5, should be hired by their previous employer to engage in foreign skilled work.
1. Original employer: Apply two months before the expiration of the current employment permit.
2. New employer: Apply 2-4 months before the expiration of the current employment permit, with employment starting the day after the permit expires.
Employers should apply to hire foreign skilled workers detailed in Point 2, Subparagraph 1, Paragraph 2, Article 6, to engage in work listed in Article 5, 2-4 months before the expiration of the current employment permit, with employment starting the day after the permit expires.
Foreign skilled workers specified in Point 3, Subparagraph 1, Paragraph 2, Article 6, with the exception of those engaged in live-in care work pursuant to Subparagraph 10, Article 5, should be hired by their previous employer to engage in foreign skilled work.
Section 2 Domestic talent recruitment
Article 45
An employer applying to hire foreign skilled workers is required to first register a job vacancy offering reasonable labor conditions with a public employment services agency in the location of the workplace. Beginning on the day following the registration, the employer is required to post a recruitment advertisement on the national employment information website established by the Central Competent Authority in accordance with Article 22 of the Act, and seek to recruit domestic workers for a minimum of seven days from the day following the posting. However, if at the same time the employer publishes the recruitment advertisement in a domestic newspaper designated by the Central Competent Authority for two consecutive days, domestic recruitment is conducted for a minimum of three days after the publication of the ad ends.
The content of the recruitment ad in the above paragraph is required to include the job category, number of people to be hired, required expertise or qualifications, employer’s name, wages, working hours, work location, employment period, whether meals are provided and the name, address, and telephone number of the public employment services agency dealing with the job registration.
When recruiting under the provisions of Paragraph 1, the employer is required to notify the labor union or employees of the business entity and post a public announcement in a location in the company that is accessible and easily visible.
An employer applying to hire foreign skilled workers to engage in live-in caregiving skilled work is required to conduct domestic recruitment in accordance with the following provisions:
1. When the care recipient meets the qualifications detailed in Paragraph 1 or Paragraph 2, Article 31, procedures are handled in accordance with the provisions of Article 46.
2. When the care recipient meets the qualifications detailed in Paragraph 3, Article 31, on presentation of related identification documents procedures are handled in accordance with the provisions of Article 47.
The content of the recruitment ad in the above paragraph is required to include the job category, number of people to be hired, required expertise or qualifications, employer’s name, wages, working hours, work location, employment period, whether meals are provided and the name, address, and telephone number of the public employment services agency dealing with the job registration.
When recruiting under the provisions of Paragraph 1, the employer is required to notify the labor union or employees of the business entity and post a public announcement in a location in the company that is accessible and easily visible.
An employer applying to hire foreign skilled workers to engage in live-in caregiving skilled work is required to conduct domestic recruitment in accordance with the following provisions:
1. When the care recipient meets the qualifications detailed in Paragraph 1 or Paragraph 2, Article 31, procedures are handled in accordance with the provisions of Article 46.
2. When the care recipient meets the qualifications detailed in Paragraph 3, Article 31, on presentation of related identification documents procedures are handled in accordance with the provisions of Article 47.
Article 46
When the care recipient meets qualifications detailed in Paragraph 1 or Paragraph 2, Article 31, and the employer intends to hire foreign skilled workers to engage in the work listed in Subparagraph 10, Article 5, a special municipality or county (city) government long-term care management center will recommend domestic care workers. If, for legitimate reasons, care needs cannot be met and the referrals are unsuccessful, the employer is permitted to apply to the Central Competent Authority to hire foreign skilled workers to engage in work detailed in Subparagraph 10, Article 5.
Article 47
When the care recipient meets qualifications detailed in Paragraph 3, Article 31 and the employer intends to hire foreign skilled workers to engage in work listed in Subparagraph 10, Article 5, the employer is required to first post a recruitment ad offering reasonable labor conditions, on a nationwide employment information website established by the Central Competent Authority pursuant to Article 22 of the Act, recruiting domestic workers for a minimum of seven days from the day following the posting. If, upon confirmation by the public employment services agency that labor needs cannot be met, the employer can apply to the Central Competent Authority to hire foreign skilled workers to engage in work detailed in Subparagraph 10, Article 5.
The recruitment ad referred to in the above paragraph is required to include the job category, number of people to be hired, required expertise or qualifications, employer’s name, wages, working hours, work location, employment period and whether meals are provided.
The recruitment ad referred to in the above paragraph is required to include the job category, number of people to be hired, required expertise or qualifications, employer’s name, wages, working hours, work location, employment period and whether meals are provided.
Article 48
The foreign skilled workers hired by an employer are required to possess the expertise or qualifications required in domestic recruitment conducted in accordance with Article 45 or the above article. When necessary, the Central Competent Authority can re-examine the expertise or qualifications of such foreign skilled workers and those found to not meet the requirements will not be approved.
When an employer conducts selection tests as part of domestic recruitment, the test items and recruitment criteria will be submitted to the public employment services agency handling the job registration for reference when the job vacancy is registered. The agency can designate a date to conduct the tests and may invite professionals with related expertise to witness the examination.
The selection test items and employment conditions referred to in the previous paragraph can be determined by the Central Competent Authority based on job category.
When an employer conducts selection tests as part of domestic recruitment, the test items and recruitment criteria will be submitted to the public employment services agency handling the job registration for reference when the job vacancy is registered. The agency can designate a date to conduct the tests and may invite professionals with related expertise to witness the examination.
The selection test items and employment conditions referred to in the previous paragraph can be determined by the Central Competent Authority based on job category.
Article 49
If after conducting domestic recruitment in accordance with Paragraph 1, Article 45, there are still unfilled positions, the employer can, within 15 days of the end of the recruitment period specified in the same paragraph, submit recruitment ad materials, the roster of domestic workers hired, and documents required by the Central Competent Authority to the public employment services agency that handled the job registration as part of an application for a certificate of domestic recruitment.
After determining that the employer conducted recruitment in accordance with the provisions of Article 45 and the above Article, the agency that originally handled the job registration will issue a certificate of domestic recruitment attesting to the unfilled domestic worker positions.
After determining that the employer conducted recruitment in accordance with the provisions of Article 45 and the above Article, the agency that originally handled the job registration will issue a certificate of domestic recruitment attesting to the unfilled domestic worker positions.
Article 50
When conducting domestic recruitment in accordance with related regulations, the employer must not engage in any of the following behavior with respect to individuals referred by a public employment services agency or who apply on their own:
1. Make false statements regarding the difficulty or danger of the work.
2. Refuse to hire applicants for positions registered as non-skilled or manual labor on the grounds that their technical skills are inadequate.
3. Refuse to hire domestic workers for any other unjustified reason.
1. Make false statements regarding the difficulty or danger of the work.
2. Refuse to hire applicants for positions registered as non-skilled or manual labor on the grounds that their technical skills are inadequate.
3. Refuse to hire domestic workers for any other unjustified reason.
Article 51
If an employer has sought to recruit domestic workers by any of the following methods and is unable to meet its labor needs, the employer can, within 60 days of the end of the recruitment period, apply to a public employment services agency in the area where the workplace is located for a certificate of domestic recruitment, which can then be used to apply to hire foreign skilled workers:
1. Registered a job vacancy with a public employment services agency in the area where the workplace is located for a minimum of 7 days starting the day following registration.
2. Independently posted a recruitment ad on a national employment information website established pursuant to the provisions of Article 22 of the Act for a minimum of seven days from the day following the posting.
When applying for a certificate of domestic recruitment in accordance with the previous paragraph, the employer is required to submit the following documents:
1. Materials demonstrating compliance with the provisions of Paragraphs 1 to 3, Article 45 on reasonable labor conditions, recruitment ad content, notification to labor unions or employees, and public announcements.
2. A roster of domestic workers employed.
3. Other documents required by the Central Competent Authority.
On determining that the employer has conducted recruitment in accordance with the provisions of the preceding two paragraphs and not violated the provisions of the above Article, the public employment services agency will issue a certificate of domestic recruitment for the unfilled domestic worker positions.
1. Registered a job vacancy with a public employment services agency in the area where the workplace is located for a minimum of 7 days starting the day following registration.
2. Independently posted a recruitment ad on a national employment information website established pursuant to the provisions of Article 22 of the Act for a minimum of seven days from the day following the posting.
When applying for a certificate of domestic recruitment in accordance with the previous paragraph, the employer is required to submit the following documents:
1. Materials demonstrating compliance with the provisions of Paragraphs 1 to 3, Article 45 on reasonable labor conditions, recruitment ad content, notification to labor unions or employees, and public announcements.
2. A roster of domestic workers employed.
3. Other documents required by the Central Competent Authority.
On determining that the employer has conducted recruitment in accordance with the provisions of the preceding two paragraphs and not violated the provisions of the above Article, the public employment services agency will issue a certificate of domestic recruitment for the unfilled domestic worker positions.
Article 52
An employer applying to hire foreign skilled workers cannot withdraw a job registration in the six months prior to undertaking domestic recruitment. However, this provision can be waived if there is a legitimate reason.
Section 3 Applications for employer employment permits
Article 53
When an employer has received approval from the Central Competent Authority to reapply to hire foreign skilled workers, the employer cannot bring into Taiwan or hire new foreign skilled workers before the departure of originally employed foreign skilled workers. However, this restriction can be waived in any of the following situations:
1. A foreign skilled worker transfers to another employer or job with the consent of the original employer, while the employment permit remains valid, and his or her employment is continued by the new employer.
2. The employment permit for the foreign skilled worker expires, and the original employer receives approval to extend the individual’s employment (hereinafter “employment extension”).
3. The departure of the foreign skilled worker from Taiwan is delayed due to detention, execution of a criminal sentence, serious illness, injury, or other reasons not attributable to the employer, and the delay is approved on a case-by-case basis by the Central Competent Authority.
1. A foreign skilled worker transfers to another employer or job with the consent of the original employer, while the employment permit remains valid, and his or her employment is continued by the new employer.
2. The employment permit for the foreign skilled worker expires, and the original employer receives approval to extend the individual’s employment (hereinafter “employment extension”).
3. The departure of the foreign skilled worker from Taiwan is delayed due to detention, execution of a criminal sentence, serious illness, injury, or other reasons not attributable to the employer, and the delay is approved on a case-by-case basis by the Central Competent Authority.
Article 54
When an employer applies to hire foreign skilled workers, if in the two years preceding the application date the employer has laid off or fired domestic workers at a ratio prescribed by the Central Competent Authority, the authority can deny approval.
Article 55
When an employer applies to hire foreign skilled workers, the Central Competent Authority will deny approval if any of the following situations pertain:
1. The employer, the care recipient, or other cohabiting family members have committed any of the acts specified in Articles 221 to 229 or Articles 319-1 to 319-4 of the Criminal Code against previously employed foreign nationals.
2. The employer’s representatives, persons in charge, or individuals handling labor affairs on behalf of the employer have committed any of the acts detailed in Articles 221 to 229 or Articles 319-1 to 319-4 of the Criminal Code against previously employed foreign nationals.
1. The employer, the care recipient, or other cohabiting family members have committed any of the acts specified in Articles 221 to 229 or Articles 319-1 to 319-4 of the Criminal Code against previously employed foreign nationals.
2. The employer’s representatives, persons in charge, or individuals handling labor affairs on behalf of the employer have committed any of the acts detailed in Articles 221 to 229 or Articles 319-1 to 319-4 of the Criminal Code against previously employed foreign nationals.
Article 56
If in the three years preceding an application to engage in work detailed in the Regulations, foreign skilled workers have engaged in any of the following behavior, the Central Competent Authority will not grant approval:
1. Engaged in work without permission.
2. Worked for an employer other than the one for which the permit was granted.
3. Engaged in work outside the permitted scope of their employment permit on their own initiative, without employer assignment.
4. Absent from work for three consecutive days and could not be contacted.
5. Refused to undergo a health check-up or provided false test samples.
6. Possesses work expertise that does not match the work for which the original permit application was granted.
7. Seriously violated orders issued under the provisions of Paragraphs 2 and Paragraph 3, Article 48 or Article 49 of the Act.
8. Previously employed in Taiwan to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act, and lost contact for three consecutive days for any of the following periods of time:
(a) Within three days of arriving in Taiwan, and before obtaining an employment permit.
(b) During the remaining period of the employment permit if that period is less than three days.
(c) During a period of placement or employer transfer by the local competent authority, or a period in which an individual has been legally ordered to leave Taiwan but has not yet done so.
9. Refusal to provide required information or providing false information.
10. Violates other work qualifications stipulated by the Central Competent Authority.
11. Seriously violates other laws in the Republic of China (Taiwan).
1. Engaged in work without permission.
2. Worked for an employer other than the one for which the permit was granted.
3. Engaged in work outside the permitted scope of their employment permit on their own initiative, without employer assignment.
4. Absent from work for three consecutive days and could not be contacted.
5. Refused to undergo a health check-up or provided false test samples.
6. Possesses work expertise that does not match the work for which the original permit application was granted.
7. Seriously violated orders issued under the provisions of Paragraphs 2 and Paragraph 3, Article 48 or Article 49 of the Act.
8. Previously employed in Taiwan to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act, and lost contact for three consecutive days for any of the following periods of time:
(a) Within three days of arriving in Taiwan, and before obtaining an employment permit.
(b) During the remaining period of the employment permit if that period is less than three days.
(c) During a period of placement or employer transfer by the local competent authority, or a period in which an individual has been legally ordered to leave Taiwan but has not yet done so.
9. Refusal to provide required information or providing false information.
10. Violates other work qualifications stipulated by the Central Competent Authority.
11. Seriously violates other laws in the Republic of China (Taiwan).
Article 57
An employer who brings foreign skilled workers detailed in Subparagraph 12 and Subparagraph 13, Article 5 from overseas to Taiwan is required to submit the following documentation to the Central Competent Authority when applying for verification of compliance with qualifications established in Paragraph 2, Article 40 and Article 41, as well as approval of the number of individuals to be hired:
1. Employer qualification verification application.
2. Certified identification documents for the applicant or the company’s responsible person; photocopies of the company registration certificate, limited partnership registration certificate, business registration certificate, hotel business registration certificate, or license for specialized business. However, if related laws do not require a license for specialized business, one does not have to be submitted.
3. Certificate of domestic recruitment.
4. A roster of domestic workers hired by the employer through domestic recruitment undertaken in accordance with the provisions of Article 45.
5. Certified documentation issued by the special municipality or county (city) government to show:
(1) Labor retirement reserve funds have been allocated and labor pension contributions made in accordance with regulations.
(2) Wage arrears payment fund contributions have been paid in accordance with regulations.
(3) Labor insurance premiums and labor occupational accident insurance premiums have been paid in accordance with regulations.
(4) All fines for violations of labor laws have been paid in accordance with regulations.
(5) Labor-management meetings have been held in accordance with regulations.
(6) There are no specific facts sufficient to determine that a strike or labor dispute, as referred to in Article 10 of the Act, exists at the workplace where the foreign skilled workers are scheduled to work.
(7) There are no specific facts from which business contraction, suspension, plant closure, or going out of business is indicated.
(8) There is no situation in which the employment of foreign skilled workers has resulted in the lowering of labor conditions for domestic workers.
6. The original review fee receipt.
7. Other documents required by the Central Competent Authority.
When an employer applies for qualification verification to bring foreign skilled workers from overseas to Taiwan, the Central Competent Authority can stipulate the validity period for verification application documents and verification procedures.
1. Employer qualification verification application.
2. Certified identification documents for the applicant or the company’s responsible person; photocopies of the company registration certificate, limited partnership registration certificate, business registration certificate, hotel business registration certificate, or license for specialized business. However, if related laws do not require a license for specialized business, one does not have to be submitted.
3. Certificate of domestic recruitment.
4. A roster of domestic workers hired by the employer through domestic recruitment undertaken in accordance with the provisions of Article 45.
5. Certified documentation issued by the special municipality or county (city) government to show:
(1) Labor retirement reserve funds have been allocated and labor pension contributions made in accordance with regulations.
(2) Wage arrears payment fund contributions have been paid in accordance with regulations.
(3) Labor insurance premiums and labor occupational accident insurance premiums have been paid in accordance with regulations.
(4) All fines for violations of labor laws have been paid in accordance with regulations.
(5) Labor-management meetings have been held in accordance with regulations.
(6) There are no specific facts sufficient to determine that a strike or labor dispute, as referred to in Article 10 of the Act, exists at the workplace where the foreign skilled workers are scheduled to work.
(7) There are no specific facts from which business contraction, suspension, plant closure, or going out of business is indicated.
(8) There is no situation in which the employment of foreign skilled workers has resulted in the lowering of labor conditions for domestic workers.
6. The original review fee receipt.
7. Other documents required by the Central Competent Authority.
When an employer applies for qualification verification to bring foreign skilled workers from overseas to Taiwan, the Central Competent Authority can stipulate the validity period for verification application documents and verification procedures.
Article 58
After the Central Competent Authority, in accordance with the above Article, verifies an employer meets the qualifications detailed in Paragraph 2, Article 40 and Article 41 and approves the number of hires permitted, the employer is required to conduct matching with foreign skilled workers through a system established by the Central Competent Authority or another designated method.
The time period for conducting the matching detailed in the previous paragraph cannot exceed six months. However, if matching with foreign nationals cannot be completed within the designated time, an extension of six months can be granted.
The time period for conducting the matching detailed in the previous paragraph cannot exceed six months. However, if matching with foreign nationals cannot be completed within the designated time, an extension of six months can be granted.
Article 59
An employer applying to hire foreign skilled workers is required to submit the following documents; however, when identical documents have already been submitted in accordance with the provisions of Article 57, this requirement is waived:
1. Employment permit application form.
2. Certified identification documents for the applicant or company responsible person; photocopies of the company registration certificate, limited partnership registration certificate, business registration certificate, factory registration certificate, hotel business registration certificate, B&B registration certificate or license for specialized business. However, when related laws do not require a factory registration certificate or license for specialized business, one does not have to be submitted.
3. Certificate of recruitment. This requirement is waived for foreign skilled workers hired to engage in live-in caregiving skilled worker detailed in Subparagraph 10, Article 5.
4. A roster of domestic workers hired by the employer through domestic recruitment undertaken in accordance with the provisions of Article 45. This requirement is waived for foreign skilled workers hired to engage in live-in caregiving skilled work detailed in Subparagraph 10, Article 5.
5. Certified documentation issued by the special municipality or county (city) government to show:
(1) Labor retirement reserve funds have been allocated and labor pension contributions made in accordance with regulations.
(2) Wage arrears payment fund contributions have been paid in accordance with regulations.
(3) Labor insurance premiums and labor occupational accident insurance premiums have been paid in accordance with regulations.
(4) All fines for violations of labor laws have been paid in accordance with regulations.
(5) Labor-management meetings have been held in accordance with regulations.
(6) There are no specific facts sufficient to determine that a strike or labor dispute, as referred to in Article 10 of the Act, exists at the workplace where the foreign skilled workers are scheduled to work.
(7) There are no specific facts from which business contraction, suspension, plant closure, or going out of business is indicated.
(8) There is no situation in which the employment of foreign skilled workers has resulted in the lowering of labor conditions for domestic workers.
6. A roster of hired foreign skilled workers employed and photocopies of their passports or Alien Resident Certificates.
7. The original review fee receipt.
8. Other documents required by the Central Competent Authority.
The situations referred to in Item 6 to Item 8, Subparagraph 5 of the previous paragraph are limited to those that occurred in the two years preceding the application date.
In any of the following situations an employer applying to hire foreign skilled workers is exempt from submitting certified documentation detailed in Subparagraph 5, Paragraph 1:
1. When hiring foreign skilled workers to engage in live-in caregiving skilled work detailed in Subparagraph 10, Article 5.
2. When an individual employer does not employ domestic workers and has, pursuant to a partnership agreement providing for a dividend payout ratio, hired foreign nationals to engage in ocean fishing skilled work detailed in Subparagraph 5, Article 5.
3. When an individual employer does not employ domestic workers and hires foreign skilled workers to engage in outreach agricultural skilled work detailed in Subparagraph 7, Article 5 or agricultural, forestry, animal husbandry, or aquaculture skilled work listed in Subparagraph 8 of the same Article.
When the employer is a civil association, in addition to submitting the documents detailed in Subparagraph 1 and Subparagraphs 3 to 8, Paragraph 1, it is also required to provide photocopies of the association’s registration certificate and the identification document of its responsible person.
When an employer applies to hire foreign skilled workers, the Central Competent Authority can prescribe the validity period of various application documents and related application procedures.
1. Employment permit application form.
2. Certified identification documents for the applicant or company responsible person; photocopies of the company registration certificate, limited partnership registration certificate, business registration certificate, factory registration certificate, hotel business registration certificate, B&B registration certificate or license for specialized business. However, when related laws do not require a factory registration certificate or license for specialized business, one does not have to be submitted.
3. Certificate of recruitment. This requirement is waived for foreign skilled workers hired to engage in live-in caregiving skilled worker detailed in Subparagraph 10, Article 5.
4. A roster of domestic workers hired by the employer through domestic recruitment undertaken in accordance with the provisions of Article 45. This requirement is waived for foreign skilled workers hired to engage in live-in caregiving skilled work detailed in Subparagraph 10, Article 5.
5. Certified documentation issued by the special municipality or county (city) government to show:
(1) Labor retirement reserve funds have been allocated and labor pension contributions made in accordance with regulations.
(2) Wage arrears payment fund contributions have been paid in accordance with regulations.
(3) Labor insurance premiums and labor occupational accident insurance premiums have been paid in accordance with regulations.
(4) All fines for violations of labor laws have been paid in accordance with regulations.
(5) Labor-management meetings have been held in accordance with regulations.
(6) There are no specific facts sufficient to determine that a strike or labor dispute, as referred to in Article 10 of the Act, exists at the workplace where the foreign skilled workers are scheduled to work.
(7) There are no specific facts from which business contraction, suspension, plant closure, or going out of business is indicated.
(8) There is no situation in which the employment of foreign skilled workers has resulted in the lowering of labor conditions for domestic workers.
6. A roster of hired foreign skilled workers employed and photocopies of their passports or Alien Resident Certificates.
7. The original review fee receipt.
8. Other documents required by the Central Competent Authority.
The situations referred to in Item 6 to Item 8, Subparagraph 5 of the previous paragraph are limited to those that occurred in the two years preceding the application date.
In any of the following situations an employer applying to hire foreign skilled workers is exempt from submitting certified documentation detailed in Subparagraph 5, Paragraph 1:
1. When hiring foreign skilled workers to engage in live-in caregiving skilled work detailed in Subparagraph 10, Article 5.
2. When an individual employer does not employ domestic workers and has, pursuant to a partnership agreement providing for a dividend payout ratio, hired foreign nationals to engage in ocean fishing skilled work detailed in Subparagraph 5, Article 5.
3. When an individual employer does not employ domestic workers and hires foreign skilled workers to engage in outreach agricultural skilled work detailed in Subparagraph 7, Article 5 or agricultural, forestry, animal husbandry, or aquaculture skilled work listed in Subparagraph 8 of the same Article.
When the employer is a civil association, in addition to submitting the documents detailed in Subparagraph 1 and Subparagraphs 3 to 8, Paragraph 1, it is also required to provide photocopies of the association’s registration certificate and the identification document of its responsible person.
When an employer applies to hire foreign skilled workers, the Central Competent Authority can prescribe the validity period of various application documents and related application procedures.
Article 60
When an employer applies to the Central Competent Authority to bring the following categories of foreign skilled workers from overseas to Taiwan, such workers are required to apply for an entry visa in accordance with regulations:
1. Those engaging in bilingual translation or chef-related work.
2. Those who have previously been employed in the Republic of China (Taiwan) to engage in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act, and whose cumulative period of employment reached the maximum limit prescribed in Article 52 of the Act.
3. Overseas Chinese or foreign students who graduated in Taiwan.
4. Individuals who obtained an associate degree or higher from a foreign college or university, or who graduated from a senior high school or above and have been verified by the central competent authority for the target industry as having more than two years of related work experience.
When foreign skilled workers detailed in the previous paragraph apply for a visa, as stipulated, they are required to submit the following documents:
1. Employment permit.
2. A health check-up issued within the past three months by a hospital recognized or designated by the central competent health and welfare authority in the Republic of China. However, if no hospital in the foreign national’s country of residence is recognized or designated by the central competent health and welfare authority, a health check-up issued within the past three months by a legally established medical institution in the country can be submitted instead.
3. An affidavit that the foreign national is aware of related work provisions in the Act.
4. Other documentation required for the visa application as determined by the central competent authority for the target industry.
1. Those engaging in bilingual translation or chef-related work.
2. Those who have previously been employed in the Republic of China (Taiwan) to engage in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act, and whose cumulative period of employment reached the maximum limit prescribed in Article 52 of the Act.
3. Overseas Chinese or foreign students who graduated in Taiwan.
4. Individuals who obtained an associate degree or higher from a foreign college or university, or who graduated from a senior high school or above and have been verified by the central competent authority for the target industry as having more than two years of related work experience.
When foreign skilled workers detailed in the previous paragraph apply for a visa, as stipulated, they are required to submit the following documents:
1. Employment permit.
2. A health check-up issued within the past three months by a hospital recognized or designated by the central competent health and welfare authority in the Republic of China. However, if no hospital in the foreign national’s country of residence is recognized or designated by the central competent health and welfare authority, a health check-up issued within the past three months by a legally established medical institution in the country can be submitted instead.
3. An affidavit that the foreign national is aware of related work provisions in the Act.
4. Other documentation required for the visa application as determined by the central competent authority for the target industry.
Article 61
If an employer needs to continue employing a foreign skilled worker, it is required to submit the documents detailed in Article 59 and apply to the Central Competent Authority for an extension of the employment permit within four months of the current employment permit expiring.
If the employer does not need to apply for an extension of employment for a foreign skilled worker, it is required to submit an application form and other documentation required by the Central Competent Authority and two to four months before the employment permit expires an application to the Central Competent Authority for a contract expiration transfer in accordance with the Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Subparagraph 8 to 11 of Paragraph 1 of Article 46 of the Employment Service Act (hereinafter the “Employer Transfer Regulations”). Alternatively, a new employer can apply, in accordance with the Employer Transfer Regulations, to continue employing a foreign national engaged in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act or work listed in Article 5 of the Regulations.
When the employment of a foreign skilled worker is continued by a new employer under the Employer Transfer Regulations to engage in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act, the total period of employment, excluding time spent engaged in work listed in Article 5 of the Regulations, cannot exceed the maximum employment duration prescribed in Article 52 of the Act.
If the employer does not need to apply for an extension of employment for a foreign skilled worker, it is required to submit an application form and other documentation required by the Central Competent Authority and two to four months before the employment permit expires an application to the Central Competent Authority for a contract expiration transfer in accordance with the Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Subparagraph 8 to 11 of Paragraph 1 of Article 46 of the Employment Service Act (hereinafter the “Employer Transfer Regulations”). Alternatively, a new employer can apply, in accordance with the Employer Transfer Regulations, to continue employing a foreign national engaged in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act or work listed in Article 5 of the Regulations.
When the employment of a foreign skilled worker is continued by a new employer under the Employer Transfer Regulations to engage in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act, the total period of employment, excluding time spent engaged in work listed in Article 5 of the Regulations, cannot exceed the maximum employment duration prescribed in Article 52 of the Act.
Chapter 4: Management on arriving in Taiwan
Article 62
In accordance with the provisions of the Act, employers assume employer responsibilities from the date the foreign skilled worker arrives in Taiwan or from the date the employment permit comes into effect.
Article 63
When foreign skilled workers engaged in work detailed in Article 5 are determined by the local competent authority to require placement, they are placed based on categories, placement time period and related procedures determined by the Central Competent Authority.
Article 64
The written labor contract signed by the employer and the foreign skilled worker must be in Chinese, with a translated version provided in the native language of the foreign skilled worker.
Article 65
When an employer pays wages to foreign skilled workers based on the provisions of a labor contract, the employer is required to provide a wage slip in both Chinese and the foreign skilled worker’s native language. The pay slip must include the following details, be handed to the worker and be retained by the employer for five years:
1. Net wages, wage calculation items, total wages, and method of payment.
2. Contributions for National Health Insurance, Labor Insurance, income tax, board and lodging, and employee welfare fund payments the worker is required to make.
3. Amount withheld due to a court or administrative enforcement order.
4. Items and amounts that can be directly deducted from wages according to other laws.
The wages defined in the previous paragraph include statutory wages and contracted wages.
The employer is required to submit the following documentation for inspection by the competent authority:
1. Labor contract.
2. The pay slip described in the above paragraph.
3. Other documents determined by the Central Competent Authority.
In terms of wages in Paragraph 1, other than items and amounts for which the foreign skilled worker is responsible, wages must be paid directly and in full in cash. If payment is made by other means, related supporting certified documentation must be provided with one copy given to the foreign worker, and one retained by the employer.
If wages in Paragraph 1 are not paid in full, the competent authority can order the employer to make the payment within a fixed period of time.
1. Net wages, wage calculation items, total wages, and method of payment.
2. Contributions for National Health Insurance, Labor Insurance, income tax, board and lodging, and employee welfare fund payments the worker is required to make.
3. Amount withheld due to a court or administrative enforcement order.
4. Items and amounts that can be directly deducted from wages according to other laws.
The wages defined in the previous paragraph include statutory wages and contracted wages.
The employer is required to submit the following documentation for inspection by the competent authority:
1. Labor contract.
2. The pay slip described in the above paragraph.
3. Other documents determined by the Central Competent Authority.
In terms of wages in Paragraph 1, other than items and amounts for which the foreign skilled worker is responsible, wages must be paid directly and in full in cash. If payment is made by other means, related supporting certified documentation must be provided with one copy given to the foreign worker, and one retained by the employer.
If wages in Paragraph 1 are not paid in full, the competent authority can order the employer to make the payment within a fixed period of time.
Article 66
If an employer has a foreign skilled worker involved in situations detailed in Article 56 of the Act, in addition to notifying the local competent authority, immigration authorities and the police, the employer is also required to send a copy to the Central Competent Authority.
If the employment of a foreign skilled worker is terminated while the employment permit is still valid and the worker has to leave Taiwan, the employer is required to notify the local competent authority before the worker departs. The local competent authority confirms the worker’s true intentions and verifies the situation; the verification procedures are established by the Central Competent Authority.
The notification in Paragraph 1 must include the foreign skilled worker’s name, gender, age, nationality, date of entry, employment period, employment permit number, and a photocopy of the Alien Residence Certificate.
If the employment of a foreign skilled worker is terminated while the employment permit is still valid and the worker has to leave Taiwan, the employer is required to notify the local competent authority before the worker departs. The local competent authority confirms the worker’s true intentions and verifies the situation; the verification procedures are established by the Central Competent Authority.
The notification in Paragraph 1 must include the foreign skilled worker’s name, gender, age, nationality, date of entry, employment period, employment permit number, and a photocopy of the Alien Residence Certificate.
Article 67
Employers are required to complete all necessary procedures and ensure the departure of foreign skilled workers from Taiwan before the expiration of their employment permit.
If a foreign skilled worker is ordered to leave the country under any of the following circumstances, the employer is required to complete related procedures and ensure the worker departs within a fixed period of time. In cases when the immigration agency legally orders a worker to leave the country, the departure must not exceed the deadline given:
1. Revocation of the employment permit.
2. Failure to pass a health check-up.
3. When the employment permit was not applied for according to regulations or the application was not approved.
Within 30 days of the departure of foreign skilled workers detailed in the previous two paragraphs, the employer is required to submit the roster including the name of the worker and departure verification documents to the Central Competent Authority. However, this does not apply to foreign skilled workers who depart after the expiration of their employment permit or when the employment relationship ends and the departure is verified by the local competent authority.
If a foreign skilled worker is ordered to leave the country under any of the following circumstances, the employer is required to complete related procedures and ensure the worker departs within a fixed period of time. In cases when the immigration agency legally orders a worker to leave the country, the departure must not exceed the deadline given:
1. Revocation of the employment permit.
2. Failure to pass a health check-up.
3. When the employment permit was not applied for according to regulations or the application was not approved.
Within 30 days of the departure of foreign skilled workers detailed in the previous two paragraphs, the employer is required to submit the roster including the name of the worker and departure verification documents to the Central Competent Authority. However, this does not apply to foreign skilled workers who depart after the expiration of their employment permit or when the employment relationship ends and the departure is verified by the local competent authority.
Article 68
From the year after the issuance of a permit for an employer to bring foreign skilled workers from overseas to Taiwan or, based on the provisions of Subparagraph 2, Article 7, employ foreign skilled workers domestically, the Central Competent Authority will regularly verify whether the employer has, in accordance with Article 39, reported an increase in the total monthly wages and the monthly insured salary level under Labor Insurance or Labor Occupational Accident Insurance for full-time domestic workers.
If necessary, the competent authority can conduct on-site inspections to verify employer compliance with the previous paragraph and the amounts determined by the Central Competent Authority under the provisions of Paragraph 1, Subparagraph 1, Article 39. Employers cannot evade, obstruct, or refuse such inspections.
If an inspection conducted by the competent authority based on the provisions of the previous two paragraphs shows that the employer is not in compliance, it will revoke the employment permit in part or in full, in accordance with Article 72 of the Act.
If necessary, the competent authority can conduct on-site inspections to verify employer compliance with the previous paragraph and the amounts determined by the Central Competent Authority under the provisions of Paragraph 1, Subparagraph 1, Article 39. Employers cannot evade, obstruct, or refuse such inspections.
If an inspection conducted by the competent authority based on the provisions of the previous two paragraphs shows that the employer is not in compliance, it will revoke the employment permit in part or in full, in accordance with Article 72 of the Act.
Chapter 5: Supplementary provisions
Article 69
If an employer, for any reason, is unable to complete the required notification or application within the time limits detailed in the Regulations, the employer can, with the approval of the Central Competent Authority, complete the notification or application within supplementary time granted.
The supplementary time in the previous paragraph is limited to one time per notification or application.
The supplementary time in the previous paragraph is limited to one time per notification or application.
Article 70
The original employment permit, approved change of employer or work of foreign skilled workers approved to work in Taiwan in accordance with Subparagraph 11, Paragraph 1, Article 46 of the Act before the enforcement of the Regulations will be subject to the provisions of the Regulations.
Article 71
The format of forms and documents relating to the Regulations will be determined by the Central Competent Authority.
Article 72
The Regulations come into effect on the date of their promulgation.