Serial No. Item Relevant Regulations and Description
Notice
1 Ad-hoc
consultation:
foreign worker qualifications (exemption of capital, turnover, performance)
1. Ad-hoc consultation refers to those employer qualifications exempted from administrative rules by Ministry of Labor including:
(1) the company in the free economic pilot zones with business registration issued by the competent authority.
(2) the new company founded less than 5 years and satisfied Identification Principles for New Business with
Innovation Capacity in the outstanding venture proposal with the certificate for following circumstances:
a. Acquired NTD$2 million or more of local or foreign venture capital.
b. Registered at Go Incubation Board in Taipei Exchange c. Applied for patent in our
country or transferred or authorized patent by the owner with registration at Intellectual Property Office, Ministry of Economic Affairs.
d. Entered Taiwan Startup Stadium (TSS) approved by Executive Yuan and
business incubator operated by, cooperated with or evaluated as excellent for the recent 3 years by Ministry of Economic Affairs.
e. Application company or
The capital, turnover, and performance which were exempted from project consultation shall be proposed by the employer with proof documents in the application.
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owner was awarded at local or foreign representative venture or design
competition (Executive Order No. 10405033951 on 1 May 2015 by the Ministry of Labor).
2. Case consultation
(Subparagraph 5, Article 36 of Examination Standard) refers to the application submitted by the employer and exempted from the limitation of turnover, capital and work performance after consultation.
2 Other
consultations:
foreign worker qualifications
1. Subparagraph 2, Article 19 of Examination Standard: The model of single pilot seat unmet the regulations at preceding paragraph in the same
subparagraph but with special work nature and skills may be approved by the Central Competent Authority after consultation with the Central Competent Authority with jurisdiction.
2. The healthcare professional or technical personnel in the Subparagraph 2, Article 27 of Review Criteria unmet the regulation of Subparagraph 1 may be recognized by the Central Competent Authority after consultation with the Central Competent Authority with jurisdiction..
3 Other
consultations – employer qualifications
1. The medical institution in Article 28 of Examination Standard unmet Subparagraph 1 to 4 may be recognized for foreign worker employment in accordance with Subparagraph
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5 by the Central Competent Authority after consultation with the Central Competent Authority with jurisdiction..
2. The environmental protection business in Subparagraph 5, Article 30 of Examination Standard unmet Subparagraph 1 to 4 may be recognized for foreign worker employment in accordance with Subparagraph 5 by the Central Competent Authority after consultation with the Central Competent Authority with jurisdiction..
4 Validity period of the work permit
1.According to Article 52 of Employment Service Act, the longest validity period of work permit is 3 years. The validity of work permit shall be approved based on the above regulation, application by the employer and the signed contract.
2. Those foreign workers who apply to work in Taiwan by meeting the Qualifications of Employer – Consultation (Paragraph 5, Article 36 of examination standard) will be granted a work permit with one year validity:
(1) New employment: a work permit will be granted for a year from the date of issuance (to the end date prescribed in the application and contract).
(2) Extension: a work permit will be granted on the date of issuance for a year to the end date of the employment permit (or the end date prescribed in the application and contract).
1.The Ministry of Labor may decide it based on the application of employer and circumstance of the case as well as visit or activate consultation mechanism when necessary.
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Description (3) For applications for new
employment or extension of other foreign workers submitted by employers during the review period, the period of the work permit shall be up to the same period of the case through
consultation.
3. The foreign spouses of foreign workers employed to perform work prescribed in
Subparagraphs 1~6, Paragraph 1, Article 46 of the Act, who reside in company with them shall perform part-time work prescribed in Article 4 of examination standard for a period less than the approved period of work of the foreign professionals.
2. If foreign professionals have multiple work permits, the employers of their foreign spouses may request the period of multiple work permits in one application.
The Ministry of Labor will approve the multiple
part-time work permits with the periods of employment separately attached to the work permits of foreign professionals.
3. If the work permit of a foreign professional is revoked due to early dismissal or other causes, the part-time work permit of the foreign spouse residing in company with the foreign professional shall also be revoked.
5 Limitation of approved persons
1. Category A worker of business office: Principally, one category B representative and one
category A professional and technical worker will be approved for the application of foreign business office.
2. The approval percentage of cooks: the total valid number of persons approved (including the number of persons requested in this application and approved) shall not exceed 1/2 of the actual dining preparation staff.
3. According to Article 15 of Examination Standard, the number of total foreign pilots shall not be exceed the number of local pilots self-trained for the last 7 years since
1. If two or more category A professional and technical workers were required by the office, the approval shall be reviewed after the specific description was provided.
2. One staff will be
approved for new dining company or department which was founded less than 1 year without the limitation of 1/2 number of persons.
3. Please refer The Statistics of Local Trained Pilots and Employed Foreign Pilots in Our Civil Aviation Transportation Industry provided by
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application date and 2.5 times of the number of persons in the self-train local pilot program in the year.
Civil Aeronautics
Administration, Ministry of Transportation and Communications to approve the upper limit of total number of foreign pilots in the year for each airline company.
4. Except for the
circumstance listed in the left side, the employer shall be asked to provide description for the necessity of employment if there is any doubt for the number of employed foreign workers by the employer. A visit or consultation with central supervisory authority will be activated when
necessary.
6 The treatment
principle of extension
application for an overdue
employment
It shall be treated in accordance with Article 46-1 of Regulations on the Permission and Administration of the Employment of Foreign Workers.
1. For the employer who submits extension
application when original employment expired, it shall be treated as new employment application, and the salary shall be reviewed.
2. For exceptional cases that the employer submit re-application within 15 days from original
employment overdue date (description letter shall be attached and it is limited to once only) in
accordance with Article 46-1 of Regulations on the Permission and
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Administration of the Employment of Foreign Workers, the extension application shall be consented and
employment period shall be traced (Examiner shall note in the system so that no re-application shall be submitted based on this next time).
7 Document for
employment transfer
According to Article 53 of Employment Service Act, new employer will be required to ensure whether the foreign worker replaces employer if he/she was employed by other employers during
employment application:
1. Yes: please provide termination certificate between the foreign worker and original employer.
2. No: it will be regarded as part time work and documents may be exempted.
8 The repeal
sanction for company dissolution
The sending object of repeal letter of employment approval and the treatment principles for dissolved company with valid foreign worker employment record in the system of Ministry of Labor are as below:
1. Employer:
(1) Dissolved and under liquidation: Its object is application unit (owner) and it was sent to the address of business registration.
(2) Bankrupted and under debt cleanup: Its object is
insolvency administrator and it was sent to contact or permanent address provided
1. For those employers who were known to be
dissolved and are under liquidation through the website relevant to the court, it shall be known that whether the company had liquidated,
bankrupted or settled debt.
2. The foreign worker’s immigration status shall be known through the website of National Immigration Agency, Ministry of the Interior.
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Description by the court of local jurisdiction.
(3) Dissolved and liquidated or bankrupted and debt settled:
it doesn’t need to be sent due to the legal person is
eliminated and there is no object for sanction.
(4) Original company discontinued from
reorganization or merger: it doesn’t need to be sent due to the legal person is eliminated and there is no object for sanction.
2. Foreign worker:
(1) still in the country: it was sent to residence address in the application or address of company operation
registration if it is not provided. However, service by publication shall be used for company with condition of 1(3) and (4) above.
(2) left our country or never enter to work: it was sent to
address of company
operation registration based on service by publication.
9 Statement of
picking up in person
For those would like to pick up in person, please fill out and submit your Statement of picking up in person at the counter in the
Ministry of Labor. Registered mail is not accepted.
10 Principle of affixing with seal
For the copied document attached in the application, the words of “in conformity with the original” shall be noted with the seal of
application unit and owner.
Principally, the document attached by the employer shall be affixed with the seal of application unit and owner.
However, except that the
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application and list shall be affixed with official seal, the seal for other documents in the application from
government agency or school may be replaced by the seal of unit or department.
11 Documents
translation The Chinese translation for documents submitted by the employer shall be attached if those documents are not made in
Chinese.
(Lao-Dong-Fa-Guan-Zi Order No.
10605185961 dated October 11, 2017 by the Ministry of Labor)
12 Documents
verification
If the certificate was issued by the country in the announced list, verification from our missions shall be made first (Executive Order No.
1040508120 on 21 July 2015 by Ministry of Labor).