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行政函釋

發文字號(NO.): Lau-Chih-Kuang No. 1020506913
發文日期(Announced Date): 2013.05.17
Amendments to Qualifications and Criteria Standards for Foreigners Undertaking the Jobs Specified under Article 46.1.1 to 46.1.6 of the Employment Services Act
Order
Council of Labor Affairs
Date of Issuance: May 17, 2013
Reference Number: Lau-Chih-Kuang-Tzi No.1020506913
In the event that any of the following criteria is met, employers who hire foreigners holding bachelor’s degree (or above) to undertake the professional and technical jobs specified under Subparagraph 1 of Paragraph 1 of Article 46 of the Employment Service Act, shall not be subject to the work experience requirement:
1. To acquire the “certificate of the range of the enterprise operational headquarter,” “authorization letter of domestic and foreign enterprises’ plan to establish the research & development centers in Taiwan,” “certificate of IPO award with one year validity starting from the next date of receiving award” issued by the Ministry of Economics, or belong to “any of the ten types of manufacturing enterprises and technical service enterprises as set out under Annex 9 of Paragraph 1 of Article 5 of the Regulations for Encouraging Manufacturing Enterprises and Technical Service Enterprises in the Newly Emerging, Important and Strategic Industries”.
2.Business entities in the Science Parks which hire foreigners to undertake the design, upgrade of industry techniques, or research & development, the relevant research, business promotion of special language areas abroad and market survey and analysis, and so on, for the purpose of product manufacturing or labor services.
In addition, in the event that employers hire foreigners holding bachelor’s degree (or above) to undertake the professional and technical jobs specified under Subparagraph 1 of Paragraph 1 of Article 46 of the Employment Service Act, such foreigners are foreign students, overseas Chinese students and other ethnic Chinese students graduated from domestic public or certified private colleges/universities since the school year 2011, are not subject to the work experience requirement.
This interpretation shall take effect on this day.
The Order of the CLA dated June 14, 2012 (Ref. No. Lao-Zhi-Gui-Zi-1010512091) shall cease to apply on this day.