Article Content

Print

The Regulations are prescribed in accordance with Paragraph 2, Article 48 of the Employ-ment Service Act (hereinafter “the Act”).

Definitions of terms used in the Regulations:
1. The term “type A foreign worker(s)” means those foreign person(s) who are employed to engage in jobs referred to in Subparagraphs 1 to 6, Paragraph 1, Article 46 of the Act;
2. The term “type B foreign worker(s)” means those foreign person(s) who are employed to engage in jobs referred to in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Act;
3. The term “type C foreign worker(s)” means the foreign person(s) who are employed to engage(s) in jobs referred to in Subparagraph 11, Paragraph 1, Article 46 of the Act;
(1) Those foreign workers who are employed as bilingual translators, chefs or other related jobs referred to in the Work Qualifications and Review Standards (hereinafter the “Review Standards”) referred to in Subparagraph 8 to 11, Paragraph 1, Article 46 of the Act.
(2) All intermediate skilled work referred to in the “Review Standards,” including ocean fishing, institutional care work, live-in care work, manufacturing work, construction work, slaughterhouse work, outreach agricultural work, agricultural work, or other designated work (referred to collectively as intermediate skilled work) after consultations between the Central Competent Authority and Central Competent Authority for the Relevant Business.
(3) Other work approved by the Central Competent Authority on a case by case basis.
4. The term “type D foreign worker(s)” means those foreign person(s) who engage in jobs referred to in Subparagraphs 1 or 2, Article 50 of the Act.
5. The term “type E foreign worker(s)” means those foreign person(s) who engage in jobs referred to in Subparagraphs 1 to 4, Paragraph 1, Article 51 of the Act.

After evaluating labor supply and demand, based on domestic economic development and the employment market, the Central Competent Authority will announce the total number, proportion and occupation categories for type A foreign workers referred to in Article 2 to guide recruitment by employers.

The entry visa held by a foreign national shall be deemed a work permit, should it be granted on the basis of an international written agreement specifying work by foreign na-tionals, the number of people and period of residence (stay), even when the primary pur-pose of the agreement is not entry into the Republic of China to work.
The work permit period referred to in Paragraph 1 of this Article shall be no longer than one year.

When the entry visa or entry permit held by a foreign worker engaged in the occupations referred to below has a period of stay that is 30 days or less, it shall be deemed to be a work permit:
1. Work detailed in Paragraph 3, Article 51 of the Act.
2. To help assist in the solution of emergency situations and related problems for the pur-pose of public welfare and to engage in work prescribed in Subparagraph 1, Paragraph 1, Article 46 of the Act.
3. To give speeches or engage in commercial technical advisory work, as prescribed in Subparagraph 1, Paragraph 1, Article 46 of the Act, as a well-known expert recognized by the central authorities in charge of the relevant industry or invited by a higher education institution, government agency at all levels and their affiliated academic research institu-tion.
4. To engage in non-profit artistic and cultural performances or sporting events at the invi-tation of government agencies at all levels, foreign missions or institutions in Taiwan.
A foreign national who holds an Academic and Business Travel Card issued by the immi-gration authority and is engaged in giving speeches or commercial technical advisory work detailed in Subparagraph 1, Paragraph 1, Article 46 of the Act shall be deemed as being given a work permit in the event the period of stay granted by the entry visa or entry permit is 90 days or less.

Employers shall apply to the Central Competent Authority for a permit to recruit foreign worker(s) to work in the Republic of China, unless otherwise provided for in the Act or the Regulations.
Prior to granting the permit referred to in the preceding Article, the Central Competent Au-thority will consult with the Central Competent Authority for the Relevant Business in question to review their opinions and comments.
Before an employer hires a foreign worker to engage in the occupation detailed in Subpar-agraph 2, Paragraph 1, Article 48 of the Act, he/she shall verify the original Alien Resident Certificate and dependent household registration data of the foreign national.

The Central Competent Authority will publicly announce online application procedures for employers applying to employ foreign workers or foreign workers applying for a work permit online.
In accordance with the aforementioned announcement regulation, employers applying for a work permit for type A to type D foreign workers should do so online, other than where a legitimate reason is provided for not doing so and accepted by the Central Competent Au-thority.
Employers who apply in accordance with provisions in the preceding two paragraphs shall retain written copies of all original application documents for a period of at least five years.

If as part of an application to employ foreign workers the necessary documentation in-cludes documents issued by government agencies (institutions) or state-owned enterprises that can be verified by the Central Competent Authority online, employers do not have to include said documents.
The aforementioned documents will be announced by the Central Competent Authority.

The Central Competent Authority for the Target Business requested that the Central Competent Authority provide a register of foreign workers and related information when executing its statutory duties within necessary limits.