Article Content

  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.
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.
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.
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.
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.
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.