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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.