History

No. Date Law Name
1. 2008.02.27 The Procedure Guideline of Transferring Employers or Jobs for Foreigners Engaging in the Jobs Specified in Items 8 to 11, Paragraph 1 to article of the Employment Service Act
2. 2009.09.01 The Procedure Guideline of Transferring Employers or Jobs for Foreigners Engaging in the Jobs Specified in Items 8 to 11, Paragraph 1 to Article 46 of the Employment Service Act
3. 2011.06.29 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act
4. 2014.10.17 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act
5. 2016.06.29 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act
6. 2016.11.15 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act Chinese
7. 2017.07.06 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act Chinese
8. 2019.01.30 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act Chinese
9. 2020.07.07 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act Chinese
10. 2021.08.27 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act Chinese
11. 2022.04.29 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act
12. 2022.10.12 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act
13. 2022.11.25 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act
14. 2023.06.15 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act
15. 2023.10.13 Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11,Paragraph 1,Article 46 of the Employment Services Act
Article 1
This Guideline is set up in accordance with the stipulation of Paragraph 2 to Article 59 of the Employment Service Act (hereinafter referred to as the Act).
Article 2
Employed foreigners who fit for any condition specified in all items of Paragraph 1 to Article 59 of the Act may apply for changing employers or jobs by the foreigner or original employer with the following documents provided to the Central Competent Authority:
1. Application Form.
2. Evidence document of any of the following reasons:
(1)Original employer's or the person under care's Death Certificate or emigration evidence document.
(2)Evidence document of fish boats unable to continue operation because of being detained, sunk or under renovation.
(3)Evidence document of employment contract termination due to original employer's plant closure, shut down or not paying work compensation according to employment contract.
(4)Evidence document of other reasons whose responsibility cannot be ascribed to employed foreigners.
3. Transferring employer or work certificate for foreign worker.
Foreigners who apply to transfer to another employer or job according to the stipulations referred to in the preceding paragraph but have not provided all the required documents must be cleared after verification by competent authorities.
Article 3
Employers or foreigners who apply to change employers or jobs to blue collar positionsmay do so online. Central competent authorities shall inform themof the types of work visas that may be needed.
Employers and foreigners applying to change employers or jobs for blue collar positions shall submit all documents required by law, with the exception of documents already issued by the central competent authorities, free trade zone administrative authorities, public employment service institutions, and special municipalities/ provincial cities/ state-owned companies as stated in the preceding article, which can be found on the national data network.
Article 4
In caseswherecentral competent authorities have rescindedthe original employer's employment permits or declined to issue permits, central competent authorities shall order foreign workerswho fit the conditionsspecified inParagraph 1 of Article 59to transfer employers or jobs within a designated period of time.
The original employers shall, within the designated period of time, providephotocopies of documents specified in Items 1 and 3 of Paragraph 1 in Article 2, a termination of employment permit, ora letter declining the issuance ofan employment permit,then go tothe Public Employment Service Agencytoregister the transfer. Foreigners resettled under this law or by the Human Trafficking Prevention Act are not subject to this rule.
Article 5
Application cases as referred to in Paragraph 1 to Article 2, after the Central Competent Authority has examined them, the Authority will notify the clients concerned of original employment contract.
The clients concerned of original employment contract may post necessary information to the information system designated by the Central Competent Authority, and let Public Employment Service Agency process foreigners transfer procedure.
Article 6
Employers who apply for consecutively employing foreigners shall provide the following documents:
1. Application Form.
2. Copy of applicant's National Identification Card or the- person-in-charge-of-corp.’s identification documents, Corporation Registration evidence document, Commercial Registration evidence document, Factory Registration Certificate and Franchised Business Permit Certificate. But those with exemption from Factory Registration Certificate or Franchised Business Permit Certificate are not restricted.
3. Official copies of the name list of insured workers over a one-year period ending two months before the application is made are required, with the exception of foreigners specified in Articles 8.1 and 8.2 under Reviewing Standards and Employment Qualifications for Foreigners Engaging in Jobs Specified in Items 8 to 11 of Paragraph 1 in Article 46 of the Employment Service Act, housemaids, institutional care givers, and home-based care givers.
4. Original copy of evidence document concerning qualifications of consecutively employing foreigners consistent with the stipulation as referred to in Article 6.
5. Original copy of recruitment evidence. But applicants of consecutively employing family nursing workers are exempted.
6. Contents description of foreigners' scheduled job.
7. Evidence documents issued by Special Municipality or County (City) Governments according to the stipulation as referred to in Item 5, Paragraph 1 to Article 16 of The Permit and Management Regulation of Employers Hiring Foreigners.
Employers holding Recruitment Permit Letters to apply for consecutively employing foreigners are exempted from the documents as referred to in items 2, 3, 5 and 7 of the Previous Paragraph.
Article 7
Concerning employers' applications for consecutively employing foreigners, Public Employment Service Agency shall manage operation according to the following priority:
1. Those may introduce foreigners but have not introduced sufficient number during valid period of Recruitment Permit Letter.
2. Consistent with the qualification to employ foreigners stipulated by the Central Competent Authority, and the number of foreigners hired has not reached the upper limit in terms of proportion or number as referred to in The Reviewing Standards and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11, Paragraph 1 to Article 46 of the Employment Service Act.
3. Business units belong to the manufacturing or the construction industries which do not employ foreigners or whose number of foreigners hired has not reached the upper limit in terms of proportion or number as stipulated by the Central Competent Authority, and processing domestic recruitment as referred to in Article 47 of the Act and whose demand cannot be satisfied after recruitment.
After examining the application registration for consecutively employment as referred to in the preceding Paragraph to be consistent with stipulation, Public Employment Service Agency shall post necessary information to the information system designated by the Central Competent Authority.
The application registration for consecutively employment as referred to in Paragraph 1 is valid within sixty days starting from the date of registration. After valid period has expired and consecutively employment is still necessary, registration shall be re-managed.
Employers applying for consecutively employment belonging to cases of Major Investment in the manufacturing industry are limited to Item 1 in Paragraph 1.
Article 8
Foreigners processing transferring registration are restricted to foreigners' same type of job in their original industry. But any of the following cases is not restricted by this:
1. Applying for consecutively employment by employers with qualifications as referred to in Items 1 or 2, Paragraph 1 to Article 6.
2.Foreigners who are victims of sexual assault, sexual harassment or violence, or are ruled as victims of human trafficking.
3. Approved by the Central Competent Authority.
Nursing job and housemaid are regarded as the same type of job.
Article 9
Public Employment Service Agency shall follow the priority stipulation as referred to in Paragraph 1 to Article 6, foreigners' expected employment location, type of job, remaining employment period, and other conditions designated by the Central Competent Authority to manage operation of transferring. As priority stipulation cannot be discerned, it shall be determined randomly by the information system designated by the Central Competent Authority.
Public Employment Service Agency managing operation of transferring shall follow the stipulation of preceding Paragraph to select at least ten applicants of consecutively employment, and their number of consecutively employing foreigners shall reach one and half times of transferring foreigners. But when the number to be consecutively employed does not reach the above number or proportion, these restrictions do not apply.
Article 10
Public Employment Service Agency shall adopt method of public conciliation meeting every week to manage operation of consecutively employing foreigners.
The conciliation meeting of the preceding paragraph shall notify original employer, applicant of consecutively employment and foreigners to participate.
If original employer or applicant of consecutively employment were absent, they may provide power of attorney to authorize representative to present. If applicant of consecutively employment or whose representatives were absent from the meeting, they would be regarded as abandoning consecutively employment registration this time.
Foreigners shall carry passport, Alien Residence Certificate or other related evidence documents to participate the conciliation meeting as referred to in Paragraph 1. But foreigners whose passport and Alien Residence Certificate are detained illegally are not restricted.
Foreigners who are absent without due reasons will be regarded as abandoning transferring employers or jobs.
In the conciliation meeting as referred to in Paragraph 1, applicants of consecutively employment shall describe the contents of scheduled job for foreigners, and determine with the consent of foreigners. If foreigners' number exceeded the number that employers intend to employ consecutively, Public Employment Service Agency shall conciliate.
Article 11
The Public Employment Service Agency shall, within sixty days of the issuance of a Rescinding Employment Permit or a refusal to issue an employment permit by central competent authorities, conduct the transfer process laid out in the two previous articles. But for those foreigners possessing special situation that have been approved by the Central Competent Authority, operation of foreigners' transferring may be extended to sixty days and for once only.
Foreigners who are physically assaulted by employers or other employees, commissioned administrator, persons under care of or relatives of persons under care of, and the Central Competent Authority permits revocation, its application to transfer operation is not subject to restriction on the times in the preceding paragraph.
In the case of foreigners who fail to attend negotiation meetings as stipulated in the preceding article without due reason after their employment permits are annulled or rejected by central competent authorities and they are notified of approval of a change in employer or job, or foreigners who fail to find a new employer or job within the designated period of transition time as stipulated in the two previous articles, the Public Employment Service Agency shall notify their original employers to facilitate procedures so they can leave the country within fourteen days starting from the day after the negotiation meeting, with the exception of foreigners with appropriate reasons approved by central competent authorities.
In cases where the original employers’ whereabouts are unknown, Municipality or County/City-level competent authorities shall ask Police or Immigration Competent Authorities with jurisdiction to carry out the departure process.
Foreigners subject to the conditions specified in item 1 may apply for a 14-day extension of the processing deadline ahead of the original due date.
Article 12
After completion of foreigners transferring operation, Public Employment Service Agency shall issue a Consecutive Employment Certificate to the employer of consecutive employment and the original employer.
Article 13
Within fifteen days starting from the second date of obtaining the Consecutive Employment Certificate, employers of consecutive employment shall prepare the following documents to the Central Competent Authority to apply for issuing Employment Permit or extending Employment Permit:
1. Application Form.
2. Copy of applicant's National Identification Card or the- person-in-charge-of-corp.'s identification documents, evidence document of corp. registration or commercial registration, Factory Registration Certificate, and Franchised Business Permit Certificate. But those with exemption from Factory Registration Certificate or Franchised Business Permit Certificate are not restricted.
3. Certification documents related to Article 18 and issued by local competent authorities when accepting a report.
4. Other documents as stipulated in Attachment One.
In cases where a foreigner is being hired by a social group, copies of the employer’s National Identification Card and the Accreditation Certificate of the organization are required in addition to the documents specified in Items 1, 3, and 4 of the preceding Paragraph.
Article 14
For the employer of consecutive employment, according to the Guideline, the number of foreigners that may be consecutively employed, the number of foreigners that have been employed, the number that have obtained Recruitment Permit, those that have applied for consecutive employment in the first two years, and the reasons that Recruitment Permit and Employment Permits are annulled attributable to employer totally shall not exceed the upper limit of proportion or number stipulated by the Central Competent Authority.
The Employment Permit period for the employer of consecutive employment is restricted to supplement foreigners' remained employment period of original Employment Permit.
Article 15
When original employer can not be traced clearly, but foreigners are regarded by the Special Municipality or the County (City) Competent Authority of the location foreigners work as consistent with any situation as referred to in Paragraph 1 to Article 59 of the Act, and situation is emergent such that immediate placement required, then after asking for agreement from foreigners, the Competent Authority shall arbitrarily notify Public Employment Service Agency to process registration for foreigners.
Article 16
For any situation of the following, applicants may apply to the Central Competent Authority directly for consecutively employing foreigners, and stipulations from Article 2 to Article 12 do not apply:
1. Original employer has reasons of die, emigration or other situation unable to continuously employing foreigners, applicant and the person originally under care of have a relative relationship stipulated in Paragraph 2, or applicant is originally employer's spouse of the family employing housemaid.
2. Fishing boats, fish farms, or nursing institutions which experience a change in owner or responsible person shall continue to employ its domestic laborers for a period of six months from the date of the change in ownership or responsibility.
3. Purchase or rent original employer's machineries, equipments or factories, and continuously hire all domestic workers of original employer starting from the sixth month prior to such event occurred.
4. Original employer's plant closure or shut-down cause the stoppage of major construction, and applicants take over the responsibility of original construction.
5. After merge of business units, the survived, new established or being taken over business units continuously hire all or segmented part of domestic workers from original employer starting from the sixth month prior to such event occurred.
6. Any foreigners whose employment permit has been annulled or rejected by central competent authorities and whose employer conforms to Items 1 or 2 of Paragraph 1 in Article 7 shall sign a letter of intent to certify that both parties consent to a continuance of employment within the period of time for the transfer as agreed on by central competent authorities (hereinafter referred to as the two-party consent to continued employment).
7. Foreigners, original employers, and employers whose application qualifications conform to any of the stipulations in Items 1 or 2 of Paragraph 1 in Article 7, shall sign a three-party letter of intent to certify their consent to continued employment (hereinafter referred to as the three-party consent to continued employment).
If the business unit involved is a legal entity, any changes in ship ownership and responsibility shall be reported to central competent authorities and is not limited to the conditions stated in the previous stipulations.
The relationship stated in Item 1, Paragraph 1 is described as below:
1. Spouses.
2. Direct blood relatives.
3. Collateral blood relations in third rank.
4. Marriage relations in first rank.
5. Grandparents and grand-daughters-in-law or grandparents and grand-sons-in-law.
Article 17
Applications of Items in the Paragraph 1 of preceding Article shall be submitted within following application periods:
1. Items 1 to 6: Within sixty days starting from such event occurred.
2. Items 6 and 7: these shall be presented within 15 days starting from the next day after two parties or three parties agree to continued employment.
Occurring dates referred to the Item 1 of the preceding Paragraph are following:
1. Item 1: Fact occurred date of original employer die or emigrate, or other reasons.
2. Items 2 and 3: Registration date of fish boats, caring institutions, or factories make transformation or cancellation.
3. Item 4: Take over date to continue original construction.
4. Item 5: Standard date of merge or the date the Competent Authority agrees to merge.
After original employers obtain Recruitment Permit and before foreigners are introduced, foreigner encounters any event as referred to in Item 1 of Paragraph 1 to the preceding Article, applicant who meets the relative relationship as referred to in Paragraph 2 to the preceding Article may apply for Consecutive Employment Permit from the Central Competent Authority within fifteen days after foreigners arrive the Republic of China.
For original employers as referred to in Items 2, 3 and 5 of Paragraph 1 to the preceding Article have obtained Recruitment Permit, and have not introduced the upper limit number of foreigners within valid period of Employment Permit, applicants shall submit their applications together within the designated period as referred to in Paragraph 1.
Article 18
Employers continue hiring foreigners for works stipulated in Items 8 to 10 in Paragraph 1 to Article 46 of this Act shall prepare following documents and notify the local Competent Authority to implement inspection:
1. Notification of Consecutive Employment Certificate.
2. Foreign Workers Living/Care-giving Service Planning Book. Employers as specified in the Qualifications and Criteria Standards for foreigners undertaking jobs specified under Article 46.1.8 to 46.1.11 of the Employment Service Act are exempt from submitting planning book.
3. Foreigner's name list.
4. Ingression work fees for foreigners and labor affidavit.
5. Other documents regulated by the Central Competent Authority.
Employers in the preceding Paragraph shall notify the local Competent Authority within following designated periods:
1. Applications in accordance with the provisions of Article 6 shall be completed within three days starting from the day that public employment service agencies issue Consecutive Employment Certificate.
2. Applicants proceeding in accordance with Article 16.1.1 to 16.1.5 shall provide documents within 60 days as stipulated in Paragraph 2, Article 17. In cases where original employers encounter situations as stated in Article 16.1.1 between the date of obtaining recruitment permission and the arrival of the foreigner workers, relatives of the applicant as stipulated in Article 16.3 shall provide the documentation within three days after the foreign worker enters the country.
3. People applying in accordance with Article 16.1.6 to 16.1.7 shall provide the necessary documents within three days after both sides or all three parties agree to continued employment.
After employers notify local Competent Authority in accordance with the two preceding Paragraphs, withdrawal of notification is not valid.
The applications supplying documents meeting the provisions of Item 1, local Competent Authority shall issue employers Notification of Consecutive Employment Certificate, and implement inspection specified in Article 19 of The Permit and Management Regulation of Employers Hiring Foreigners. Applications qualified for inspection within six months before issuance of Notification may be exempted.
Article 19
For the employer of consecutive employment or original employer, according to the Guideline, when consecutively employing or transferring foreigners, the same foreigner cannot simultaneously and successively sign the bilateral or trilateral certification documents, or consecutively employ or transfer the foreigner through public employment institutions.
Article 20
Applications for consecutively employing foreigners in accordance with Paragraph 1 to Article 15 shall supply following documents:
1. Application Form.
2. Facts evidence documents.
3. In accordance with the provisions in the preceding Article, evidence documents of accepting report issued by local Competent Authority.
4. Other documents as Attachment 2.
Facts evidence in Item 2 of the preceding Paragraph is following:
1. Applicants in according to Article 16.1.1:
(1) Related evidence documents for decease, emigration or other reasons that original employers can not continuously employing foreigners.
(2) Copies of Household Certificate for the applicant and those being cared for.
2. Applicants in according to Article 16.1.2:
(1) Copies of the National Identification Card for the ship owner or person in charge of a fishing boat, fish farm or care-giving institution.
(2) Original copy of insurer's name list under the Labor Insurance and materials of the Labor Insurance for those domestic workers hired by original employer and those native workers consecutively hired by applicant.
3. Applicants in according to Article 16.1.3:
(1) Copy of factory purchase invoice or rental contract notarized by court.
(2) Copy of factory or corporation revised registration and cancellation evidence documents.
(3) Copy of insurer's name list under the Labor Insurance and materials of the Labor Insurance for those native workers hired by original employer and those domestic workers consecutively hired by applicant.
4. Applicants in accordance with Item 4, Paragraph 1 to Article 15:
(1) Copy of original employer's plant closure or shut-down evidence documents.
(2) Copy of applicant's corporation registration evidence documents.
(3) Copy of construction contract showing that applicant has taken over the original construction project.
5. Applicants in accordance with Item 5, Paragraph 1 to Article 15:
(1) Copy of merge related evidence documents.
(2) Copy of insurer's name list under the Labor Insurance and materials of the Labor Insurance for those domestic workers hired by original employer and those native workers consecutively hired by applicant.
6. Applications in accordance with Article 16.1.6: certificate of agreement to continued employment between employer and employee.
7. People applying in accordance with Article 16.1.7:
(1) One of the documents referred in Article 2.1.2.
(2) Certification documents for continued employment under agreement by all three parties.
Article 21
Employers continuing to hire foreigners shall bear liability as an employer in accordance with the provisions of this Act, and pay Employment Stabilization Fee, starting from the following dates:
1. Applications in accordance with the provisions of Article 6 start from the day the public employment service agencies issue Consecutive Employment Certificate.
2. Applications in accordance with the provisions of Items 1 to 5 in Paragraph 1 to Article 15 start from the day the events specified in Items 1 to 5 in Paragraph 1 to Article 15 occur.
3. Applications in accordance with the provisions of Items 6 to 7 in Paragraph 1 of Article 15 start from the day the two parties consent to consecutive employment or the three parties consent to consecutive employment.
If the Central Competent Authority issues no Employment Permit to the employers referred to in the preceding Paragraph, the Central Competent Authority can issue foreigners Consecutive Employment Certificate since the date specified in the preceding Paragraph until the date that no Employment Permit is allowed to issue.
Employers as specified in Paragraph 1 shall notify local competent authorities, immigration offices and police authorities, and shall also provide copies to central competent authorities regarding the continued employment of a foreigner as stipulated in Article 56 of this Law. In cases where an employment relationship is terminated with notice, local competent authorities shall proceed in accordance with paragraph 1 of to Article 45 of Regulations on Approval and Administration of the Employment of Foreign Workers.
Article 22
An employer who intends to renew an employment contract prior to its expiration date can reopen recruitment in accordance with the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in Jobs Specified in Items 8 to 11, Paragraph 1, Article 46 of the Employment Services Act. Foreigners engaged in major engineering projects approved by central competent authorities shall be limited to the original approved period of time of employment if continued employment is being considered.
When managing renewed recruiting foreigners in the preceding Paragraph, their renewed recruited foreigners, foreigners who have been hired and the number that have obtained Recruitment Permit, totally shall not exceed the upper limit of proportion or number stipulated by the Central Competent Authority.
After employers have completed the procedures of applying Employment Permit or extension of Employment Permit as referred to in Article 12 or Article 15, if the time had past the period of renewed recruitment, the employers may manage renewed recruitment within four months after they have obtained Employment Permit or extension of Employment Permit.
Article 23
Employers and foreigners who fail to issue notifications or applications on time as stipulated shall re-issue notifications or applications within 15 days of expiration after obtaining approval from central competent authorities.
Only one reissuance of the same notice and application is permitted for employers referred to in the previous paragraph.
Article 24
Related forms stipulated in the Guideline shall be proclaimed by the Central Competent Authority.
Article 25
The Guideline shall be in effective starting from the day of promulgation.