Chapter 2: Eligibility requirements for employers hiring foreign skilled workers

   Section 3 Industry skilled work

Article 15
When a foreign skilled worker is employed to engage in manufacturing skilled work detailed in Subparagraph 3, Article 5, the employer’s factory must involve work in abnormal temperatures, dust-heavy environment or with toxic gas, organic solvents, chemical processing, non-automated operations, or other specified processes, and the industry of its main product must be recognized by the central competent authority for the target industry or the Free Trade Port Area management authority as meeting standards prescribed by the Central Competent Authority. If these conditions pertain the employer can apply for an employment permit.
When the factory has the processes designated in the preceding paragraph but is not in an industry prescribed by the Central Competent Authority, the employer can seek special approval through consultation between the Central Competent Authority and the central competent authority for the target industry.
The Central Competent Authority, the central competent authority for the target industry, or the Free Trade Port Area management authority can conduct on-site inspections to determine compliance with the conditions detailed in the preceding two paragraphs.
Article 16
When a foreign skilled worker is employed to engage in construction skilled work detailed in Subparagraph 4, Article 5, the employer must be a tender winning contractor undertaking public works who has a construction contract with a government agency (institution), independent administrative institution or public enterprise. The employer can apply for an employment permit if it meets one of the following conditions:
1. The total value of the construction contract is NT$100 million or more, and the contract duration is a minimum of 18 months.
2. The total value of the construction contract is NT$50 million or more but less than NT$100 million, and the contract duration is 18 months or more, providing the cumulative total value of other public works contracts undertaken by the same employer is NT$100 million or more. However, total public works contracts undertaken and completed by the same employer with a total value of less than NT$50 million, or a duration of less than 18 months at the time of the employment permit application are not counted as part of the total.
When public works projects detailed in the subparagraphs of the preceding paragraph are commissioned and constructed by a public enterprise, the public enterprise can apply for employment permits.
If the tender winning contractor meets one of the following conditions, and the subcontracting agreement signed with subcontractors complies with the provisions of Paragraph 1, the subcontractor can, with the agreement of the main project agency, apply for employment permits for its subcontracted work:
1. The selected subcontractor is subject to the provisions of Article 36 of the Enforcement Rules of the Government Procurement Act.
2. The subcontractor is a foreign company not engaged in the construction industry, selected as a subcontractor.
For public works projects under Paragraph 1, either the tender winning contractor or its subcontractor can apply for an employment permit, but there can only be one application per project. Once the Central Competent Authority issues the permit, it cannot be changed.
Article 17
When a foreign skilled worker is employed to engage in construction skilled work detailed in Subparagraph 4, Article 5, the employer can apply for an employment permit if it is undertaking a major privately funded infrastructure project (hereinafter major private infrastructure project) and signs a project contract with a private entity, provided the total value of the individual construction contract is NT$200 million or more and has a minimum contract duration of 18 months. Eligible projects are limited to the following:
1. Public utility projects privately funded and approved on a case-by-case basis.
2. Projects approved to incentivize private investment, approved for private participation in major public construction projects, or public works constructed under the Act for Promotion of Private Participation in Infrastructure Projects.
3. Construction projects building private schools, social welfare institutions, medical institutions, or social housing.
4. Construction projects building factories in major manufacturing investment cases.
When an employer undertakes a major private infrastructure project that meets one of the qualifications detailed in the subparagraphs of the preceding paragraph, and the total value of the project is over NT$100 million but less than NT$200 million, with a project duration of at least 18 months, the employer can apply for an employment permit if the cumulative total value of other major private infrastructure projects undertaken by the same employer is NT$200 million or more.
However, other major private infrastructure projects undertaken and completed by the employer in the previous paragraph with a total project value of less than NT$100 million, or a duration of less than 18 months at the time of the employment permit application are not counted as part of the total.
Applications for permits under the first three paragraphs must be confirmed by the central competent authority for the target industry as meeting the provisions detailed in those paragraphs.
When projects detailed in the subparagraphs of Paragraph 1 are planned or have equipment installation by a private entity, it can apply for an employment permit.
Article 18
The total number of foreign skilled workers hired by an employer listed in Article 16 to engage in construction skilled work on the same public work project is calculated based on the total project value, project duration, and grading indicators contained in individual construction project contracts, according to a formula designated by the Central Competent Authority. However, if the central competent authority for the target industry considers it necessary to increase the allocation ratio of foreign skilled workers, the approval of the Executive Yuan is required.
The total project value, project duration, and grading indicators referred to in the preceding paragraph must be verified by the project authority for the public work and its superior authority.
Article 19
The total number of foreign skilled workers hired by employers referenced in Article 17 to engage in construction skilled work on the same major privately funded infrastructure project is calculated based on the total project value and project duration detailed in individual construction contracts, according to a formula provided by the Central Competent Authority. However, when a private entity independently plans the construction or installation of equipment, and the individual construction project contract value is less than NT$100 million or the contract duration less than 18 months, it is not included in the calculation.
The total project value and project duration referred to in the preceding paragraph must be verified by the central competent authority for the target industry. However, if no individual construction contract has been signed for the project, the central competent authority for the target industry will determine total construction project value and duration based on the project plan.
Article 20
When a public works project undertaken by an employer receives a construction period certificate of extension from the project authority, and it is necessary to employ foreign skilled workers during the extended period, the employer is required to apply to the Central Competent Authority for an extension of the employment permit 14 to 120 days prior to the expiration of the original permit.
When a major privately funded economic infrastructure project independently constructed or invested in by a private entity receives a construction period certificate of extension from the central competent authority for the target industry, and it is necessary to employ foreign skilled workers during the extended period, the employer is required to apply to the Central Competent Authority for an extension of the employment permit 14 to 120 days before the original employment permit expires.
The number of foreign skilled workers that can receive an extension of employment under the preceding two paragraphs will be recalculated by the Central Competent Authority in accordance with the formula detailed in Article 18, based on the original construction period plus the extended period. The number cannot exceed the number originally approved by the Central Competent Authority.
The extended employment permit for foreign skilled workers referred to in the first and second paragraphs is limited to the duration of the extended construction period, and including the original employment permit period and extended employment period cannot exceed three years.
Article 21
When an employer undertaking a public works project still needs to employ foreign skilled workers during the project acceptance inspection period, and the project authority issues a certificate specifying the scheduled project acceptance completion date, the employer is required to apply to the Central Competent Authority for an extension of the employment permit 14 to 120 days prior to the original employment permit expiring.
The number of foreign skilled workers granted an extension of employment under the preceding paragraph cannot exceed 50 percent of the number employed for the project.
In accordance with the relevant regulations, foreign skilled workers reported to the Competent Central Authority as having been absent from work and out of contact without notice for three consecutive days will not be included in the number of skilled foreign workers referred to in the preceding paragraph.
The extended employment permit for foreign skilled workers referred to in the first paragraph is limited to the duration of the scheduled project acceptance inspection period, and combing the original employment permit period and extended employment period cannot exceed three years.
Article 22
When a foreign skilled worker is employed to engage in construction skilled work detailed in Subparagraph 4, Article 5, and the employer complies with the provisions of the Construction Industry Act, as long as it is recognized by the central competent authority for the target industry as having undertaken a construction project currently in progress and meets requirements prescribed by the Central Competent Authority, it can apply for an employment permit.
Article 23
When a foreign skilled worker is employed to engage in ocean fishing skilled work detailed in Subparagraph 5, Article 5, the employer is required to meet one of the following conditions:
1. Be a fishing vessel operator with a vessel of 20 gross tonnage or more and hold a fishing vessel license issued by the competent authority for the target industry.
2. Be a fishing vessel operator with a vessel of less than 20 gross tonnage and hold a fishery license issued by the competent authority for the target industry.
3. Have a fishing industry rights license for a cage aquaculture area issued by the competent authority for the target industry, or a cage aquaculture fishing access certificate issued by the exclusive fishery rights holder.
Article 24
In determining the total number of foreign skilled workers employed by employers detailed in Subparagraphs 1 and 2 of the above Article to engage in ocean fishing skilled work, the following numbers will be included, and the total cannot exceed the number of crew listed on the fishing vessel license:
1. The number of workers an employer applies to hire.
2. The minimum required number of senior crew members for going to sea, or the required crew complement for a motorized fishing vessel of less than 20 gross tonnage should be at least one person.
3. The number of workers already employed.
4. The number of foreign nationals whose employment permit to engage in work detailed in Subparagraphs 8 to 11, Paragraph 1, Article 46 of the Act was revoked for reasons attributable to the employer, in the two years prior to the date on which the application was filed.
The minimum number of senior crew required to go to sea and the required crew complement for a motorized fishing vessel with under 20 gross tonnage, detailed in the preceding paragraph, will be determined by regulations announced by the central competent authority for the target industry and related provisions of the Regulations on the Management of Crew Members of Fishing Vessels.
When the number of domestic crew going to sea on the same fishing vessel exceeds the above minimum required, the actual number of crew will be counted.
Article 25
When a foreign skilled worker is employed to engage in slaughterhouse skilled work detailed in Subparagraph 6, Article 5, and the employer is engaged in the slaughter of poultry or livestock, carcass processing, portioning, packaging and related work, and is recognized by the central competent authority for the target industry as meeting prescribed requirements, the employer can apply for an employment permit.
The Central Competent Authority and the central competent authority for the relevant industry can conduct on-site inspections in accordance with the provisions of the preceding paragraph.
Article 26
When a foreign skilled worker is employed to engage in outreach agricultural skilled work detailed in Subparagraph 7, Article 5, the employing agricultural association, fisheries association, cooperative related to agriculture, forestry, fisheries, or livestock, or a non-profit organization, can apply for an employment permit.
For foreign skilled workers engaged in outreach agricultural skilled work, the service contract must be performed at a site where actual agricultural, forestry, livestock, or aquaculture skilled work is conducted.
When an employer has hired foreign nationals to engage in any of the following types of work, it cannot apply to use outreach agricultural skilled services:
1. Ocean fishing work under Subparagraph 8, Paragraph 1, Article 46 of the Act, or ocean fishing skilled work under Subparagraph 5, Article 5.
2. Manufacturing work under Subparagraph 10, Paragraph 1, Article 46 of the Act, or manufacturing skilled work detailed in Subparagraph 3, Article 5.
3. Slaughterhouse work under Subparagraph 10, Paragraph 1, Article 46 of the Act, or slaughterhouse skilled work detailed in Subparagraph 6, Article 5.
4. Agricultural, forestry, livestock, or aquaculture work under Subparagraph 10, Paragraph 1, Article 46 of the Act, or agricultural, forestry, livestock, or aquaculture skilled work detailed in Subparagraph 8, Article 5.
Article 27
Employers detailed in Paragraph 1 of the above Article are required to submit outreach agricultural service plans to the central competent authority for the target industry.
The above agricultural service plan should include the following:
1. Certified documentation proving the employer’s qualifications.
2. Planning for services to be provided, items charged for and cost, contract template etc.
3. Planning for agricultural workforce allocation, supervision and training mechanisms.
4. Other information related to outreach agricultural services.
Once the outreach agricultural service plan is approved by the central competent authority for the target industry, the employer is required to proceed in accordance with the approved plan.
Article 28
The Central Competent Authority and central competent authority for the target industry can conduct on-site inspections in accordance with the provisions of the above two Articles.
If any of the following circumstances pertain, the Central Competent Authority will revoke the employer’s employment permit in part or in full, in accordance with Article 72 of the Act:
1. Sending foreign skilled workers to engage in outreach agricultural skilled work at sites that do not conduct agricultural, forestry, livestock, or aquaculture skilled work, and failing to rectify the situation within a designated period of time.
2. Violating related laws or failing to comply with the approved outreach agricultural service plan, with the violation determined to be serious by the central competent authority for the target industry or the Central Competent Authority.
3. Mismanagement or causing significant harm to the public interest.
Article 29
Foreign skilled workers employed at the locations detailed in Subparagraph 8, Article 5, engaging in agricultural, forestry, animal husbandry, or aquaculture skilled work, must be employed by an employer engaged in one of the following:
1. Operating a livestock farm that engages in the management of livestock and poultry, breeding, milking, egg collection, farm environment maintenance, waste treatment and recycling, feed preparation, disease prevention and control, and other livestock-related work.
2. Cultivating vegetables, flowers, seedlings, fruit trees, grains, industrial crops, turf, sprouts, and edible mushrooms, as well as protected agriculture-related work. This does not include the cultivation of betel nut, betel vine, or tobacco related work.
3. Engaging in seedling cultivation, afforestation and forest tending, and logging related work.
4. Engaging in aquaculture operations related to the management, breeding, harvesting of aquatic products, maintenance of aquaculture environments, and other aquaculture-related work.
5. Operating other agriculture, forestry, animal husbandry, or aquaculture industries designated by the Central Competent Authority in consultation with the central competent authority for the target industry.
Employers recognized by the central competent authority for the target industry as meeting related requirements can apply for an employment permit.
Data Source:Ministry of Labor / Law Source Retrieving System Labor Laws And Regulations