I. In accordance with the provision of Subparagraph 2, Article 5 to “ the Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act (the Criteria Standards herewith)”, foreigners with a bachelor’s degree undertaking specialized or technical jobs shall have more than two years working experience in a specific field. Further, in accordance with Article 6 of the Criteria Standards, to assist companies in retaining professional and technical employees in response to the changes in the industry environment, foreigners may be exempted from the limitation of two-year work experience by the agreement with the central competent authority in consultation with the authority concerned at the central government level.
II. There are two types of consultation mechanisms – general case consultation and individual case consultation:
A. General consultation:
1. According to the Order Lao-Tung-Fa-Guan-Tzu No. 11005111363 of the Ministry on January dated Jul. 21th, 2022, employers hiring foreigners with a bachelor’s degree or above undertaking specialized or technical jobs, for those with one of the following qualifications, the foreigners that they employ are exempted from the work experience requirement:
(1) Employers who acquire the “certification letter of the range of the enterprise operational headquarters,” “authorization letter of domestic and foreign enterprises’ plans to establish research & development centers in Taiwan,” “certification letter of MOEA’s Electronics and Information International Partner Firm Awards” with one year validity starting from the day after receiving the award, or belong to “any of the 11 types of important strategic emerging manufacturing enterprises and technical service providers as set out under Annex 10 of Paragraph 1, Article 5 of the Regulations for Encouraging Manufacturing Enterprises and Technical Service Enterprises in the Newly Emerging, Important and Strategic Industries.”
(2) Business entities in the Science Parks which hire foreigners to undertake the design, industrial technology advancement or research & development, operational management and relevant studies, business promotion in regions speaking uncommon languages and market research, and so on, for the purpose of product manufacturing or labor services.
(3) Business entities that comply with definitions of a “startup with innovation capability” listed in the HeadStart Taiwan Program.
(4) Public national secondary schools or public national primary schools employ foreigners to work as English teaching assistants.
In addition, foreign students, overseas Chinese students, and other ethnic Chinese students who have graduated from university or college in Taiwan starting in academic year 2011 are exempted from the work experience requirement.
2. Besides, in accordance with Article 6 of “the Act for the Recruitment and Employment of Foreign Professionals,” a foreigner who has obtained a bachelor’s or higher degree from one of the world’s top universities as announced by the Ministry of Education, need not have a specified period of work experience.
B. Individual case consultation: When proposing the application case for hiring foreign professional personnel, the employer shall also submit the consultation table and documents as requested to propose individual case consultation application to the Ministry of Labor. The Ministry Of Labor will pass it to authority concerned at the central government level to ask for their opinions. In accordance with the results of response from the authority concerned at the central government level, the Ministry of Labor will use it as a basis of accepting or rejecting the case.
III. Relevant information can be found in “Consultation Mechanism” section under the website of EZ Work Taiwan