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FAQ - Laws and Regulations

  • Q1: What are the laws and guidelines that employers should know when hiring foreign professionals to work in Taiwan? Where can the applicable laws and regulations be found?

    The applicable laws and regulations include the Employment Services Act, the Regulations on the Permission and Administration of the Employment of Foreign Workers, and the Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Services Act. The laws and regulations mentioned above can be found under Foreign Workers for Specialized or Technical Assignments on the website of the Workforce Development Agency, Ministry of Labor. (https://laws.mol.gov.tw/Eng/index.aspx

    The Act for the Recruitment and Employment of Foreign Professionals and related regulations can be found in “Foreign Professionals Act” section, or under the website of the National Development Council. (https://foreigntalentact.ndc.gov.tw/en/Default.aspx) 

  • Q2: Why is an application fee required for applications for foreign professional workers by the one-stop service center in Ministry of Labor?

    The applicable laws and regulations include the Employment Services Act, the Regulations on the Permission and Administration of the Employment of Foreign Workers, and the Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Services Act. The laws and regulations mentioned above can be found under Foreign Workers for Special Professions or Technical Assignments on the website of the Workforce Development Agency, Ministry of Labor.

     

  • Q3: Why is an application fee required for application of foreign professional workers by the one-stop service center in Ministry of Labor?

    According to Article 81 of Employment Service Act: “The competent authorities shall charge fees for examination and permission in accordance with the Act…”, On December 11, 2002, Ministry of Finance promulgated “Charges and Fees Act,” Article 1: stipulates” This Act is enacted to establish a sound levying system of charges and fees, ensure fairness of financial burden, cause an effective utilization of public resources, and better protect right and interest of the people.” Based on the principle user-pay, the Council will charge application fees for applications of foreign professional workers.

  • Q4: Explanation of Consultation mechanism for foreigners holding a bachelor’s degree and engaging in professional or specialized work wishing to apply for exemption in the 2-year work experience requirement.
    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. 11005116391 of the Ministry on January dated Aug. 18th, 2021, 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.
    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 (https://ezworktaiwan.wda.gov.tw/cp.aspx?n=06DA2961BD6B0D76).