勞動力發展署全球資訊網-英文網

Latest News

Go TO Content

Ministry of Labor Issues "Act for the Recruitment and Employment of Foreign Professionals" relevant laws and regulations on the work of foreign professionals in Taiwan

Publish Unit

Cross-Border Workforce Management Division

Publish Date

2018-02-22

HitCount

66


Ministry of Labor Issues "Act for the Recruitment and Employment of Foreign Professionals" relevant laws and regulations on the work of foreign professionals in Taiwan

In order to strengthen the recruitment and employment of foreign professionals and enhance national competitiveness, the "Act for the Recruitment and Employment of Foreign Professionals" was promulgated by the President on November 22, 2017, and approved by the Executive Yuan on February 8, 2018.

In conjunction with this law, the Ministry of Labor issues a longest work permit for a period of up to 5 years during the period of employment permit for a special foreign professional, issues for foreign artist a personal work permit, the adult children who stay in Taiwan along with the parents of obtaining permanent residence foreign professional to apply for a work permit, and other provisions and forms.

According to Article 4 and Article 7 of the "Act for the Recruitment and Employment of Foreign Professionals", the Ministry of Labor stated that employers wishing to hire certain foreign professionals must comply with the science and technology, economy, education, culture and arts, sports, finance, law and construction of 8 major areas of foreign qualifications as announced by the competent central government agencies, and the employer applies to the Ministry of Labor for employment permits, with permission, the employment permit period of up to 5 years, without the limitation of maximum 3-year stipulated in the Employment Services Act Article 52. 

At present, the Ministry of Science and Technology, the Financial Management Commission and the Legal Department have issued notices on the qualifications of foreigners in 3 fields such as science and technology, finance and law, and the Ministry of Labor jointly promulgates the documentary requirements for foreigners who meet the prescribed areas and relevant qualifications, the period of time for the employer to apply for the employment permit may be 1 application for up to 5 years.

In addition, in order to optimize the employment environment of arts and culture in our country, the Ministry of Labor is governed by Article 10 of the Act for the Recruitment and Employment of Foreign Professionals, negotiating with the Ministry of Culture to stipulate the " Regulations on the Work Permit and Administration of the Foreign Professionals engaging in arts and Performing arts " and the documents required for application, etc., and start implementation since February 8, 2018 simultaneously.

In the future, foreign professionals engage in 4 types of artistic work in performing and visual arts, publishing, film, radio, television and pop music and craft, and meet the qualifications listed in the above-mentioned measures, without the employer's application, may apply for a work permit from the Ministry of Labor.  Working in art with permission, however, the content of work should be the same as the scope of permission.

Ministry of Labor explained, foreign professionals who have obtained permanent residency, their adult children can apply for a work permit.  The Ministry of Labor has made the reviewing directions in accordance with Article 17 of the “Act for the Recruitment and Employment of Foreign Professionals". The reviewing directions is referred to as “Application Case and Reviewing Operation Directions for MOL processing under Article 17 of the Act for the Recruitment and Employment of Foreign Professionals" and the Regulations shall take effect on 8, February 2018. According to this reviewing direction, foreign professionals who are or have been engaged in professional work for hire are approved for permanent residence by the Immigration Department of the Ministry of the Interior, their adult children are deemed by the Immigration Department of the Ministry of the Interior, and meet one of the following conditions:

1. Having lawfully accumulated ten years of residence in our country, and having stayed in the State for more than 270 days in each of those years.

2. Having entered the State before the age of sixteen, and having stayed in our country for more than 270 days each year.

3. Having been born in our country, and having lawfully accumulated ten years of residence in our country, and having stayed in our country for more than 183 days in each of those years.

Without the employer's application, they may apply directly to the Ministry of Labor for a personal work permit to work in our country without any restrictions on the type of work or period of the work permit.

Ministry of Labor said, employers or foreigners employment applications in line with the relevant provisions of “Act for the Recruitment and Employment of Foreign Professionals", from now on, they can apply to the Ministry of Labor Workforce Development Agency in accordance with the new regulations.  Relevant information has been placed under the “Announcements & Legal Interpretations" and the "Q&A" in “EZ Work Taiwan” (http://ezworktaiwan.wda.gov.tw/) set by the Ministry of Labor Workforce Development Agency.  Welcome public inquiries, or call the Ministry of Labor Call Service Center 02-89956000 for the contact.