Detail ：

The migrant worker may switch to another employer or job in case of the decease of the recipient of caregiving, the shut down of business by the employer, which is not the fault of the migrant worker in employment, or at the common consent of the employer and the employee and at the approval of the competent authority at the central level.

Detail ：

If any of the following occurs, the migrant worker concerned may switch to another employer or job with the approval of the competent authority at the central level:

I. The employer or the recipient of caregiving is dead or migrated to other countries.

II. The ship was detained, sunk, or in repair, so the worker could not continue to work.

III. The employer shut down the factory, the operation, or failed to pay salaries to the workers with the termination of the employment agreement.

IV. Any other matters that are not the fault of the foreigners

Detail ：

The migrant worker in transfer and the employer of continued employment shall visit the public employment service institution to proceed with the transfer or acceptance registration and complete the procedure after matching the public employment service institution or under a tripartite agreement on employment. Once the transfer procedure is completed, proceed with the reporting on continued employment and the application for a continued employment permit.

Detail ：

The migrant worker or the previous employer shall, within the time limit specified by the competent authority at the central level, present the application, document for proof of the consent of the foreigner in switching employer or job, and the photocopy of the letter of permission of revoking employment permit or no issuance of employment permit, and register for switching at the public employment service institution.

Detail ：

The public employment service institution shall inform the previous employer, the applicant of continued employment, the migrant workers and related personnel who should be present for a coordination meeting each week, and issue a certificate of continued employment upon successful matching.

Detail ：

The employer shall report to the county/city government at its locality on the continued employment within 3 days after the day of continued employment. Note to reporting

Detail ：

The employer shall apply with the Ministry of Labor for the Letter of permission for continued employment within 15 days from the day after the day of continued employment.

Website for application https://fwapply.wda.gov.tw

Detail ：

The migrant worker in employment may, in the period of 2 to 4 months prior to the expiration of the employment permit, switch to another employer after consultation with the previous employer of no further employment upon expiration of the employment permit. The employer shall apply with the Ministry of Labor for the permit of no continued employment and transfer of the migrant worker within the aforementioned time limit.

Website for applicationhttps://fwapply.wda.gov.tw

Detail ：

Employers may register at the public employment service institution to apply for continued employment of migrant workers. The public employment service institution will then proceed to match for continued employment in an open coordination meeting every week. Or, the previous employer, new employer, and migrant worker may seek to enter into a tripartite agreement or agreement between the employer and employee for continued employment.

Detail ：

Agreement of both sides on continued employment

If the employment permit between the previous employer and the migrant worker was revoked (including the revocation at the time of applying for a transfer permit or the violation of applicable laws by the employer).

If the employer and the migrant worker reached agreement on continued employment, they still report to the local government on the continued employment and apply with the Ministry of Labor for the continued employment permit.

 Tripartite agreement on continued employment

If the employment permit between the migrant worker and the previous employer is still effective and has not been revoked, the migrant worker, the previous employer and the new employer shall continue the employment at the common consent of the three parties.

If the three parties reached agreement on continued employment, it is still necessary to report to the local government of the continued employment and apply with the Ministry of Labor for the continued employment permit.

Detail ：

To bolster the mechanism of the public employment service institution in voluntary matching of employers and migrant workers, the “Employment and Migrant Workers Transfer Service Center” was established in Changhua and Taoyuan. Through the 3 major functions of “matching”, “information supply”, and “information sharing”, the center avails 6 major service features of “Dual Languages in 4 countries”, “One-stop service with the designated person in the mother language of migrant worker”, “videoconferencing”, “daily matching”, “digital value-adding”, and “friendly guide” to provide the best service in matching employers and migrant workers and help to speed up the switching of employer and job.

The Employment and Migrant Workers Transfer Service Center in Taoyuan: Telephone: 03-3333005, extension 2304, Address: No. 59, Xianfu Road, Guangxing Li, Taoyuan District, Taoyuan City.

The Employment and Migrant Workers Transfer Service Center in Changhua: Telephone: 04-7266521   Address: 1F, No. 838, Zhongshan Road Section II, Longshan Li, Changhua City, Changhua County

Detail ：

Migrant worker switching procedure, switching registration, switching job and inquiry of the person

Detail ：

[General switching and continued employment]

Q1. What is the procedure for migrant workers to switch employers?

A:

1. Application Transfer Permit: If the employer and the migrant worker agree on the transfer, proceed with the related procedure within 60 days. The procedure for a transfer permit may be skipped if the previous employer, the new employer, and the migrant worker have reached an agreement and could just continue the employment. 

2. Registration at the public employment service institution: the employer shall register at the employment service institution of the transfer within 14 days after the approval of the Ministry of Labor with the issuance of the transfer permit and assist the migrant worker in participating in the coordination meeting held by the public employment service institution. 

3. Report on continued employment: the new employer shall report to the local government within 3 days after the day of continued employment. 

4. Application for continued employment: the new employer shall apply with the Ministry of Labor for continued employment within 15 days after the continued employment of the migrant worker. 

Q2. What will the transfer procedure be if both the employer and the migrant worker agree to transfer?

A:

Before the continued employment of a new employer, the previous employer shall apply for transfer permit and the transfer permit will be good for 60 days. The previous employer shall register with the public employment service institution and participate in the coordination meeting for the migrant worker in this period of 60 days to assure a new employer can continue the employment of the migrant worker. 

Application method: use the online application system for the application of foreigners at 

(https://fwapply.wda.gov.tw/)

Q3. If both the employer and the migrant worker agreed on the transfer, is it necessary to apply for the revocation of the employment permit at the same time?

A:

 Not exactly. When the employer and the migrant worker agree on the transfer, the employer may apply for the revocation of the employment at the same time. The Ministry of Labor will revoke the employment on the designated date of both sides, and halt the calculation of the employment stability fee. The employer and the migrant worker may also agree not to revoke the employment permit and continue valid employment under the law. During this period, the calculation of the employment stability fee shall be continued, and the migrant worker can still continue to work for the employer. 

Q4. How can the transfer procedure be proceeded with with the common consent of the previous employer and the migrant worker?

A:

1. Present the required documents and apply at the online application system (https://fwapply.wda.gov.tw/). Apply for a switching employer or job for the migrant worker.

 2. If a new employer with a recruitment permit has been found, the migrant worker, the previous employer, and the new employer shall sign a document for proof of tripartite agreement on continued employment, and the new employer shall present this document for reporting on the continued employment and apply for the continued employment permit. https://dhsc.wda.gov.tw/iFirst/ContinueFlow

 Q5. How do you apply for switching employers? What kinds of documents are required?

A: Refer to Continued/transfer foreigner-direct employment in Taiwan (wda.gov.tw)

Q6. Could the migrant worker switch to another employer in other job categories?

A:

1.In general, migrant workers cannot register for switching employers of other work categories unless under any of the following circumstances that the migrant worker can switch to the employer of other work categories: 

(1) The migrant worker registers at the employment service center to switch employers, but there is no employer of the same work category responding to continue the employment for 14 consecutive days. Employers of other job categories with recruitment permits may then apply for the continued employment of this migrant worker. 

(2) Suffered from sexual assault, sexual harassment, common assault, or verified as a victim of human trafficking. 

(3) Approved by the Ministry of Labor.

2.Caregivers (including private caregivers and caregivers at institutions) and maids shall be deemed the same category of work.

Q7. How could migrant workers register for transfer?

A:

 Present the following (1) “Application for Switching Employer or Job for Foreigners” in the mother language of the migrant worker, (2) “Document for proof of the consent of foreigner in switching employer or job” in the mother language of the migrant worker, (3) Photocopy of the passport or residence visa of the migrant worker. (4) Photocopy of the Letter of permission for employment revocation or Letter of no issuance of employment permit. Register at the public employment service institution for the transfer.

Q8. Could the migrant worker register for transfer to other districts?

A:

The migrant worker may choose the public employment service institution in the district where he or she wishes to work for the transfer and may also register at the employment service institution of registration for employment within the transfer period to apply for a change in the district of registration. 

Q9. How do you participate in the migrant worker and employer matching meeting?

A:

The public employment service institution should inform the previous employer, applicants of continued employment, foreigners, and related personnel to attend the weekly coordination meeting. Migrant workers shall attend the meeting at the time and place specified in the notice. 

Q10. What will be the important notice at the coordination meeting of the public employment service institution?

A:

 1. If the previous employer and new employer cannot attend the meeting in person, they may appoint a proxy to attend with the issuance of a power of attorney. If the new employer or its proxy is absent from the meeting, it shall be deemed their abandonment of the opportunity for this instance. 

 2. Migrant workers shall bring along their passports, residence visas, or other related documents to the coordination meeting. Unless the passport and residence visa have been illegally detained. 

3. The migrant worker may be absent from the meeting with justifiable reason and related proof, and inform the public employment service institution, or the absence shall be deemed the abandonment of switching employer or job.

Q11. Will there be any problem if the migrant worker is absent from the matching meeting for switching employers?

A:

If the migrant worker is absent from the meeting without justifiable reason, it shall be deemed the abandonment of switching employer or job. Accordingly, the public employment service institution will, within 14 days from the day after the coordination meeting, notify the employer to arrange for the departure of the migrant workers by a specific deadline.

Q12. How could the employer check the progress of the application for switching employers?

A:

Inquiry of switching employer by migrant worker - foreigner labor right net - Laborforce Development Administration, Ministry of Labor (wda.gov.tw)

[Switching at the expiration of employment]

Q1. What is switching at expiration?

A:

The employer shall apply for continued employment of the migrant workers who are willing to continue the employment in the period of 2 to 4 months prior to the expiration of employment or apply for switching employer for the migrant workers who are not willing to continue the employment but still want to work in Taiwan. The failure of the employer to apply shall be construed as a violation of the Employment Service Act and subject to a fine ranging from NT$60,000 to NT$300,000.

The employer shall confirm if the migrant worker still agrees to be employed by the previous employer in the period of 2 to 4 months prior to the expiration of employment. If so, the employer shall apply with the Ministry of Labor for the continued employment of the migrant worker at the expiration of the previous term of employment. If the migrant worker wants to switch to a new employer for employment, the previous employer shall apply with the Ministry of Labor for switching employers at the expiration of employment in the period of 2-4 months prior to the expiration of employment. The Ministry of Labor will consider the intent of the migrant worker and post related information on switching employers in the system so that new employers may contact the ministry for matching. 

Q2. Does the migrant worker want to continue the employment at the expiration of the term of employment? If so, how could the migrant worker switch to a new employer after expiration of current term of employment?

A:

1. The migrant worker reached an agreement with the previous employer on no continued employment in the period of 2 to 4 months prior to the expiration of the term of employment and is willing to be employed by a new employer. 

The previous employer shall present the required documents and apply online at the migrant worker online application system (https://fwapply.wda.gov.tw/) for switching employers or jobs. 

2. The new employer may present the letter of permission for recruitment to sign a document for proof of agreement on continued employment with the migrant worker prior to the expiration of the previous term of employment, and apply directly with the Ministry of Labor for continued employment.

Q3. What documents will be required to apply to switch employers at the expiration of the current term of employment?

A:

The previous employer shall present the following documents: (1) Application document. (2) Document for proof of the agreement of the foreigner in switching employer or job. Apply using the migrant worker online application system (https://fwapply.wda.gov.tw/) to switch employers or jobs at the expiration of the current term of employment.

Q4. Is it necessary for the migrant worker to register at the public employment service institution for transfer at the expiration of the current term of employment to switch employers or jobs?

A:

Not necessary. If the previous employer applies for switching employers for the migrant worker at the expiration of the term of employment and is approved by the Ministry of Labor, the previous employer may directly register the information on the migrant worker in the migrant worker switching employer area without going to the public employment service institution for registration of transfer. The public employment service institution will base on the registered information to process the switching of employer for the foreigner. 

Q5. Could the migrant worker switch to other kind of work at the time of switching employer after the expiration of employment?

A:

Yes. If the transfer is due to the expiration of the term of employment that the migrant worker may switch to other kind of work and employed by another employer. 

Q6. Migrant worker will be continued to be employed by the new employer at the expiration of employment for transfer during the switching period. How could the new employer apply with the Ministry of Labor for continued employment at the expiration of the previous employment of the migrant worker?

A: The new employer shall, within 3 days from the day of continued employment of the foreigner (the day on which the public employment service institution issued the document for proof of continued employment after the expiration of the previous term of employment, and the day on which the new employer and the foreigner entered into agreement on acceptance of continued employment), report to the local government on the continued employment, and apply with the Ministry of Labor for approval of continued employment of the foreigner within 15 days after the continued employment of the foreigner. The required documents are: I. Application document. II. Identification document of the applicant or the person in charge of the company, company registration or business registration certification document, factory registration certification document, photocopy of the certificate for registration of business under special permission unless exempted by applicable rules. III. Document issued by the local competent authority for proof of acceptance of the report.