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The amendment to the Employment Service Act on 2016/11/03 removed the requirement that migrant workers have to depart Taiwan for 1 day at the expiration of the employment permit before allowing to re-entry Taiwan for employment. Accordingly, employers should apply for the renewal of the employment permit for the migrant workers who intend to continue the employment after expiration in the period of 2 to 4 months prior to the expiration date. Or, mployers should proceed to the administration procedure for migrant workers may still want to work in Taiwan but intend to switch to another employer. The failure to proceed with these proceduers shall be deemed a violation of the Employment Service Act thereby liable to a fine from NT$60,000 to NT$300,000. According to the Ministry of Labor, after the amendment of the Employment Service Act, employers should apply for renewal of the employment permit for the migrant workers who intend to continue the employment after expiration in the period of 2 to 4 months prior to the expiration date. Or, employers should apply for the departure of migrant workers who want to return home after the expiration of employment within 14 days prior to the expiration date. If the migrant worker want to seek new employer, the original employer should apply with the Ministry of Labor for proceeding the switching of employer for the migrant worker with the Ministry of Labor in the period of 2 to 4 months prior to the expiration date, and register related information at the information system for switching employer (at:http://labchg.evta.gov.tw/fl_map/internet/index.jsp)for contact new employers and handle related matters. https://dhsc.wda.gov.tw/iFirst/TransferFlow

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1. Present related documents and apply at the migrant worker online system (https://fwapply.wda.gov.tw/) for switching to new employer or job. 2. If a prospective new employer has been found, the migrant worker and the old emploeyr shall enter into a tripartite agreement on proof of continued employment. The new employer should then present this agreement for reporting and proceed to the employment permit application procedure. (https://dhsc.wda.gov.tw/iFirst/ContinueFlow

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1. In principle, the migrant worker may not switch to another type of work in processing the switching to another employer unless under any of the following circumstances that the migrant worker may switch to a new employer for a new type of work: (1) The migrant worker register at the employment center for switching employer but no new employer seeking migrant worker for the same type of work for more than 14 consecutive days, employers of other type of works may continue the employment of such migrant worker for the job with the spcial recruitment permission letter. (2) Suffered from sexual abuse, sexual harassment, physical violence and assult, or identified as a victim of human trafficking. (3) Approved by the Ministry of Labor. 2. Caregivers (including family nursing worker and nursing worker at homes for the elderly) and maid shall be construed as the same type of work.

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Present the following (1) “Application for Switching Employer or Job by Foreigners” in the edition of the native language of the migrant worker (2) “Letter of Consent of Foreigner in Switching Employer or Job” in the edition of the native language of the migrant worker (3) Photocopy of the passport or resident visa of the migrant worker. (4) Photocopy of Employment Permit Revocation Approval Letter or No Issuance of Employment Permit Approval Letter , and register with the public employment service institution for switching.

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The migrant worker may register for switching at the public employment service institution at the preferred district for working, or with the previous public service institution of previous registration in the period allowed for switching.

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The public employment service institution will notify the previous employers, the new employers and the foreigners weekly to join a coordination meeting at the time and place specified.

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1. If the previous employers, new employers cannot attend in person, they may appoint proxies to attend with the issuance of power of attorney. The absence of the new employers or the proxies in the meeting shall be deemed abandonment of the opportunity. 2. The migrant worker should bring the passport, resident visa, or other proving documents to attend the coordination meeting unless the passport or resident visa was under illegal detention. 3. If the migrant worker cannot attend with justifiable reason with supporting documents, notify the public employment service institution, or shall be deemed abandonment of switching employer or job.

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