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Introduction to the Long-term Retention of Skilled Foreign Workers Program


In order to supplement the industry workforce on April 30, 2022, the Ministry of Labor officially implemented the “Long-term Retention of Skilled Foreign Workers Program.” This applies to industries that already hire foreign workers, including manufacturing industry, slaughterhouse industry, construction industry, the agriculture and long-term care sector, allowing the retention of workers who have worked in Taiwan for 6 years or more, or overseas Chinese and foreign students who have obtained an associate degree or higher from an educational institution in Taiwan, who meet salary condition eligibility and the required skill level, with employers applying for them to be re-designated intermediate skilled foreign workers. There is no limit to the number of years an intermediate skilled foreign workers can work in Taiwan, they receive a higher salary, have a more advanced skill level and are not required to pay an employment security fee. After working for a further five years, such individuals can also apply for permanent residency.


Intermediate skilled foreign workers continue to receive labor and health insurance protections and if in the future industry category intermediate skilled foreign workers to whom the provisions of the Labor Standards Act apply retire in Taiwan the old labor pension system applies. After an employer applies for a foreign worker to be re-designated an intermediate skilled worker, permission will be given to retain the needed number of personnel with the requisite skill level. In addition, the employer is also permitted to apply to recruit the same number of new foreign workers as the number of original foreign workers re-designated intermediate skilled foreign workers. As such, the increase in the number of foreign workers hired by an employer also helps to alleviate employment needs.


Press release: https://www.wda.gov.tw/News_Content.aspx?n=7F220D7E656BE749&sms=E9F640ECE968A7E1&s=B55C7B2F38FFE80D

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Detail :

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For solving the problem of labor shortage in the domestic industrial sector, and keeping migrant workers with technical skills after working in Taiwan for certain period of time, and the foreign and overseas Chinese students educated in the schools of higher education in Taiwan conferred with associate bachelor degree and higher , the Executive Yuan has approved the “Keeping foreign mid-level technical workers scheme” (hereinafter, “Keeping good quality migrant workers for long-term employment” program)  on February 17 2022 thereby employers may apply for qualified migrant workers and foreign and overseas Chinese students for employment of technical works pursuant to subparagraph 11 of paragraph 1 under Article 46 of the Employment  Service Act, that “due to the specific nature of work that no qualified personnel is available in the country, which make it necessary to employ foreigners for performing this type of work, and at the special approval of the central competent authority”, on condition that the right of employment and salary conditions of the local population remained unaffected. 

  • Release date :2022/06/28
  • Update date :2023/03/14

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If foreign nationals meet any of the following condition employers can apply: 

1. Foreign nationals (hereinafter, “migrant workers”) who have been employed to engage in work detailed in Subparagraphs 8-10, Paragraph 1, Article 46 of the Employment Service Act and worked for 6 consecutive years or more, or those who have worked for the same employer for six years or more.

2. Migrant workers who worked for 6 years or more in Taiwan, left the country, returned and accumulated a total of 11 years and six months or more working in the country.

3. Migrant workers who have worked for a total of 11 years and six months or more in Taiwan but have left the country.

4. Foreign students, overseas Chinese students, and other ethnic Chinese students who graduated from schools of higher education in Taiwan and earned an associate bachelor degree or higher.
 

  • Release date :2022/06/28
  • Update date :2023/11/28

Detail :

Answer:

Employers can apply for intermediate skilled foreign worker status for migrant workers who left Taiwan but returned and worked for six consecutive years, who have worked for the same employer for six years or more, or who have worked in the country for a total of 11 years and six months or longer. In addition, only former employers of migrant workers who have worked in Taiwan for a total of 11 years and six months or more but have since left the country, can apply for them to return to work in Taiwan as intermediate skilled foreign workers. However, anyone who meets the conditions detailed in Paragraph 5, Article 43 of the Regulations on the Permission and Administration of the Employment of Foreign Workers, such as employers, relatives of care recipients within three degrees of kinship, or care recipients with no relatives in Taiwan, can also apply.

  • Release date :2022/06/28
  • Update date :2023/11/28

Detail :

Answer: 
Only a few categories of work are opened to foreign intermediate skilled workers like ocean fishing work, manufacturing work, slaughterhouse work, construction work (including public construction projects, major private sector construction projects and general construction work) outreach agricultural work, agricultural work (including food, forestry, animal husbandry, aquaculture and fisheries work), institutional care work and live-in care work.

  • Release date :2022/06/28
  • Update date :2023/11/28

Detail :

Answer:
On October 15, 2023, the Ministry of Labor revised the intermediate skilled work law to open up intermediate skilled general construction work, intermediate skilled forestry, animal husbandry, aquaculture and fisheries work. In the future, if another key industry is designated by the central competent authority for the target industry and agreement reached with the Ministry of Labor, there will be ongoing discussion about designating it an industry open to intermediate skilled work.

  • Release date :2022/06/28
  • Update date :2023/11/28

Detail :

Answer:
If a migrant worker returns to his home country to visit family during the period for which the employment permit is valid and was forced to remain overseas for a period due to the outbreak of the COVID-19 pandemic or other reason, but returns to Taiwan later, or in accordance with the provisions of Paragraph 1, Article 59 of the Employment Service Act, and with the agreement of the MOL, transfers employer or work and is waiting for the transfer, the period for which the worker is employed to work in Taiwan will still be viewed as continuous and therefore allow an application to engage in intermediate skilled work.

  • Release date :2023/03/25
  • Update date :2023/03/25

Detail :

Answer: 
No time limit in years.According to Article 52 of the Employment Service Act, employers may employ mid-level technical workers for up to 3 years. If the employers meet the condition, they may apply for renewal of the employment at the expiration of the previous term of employment. There is no limitation of how long this type of workers may work in Taiwan.

  • Release date :2022/06/29
  • Update date :2023/03/17

Detail :

Answer: 
According to Article 53 and Article 59 of the Employment Service Act, foreign mid-level technical workers may switch to another employer or job within the validity of the current employment permit for reasons that the foreign workers should not be held responsible. The procedure for mid-level technical workers in switching employer shall be the same as migrant workers switching employers currently in effect. 

  • Release date :2022/06/29
  • Update date :2023/03/31