Information page on the Retention of Foreign Intermediate Skilled Workforce Program

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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4. Employers - Changing Employers>1. Could mid-level technical workers switch to other employers at the expiration of the previous term of employment? What will be the procedure?

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Answer:
Yes. The procedure for mid-level technical workers in switching to another employer at the expiration of the term of employment will be the same as the switching to another employer of migrant workers at the expiration of the term of employment.

Release date ：2022/06/29
Update date ：2023/03/15

4. Employers - Changing Employers>2. If mid-level technical workers are permitted to switch to another employer, could they apply for registration of the change in employment at public employment service institutions?

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Answer:
Yes. If the mid-level technical worker is approved for switching employer or job, the application procedure and required documents for applicable shall be the same as for migrant workers.

Release date ：2022/06/29
Update date ：2023/03/15

4. Employers - Changing Employers>3. Could mid-level technical workers switch jobs to another industry? What will be the requirement?

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Answer:
It should be the same category of works but may switch to jobs in other industries if following conditions are satisfied:

(I) Eligibility of foreigners for employment: foreigners should meet the review standard in qualifying for the type of works in the employment.

(II) Eligibility of employers for renewal of employment: in the renewal for employment of foreigners by employers, the foreigners to be employed should meet the qualification requirement of the job.

(III) Switching procedure: the foreigner in point should register at the public employment service institutions for switching, and there is no employer registered for employment for the same category of works in 14 consecutive days. Then the employers in other category of work may renew the employment of the foreigner.

Release date ：2022/06/29
Update date ：2023/03/15

4. Employers - Changing Employers>5. Can intermediate skilled workers choose to engage in standard foreign worker employment?

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Answer:
Yes. The duration of the foreigner in engagement in mid-level technical work shall not be longer than the required period specified in Article 52 of the Employment Service Act in accumulation.

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Can intermediate skilled workers choose to engage in standard foreign worker employment?

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

4. Employers - Changing Employers>6. What will be the requirement for application of renewal of employment?

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Answer:
Employers of renewed employment should present related documents within 15 days after obtaining the document for proof of renewed employment to apply with the Ministry of Labor for the issuance of permit for renewal of employment.

Release date ：2022/06/29
Update date ：2023/03/15

4. Employers - Changing Employers>7. Is it necessary for the employers to obtain the recruitment permission letter for the renewal of employment of mid-level technical workers?

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Answer:
It is not necessary.In applying for the renewed employment of mid-level technical workers, the employers should present the documents for proof of the qualification of the foreigners to be employed in conformity to the requirement of the central competent authority, and proceed to register for renewal of employment or trilateral (bilateral) agreement on renewal of employment. For employment in other industries, other requirements should be observed.

Release date ：2022/06/29
Update date ：2023/03/15

4. Employers - Changing Employers>8. How could employers register for renewal of employment at the expiration of the previous term of employment to renew the employment of mid-level technical workers at public employment service institutions?

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Answer:

1. Employers are not required to apply for recruitment permit for employing mid-level technical workers, and only the candidates in the 2nd level or 4th level of priority are required for registration of employment renewal. In other words, this requirement is not applicable to those under the 1st, 3rd, and 5th level of priority.
2. Comply with the “AF-09 Application for Employment of Foreigners by Employers”, present related materials by the type of works to be engaged in and send the application to the public employment service center to apply for employment renewal registration.

Release date ：2022/06/29
Update date ：2023/03/15

4. Employers - Changing Employers>9. Is there any quota for employers in renewal of employment of mid-level technical workers?

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Answer:
Proceed with the standard for switching and the ratio or number requirement for the employer in employment of foreigners.For example: An employer in manufacturing applies for 5 foreigners in engagement of mid-level technical work for this time and the approve ratio of migrant worker is 20% and 5% for mid-level technical workers. There are 100 persons being applied for coverage of labor insurance. The employer has employed 8 foreigners and has obtained permit for recruitment of 3 persons, and may apply for permit of renewed employment or employment for filling vacancies for 2 persons. Quota already revoked in the last 2 years not because of the fault of the employer and the employer has employed 35 professional technical workers.In this case, the employer may only recruit 2 foreigners for engagement in mid-level technical work.

Release date ：2022/06/29
Update date ：2023/03/15

4. Employers - Changing Employers>10. Are the employers required to report on renewal of employment after applying for the renewal of employment of mid-level technical workers? What will be the procedure?What kind of documents should be presented?

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Answer:
Yes, it is required. In the renewal of employment of mid-level technical worker, employers should report to the local competent authority of labor by the deadline, and present an application, document for proof of employment unit or individuals and other required documents by the deadline to apply for renewed employment permit.

Release date ：2022/06/29
Update date ：2023/03/15

4. Employers - Changing Employers>11. What will be the allowable period of employment after the employers have applied for the renewal of employment of mid-level technical workers?

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Answer:

According to the Employment Service Act, employers may employ mid-level technical workers for up to 3 years. If the employers renew the employment of the foreigners previously approved for engagement in construction work, the duration of renewed employment should be the remainder of the term of employment of the foreigners previously approved.

Release date ：2022/06/29
Update date ：2023/03/30

4. Employers - Changing Employers>12. If the employer employed specific overseas Chinese student or foreign student as a intermediate skilled workers for 6 months and rescinded the employment contract, and the original employer or new employer has endorsed the employment of this overseas Chinese student or foreign student as intermediate skilled workers, could the salaries for this student be the same as NT$33,000?

Detail ：

Yes. The announced level of salaries under Article 63 of the Review Standard indicated that the regular salaries for overseas Chinese students or foreign student employed as intermediate skilled worker for the first time should be NT$30,000, and NT$33,000 for renewed employment. If the overseas Chinese students or foreign students employed as intermediate skilled worker not for the first time, the original employer or new employer shall pay NT$33,000 as the regular salaries.

Release date ：2022/07/11
Update date ：2023/03/15

4. Employers - Changing Employers>13.When industry category employers hire intermediate skilled foreign workers is the maximum level 50% of the total number of workers employed by the business entity? If the business employs white collar workers to engage in specialist or technical work are these excluded from the calculation?

Detail ：

Answer:
(1) Yes. When an industry category (including manufacturing, slaughterhouse and construction sectors) employer applies to hire intermediate skilled foreign workers the Ministry of Labor will check whether the number of foreign workers, including those in the application, account for more than 50% of the total workforce at the business entity or in the construction industry 50% of the number calculated using the project cost manpower demand model. If the number exceeds 50%, deductions will be made from the number of intermediate skilled foreign workers in the hiring application. For example, if the company has a total workforce of 100 and an application has been filed to hire 30 foreign workers and 15 special or technical foreign workers, if the company decides to apply for 6 more intermediate skilled foreign workers, it now has 51 foreign workers and has therefore exceeded the 50% maximum and so will only be allowed to employ 5 more intermediate skilled foreign workers.
(2) If the total number of foreign workers employed by a business entity exceeds 50%, it can apply to the Ministry of Labor for a special consultation and if the Central Competent Authority and central competent authority for the target business agree, specialist and technical foreign workers can be excluded from the calculation.

Release date ：2023/03/15
Update date ：2024/03/26

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