Information page on the Retention of Foreign Intermediate Skilled Workforce Program

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Currently, there is no labor contract template for intermediate skilled foreign workers. It is recommended that the foreign worker labor contract template and the content to which both parties have to agree should be reviewed.

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Live-in foreign care workers are not covered by the Labor Standards Act and as such the rules governing official holidays, leave and annual leave must be detailed in the labor contract signed by the employer and the foreign worker.

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Not required. Employers are not required to pay employment stability fee in the employment of mid-level technical workers.

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1. Recruitment of mid-level technical workers from abroad: proceed to health examination at the time of entry within 3 workers day after arrival, and take routine health examination within 30 days before and after the end of the 6th month, 18th month, and 30th month of employment.  
2.Transferred as mid-level technical workers in the country:
(1). When an employer applies for an employment permit he or she should include a Category II or Category III foreign worker health check-up certificate issued by a designated hospital within the past three months (including medical check-ups conducted 3 days after arriving in Taiwan, regular or supplementary medical check-ups). In addition, for individuals who meet the provisions of Subparagraphs 1 and 2, Paragraph 1, Article 43 of the Employment Regulations, employers should submit a health check-up certificate undertaken within the year prior to the employment permit coming into effect, or arrange for the foreign worker to undertake a health check-up at a designated hospital within 7 days of the employment permit coming into effect.
(2). Regular health check-ups are required to be conducted within 30 days before or after the 6th, 18th and 30th month of employment.
 

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(1) When foreign workers governed by the Labor Standards Act are not mandatory contributors as defined under the Labor Pension Act (new labor pension system) (for example foreign spouses, those with permanent residency etc), they are still subject to the pension system (old labor pension system) detailed in the Labor Standards Act.
(2) Before the establishment of the Ministry of Labor, the Council of Labor Affairs, Executive Yuan, on December 15, 2006, issued order Laotung Si Tzu 0950109148 indicating that the pay of foreign workers employed to engage in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Employment Service Act can be calculated as part of “total monthly salary.” However, the scope of the above interpretation does not apply to intermediate skilled foreign workers employed under Subparagraph 11, Paragraph 1, Article 46 of the Employment Service Act.
(3) In summary, after an employer applies for a foreign worker to be re-designated an intermediate skilled foreign worker, a Labor Retirement Reserve Fund account must be established in accordance with Article 56 of the Labor Standards Act, with 2-15% of the monthly salary placed in the account. As to the application process to establish a Labor Retirement Reserve Fund account and required documents, ask the competent local labor authority “County, City Government Labor Bureau (Office) or Social Affairs Bureau (Office).”

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(1) When a worker meets the voluntary retirement provisions in Article 53 of the Labor Standards Act (where the worker has worked for 15 years or more at a single business entity and reaches the age of 55; where the worker has worked for 25 years or more; where the worker reaches the age of 60 and has worked for 10 years or more) and applies to the employer to retire or the employer compels the worker to accept mandatory retirement in accordance with the provisions of Article 54 of the Act, the employer in accordance with the provisions of Article 55 gives the worker two base points for each full year of service. However, one base point is given for each full year of service over 15 years, the maximum number of base points being 45. The length of service is calculated as half a year when it is less than six months and as one year when it is more than six months.
(2) Article 57 of the Labor Standards Act and Article 5 of the Implementation Rules stipulate that a worker’s years of service are limited to years of employment at the same business entity and will be calculated from the first day of employment. If a worker originally engaged in work detailed in Subparagraphs 8 to 10, Paragraph 1, Article 46 of the Employment Service Act, but then transferred to engage in intermediate skilled work detailed in Subparagraph 11, Paragraph 1, Article 46 of the Employment Service Act, where the labor contract is not terminated the worker’s “years of service” will be calculated from the “first day of employment.” A determination as to whether a labor contract is continuous is dependent on the situation between employers and foreign workers; If the conditions for retirement are met the employer is required to pay the worker a pension in accordance with the standards provided in Article 55 of the Labor Standards Act.
(3) Employers can calculate the pension of intermediate skilled workers by using the Ministry of Labor’s old labor pension system calculation table (website: https://gov.tw/yti).

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(1) Employers should apply to the labor bureau where the business entity is located to establish a Business Entity Labor Retirement Reserve Supervisory Committee, which will then ask Bank of Taiwan to set up an account and the National Taxation Bureau to register the account.
(2) The amount of money to be allocated by the business entity (the contribution rate is 2-15% of salary per month) must be approved by the labor bureau where the business entity is located and after the employer receives a letter of approval from the aforementioned authority it can take the payment receipt and calculate the amount of contributions from the month in which approval is received, making the payment at a designated collection bank.
(3) If you have any questions refer to the website: https://pse.is/4hnsp6.

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Yes. According to Article 46 of the Regulations Governing the Permission and Management of Employing Foreigners, the responsibility of employer starts on the day of arrival of the recruited mid-level technical workers or the effective day of the employment permit, to the day the employment relation with the mid-level technical workers terminated and the workers departed, or the employment of the workers was renewed by new employers.  

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Yes. According to Article 60 of the Regulations Governing the Permission and Management of Employing Foreigners, when employers employing foreigners in engagement of nursing care work at institutions under subparagraph 9 , the works set forth in subparagraph 10, and the mid-level technical works set forth in subparagraph 11 of paragraph 1 under Article 46 of the Employment Service Act for more than 10 people, employers shall assigned service personnel for taking care of the livelihood of these workers. 

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Yes. According to Article 33 and Article 47 of the Regulations Governing the Permission and Management of Employing Foreigners, if there is a change in the place of residence of the mid-level technical worker, the employer should notify the competent authority at the locality of the place of work and residence of the foreigners in writing within 7 days after the change.  

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Yes, employers shall proceed with the Discretion Standard for the Plan of Caring and Service of Foreigners in their Livelihood. If the location of the accommodation for mid-level technical workers is not arranged by the employers as required, the local competent authority shall conduct inspection in accordance with the Discretion Standard for the Plan of Caring and Service of Foreigners in their Livelihood, and should interview with the mid-level technical workers to find out the true intent. 

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(1) If an employer changes the residence of an intermediate skilled worker, a report on the change in residence, foreign worker life care service plan, and a list of foreign workers changing residence should be submitted within 7 days to the local competent authority in the area where the intermediate skilled workers work and reside, pursuant to the provisions of Article 47 of the Regulations on the Permission and Administration of the Employment of Foreign Workers,
(2) After the local competent authority receives a report from an employer, officials will be dispatched to visit the intermediate skilled workers to determine their true intent, pursuant to the provisions of Article 33 of the Regulations on the Permission and Administration of the Employment of Foreign Workers,

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Yes. According to Article 56 of the Employment Service Act, if specific foreigner has been absent without leave for 3 consecutive days and is at large, or terminated the employment relation, the employer should report to the local competent authority, the entry and exit authorities and the police in writing within 3 days thereafter. In case of absence without leave or at large of a foreigner, the employer should report to the entry and exit authorities and the police in writing for investigation. According to Article 68 of the Regulations Governing the Permission and Management of Employing Foreigners, if a foreign employee of the employer acts in connection with the particulars inscribed in Article 56 of the Employment Service Act, the employer shall report to the local competent authority, the entry and exit authorities and the police, and also keep the ministry informed. 

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No. The employer may continue to use the quota for this worker to fill the vacancy. For example: if specific mid-level technical home nursing care worker remains at large, the employer may use the quota for this position.

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The Regulations Governing the Leave Taking by Foreigners engaged in the Works Set Forth from Subparagraphs 8 - 10 of Paragraph 1 under Article 46 of the Employment Service Act for Returning to Home Countries is not applicable. However, mid-level technical workers may, within the validity of the employment permit, be entitled to annual leave under the Labor Standards Act or the employment agreement, that they are entitled to arrange for annual leave.