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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7. Job Brokers - Eligibility for application>1.What is the definition of regular salaries?Is overtime duties compensation included?

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Regular monthly salaries shall refer to the wages for employees for employment on a monthly basis, including the housing allowance, traveling, meals, utilities, bonus, and attendance reward released on a monthly basis, but excluding the compensation for overtime duties.

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What is the definition of regular salaries?Is overtime duties compensation included?

Release date ：2023/04/07
Update date ：2023/04/07

7. Job Brokers - Eligibility for application>2.Are benefits in kind (such as board and lodging expenses) considered part of regular salary? How should these be defined in a labor contract? What is the upper limit of such expenses?

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(1) Yes. In accordance with the provisions of the Labor Standards Act, workers and employers can agree to benefits in kind, but the value of those benefits must be negotiated by the two sides and a reasonable evaluation reached.
(2) In accordance with the provisions of the Regulations on the Permission and Administration of the Employment of Foreign Workers, when an employer pays a worker other than with salary related certified documents must be provided, with a copy handed to the foreign worker for safekeeping. As such, the labor contract must clearly stipulate that the two parties agree to the provision of board and lodging as payment in kind for part of the salary, with the total value of such payments also clearly indicated.

Release date ：2023/04/07
Update date ：2023/04/07

7. Job Brokers - Eligibility for application>3.What is the definition of total monthly salaries?

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Total monthly salary refers to the regular monthly salary paid by the employer to employees (including salary and monthly allowances), overtime pay and other occasional payments (year-end bonus, festival bonuses, employee bonuses, performance bonus etc).

Release date ：2023/04/07
Update date ：2023/05/30

7. Job Brokers - Eligibility for application>4.If specific migrant worker can satisfy the condition of working in Taiwan for 6 consecutive years only at the expiration of current term of employment, could the original employer apply this migrant worker to assume mid-level technical work pursuant to Subparagraph 1 of Paragraph 1 under Article 43 of the employment regulations 2 months prior to the expiration of the current term of employment?

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No. The migrant worker to be applied for assuming mid-level technical work by employer must have been working in Taiwan for more than 6 consecutive years in order to be eligible for applying at the time of application, and the expected day of employment must fall within the effective period of current employment but later than the day of application. Before the Ministry of Labor has issued the employment permit for intermediate skilled worker, foreigner is not permitted to engaged in Category III of works for foreigners. If the original employer intends to employ the migrant worker to assume mid-level technical duties on the day after the expiration of the previous term of employment, application is required pursuant to Subparagraph 2 of Paragraph 2 under Article 43 of the same law.

Release date ：2023/04/11
Update date ：2023/04/11

7. Job Brokers - Eligibility for application>5.The quota for intermediate skilled workers in the manufacturing industry is based on 3K5 grade system applications. Is the basic standard based on the Unified Business No. or the factory labor insurance No?

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The quota for intermediate skilled foreign workers is based on the labor insurance number. It is calculated based on the average number of workers hired the year preceding the two-month period before the month in which the employer submits an application.

Release date ：2023/04/11
Update date ：2023/04/11

7. Job Brokers - Eligibility for application>6.Can employers and relatives within three degrees of kinship who hire a live-in care worker hire a foreign worker who has already left Taiwan to return and engage in intermediate skilled care work?

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Based on the provisions of Article 43 of the Regulations on the Permission and Administration of the Employment of Foreign Workers, an application for a foreign worker who is currently overseas but previously worked in Taiwan for a total of 11 years and six months or longer to engage in intermediate skilled work can only be filed by the original or subsequent employer. However, when an employer or relative within three degrees of kinship of the care recipient hires an intermediate skilled care worker, or the care recipient has no relatives in Taiwan, they meet the conditions detailed in Paragraph 5, Article 43 of the Regulations on the Permission and Administration of the Employment of Foreign Workers and can also file an application.

Release date ：2023/04/11
Update date ：2023/04/11

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