Information page on the Retention of Foreign Intermediate Skilled Workforce Program

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Yes. According to Article 47 and Article 48 of the Employment Service Act, when employers recruit foreigners in engagement of the works specified in subparagraph 11 of paragraph 1 under Article 46 of the Employment Service Act, they should recruit from the local population under reasonable terms and condition of labor in the first place. If the recruitment cannot meet their needs, they may present related documents to apply with the Ministry of Labor for the employment permit for employment of mid-level technical workers to fill the vacancies.

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1. Employment of intermediate skilled workers must start with efforts to recruit domestic workers. The procedure is the same as that for employing domestic workers before hiring foreign workers:
(1) Employment of intermediate skilled live-in care workers: A local long-term care center in the work area should recommend domestic care workers.
(2) Employment of intermediate skilled workers from other sectors: employers should recruit through public employment service agencies in the work area and offer domestic workers reasonable terms and conditions of labor service.
2. From June 1, 2023, any employer who has attempted to recruit domestic workers using one of the following methods and observed regulations on reasonable terms and conditions of labor, recruitment ad content, union notification or labor and notices, stipulated in Paragraphs 1 to 3, Article 17 of the Regulations on the Permission and Administration of the Employment of Foreign Workers who is unable to hire sufficient workers and wants to recruit foreign workers should apply for a recruitment certificate from an employment services agency in the work area within 60 days of the recruitment period ending. The domestic recruitment process prior to hiring foreign workers is no longer required:
(1) The employer files a recruitment registration with a public employment services agency and agrees to make public the recruitment registration information on the TaiwanJobs website, seeking to recruit domestic workers for a minimum of 7 days after registering.
(2) The employer posts a recruitment ad on the TaiwanJobs website and seeks to recruit domestic workers for a minimum of 7 days after registering.

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Considering the employers may have the need to appoint mid-level technical workers in plurality at one time, employers may petition with the domestic public employment service institutions for domestic recruitment of workers at one time for the assignment of several workers at mid-level technical workers for simplicity in the domestic recruit procedure. However, for the same application case, the public employment service institutions will still issues a certificate of help wanted and mark down relevant sequence number indiating the number of vacancies to be filled so that the employers can employ mid-level technical workers.

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No. Employers are required to recruit migrant workers and intermediate skilled workers separately in Taiwan and cannot combine the recruitment or share the same recruitment certificate. The recruitment registration form was amended on 2022.04.30 with the addition of the fields “before recruitment of migrant workers” or “before recruitment of intermediate skilled workers.” Employers should select the appropriate type of recruitment. 

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Basic standards for reasonable labor conditions and salary offered by employers: 
(1) Intermediate skilled ocean fishing work: NT$33,000.
(2) Intermediate skilled institutional care work: NT$32,000.
(3) Intermediate skilled live-in care work: NT$35,000.
(4) Intermediate skilled outreach agricultural work NT$33,000.
(5) Intermediate skilled agricultural work: NT$33,000.
(6) Intermediate skilled slaughterhouse work: NT$37,000.
(7) Intermediate skilled manufacturing work: Reasonable salary standards differ from occupation to occupation, for more details see addendum 3.
(8) Intermediate skilled construction work: Reasonable salary standards differ by work, for more details see addendum 4.
 

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Answer: As long as a certificate of clean record on observing labor laws is valid no application for a new certificate is required.

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(1) No. Verification of qualifications must be obtained even if there is a valid recruitment permission letter: a valid recruitment permission letter does not prove the validity of other required documents (for example when the employer receives the recruitment permission letter, the Industrial Development Administration verification letter could be no longer valid). In addition, vacancies for intermediate skilled workers and foreign workers are not the same in Taiwan so a recruitment permit cannot be used as proof of qualification. 
(2) Domestic recruitment must be undertaken even if the employer has a valid recruitment permission letter: The salaries of migrant workers and intermediate skilled workers recruited in Taiwan are not the same and work skills are also different. Employers with a valid recruitment permission letter are still required to undertake domestic recruitment.

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(1) Yes. In order to protect the right to employment of Taiwan nationals, maximum quotas are imposed on employers in particular industries when applying to employ intermediate skilled workers, but there is no limit to the overall number of intermediate skilled workers. In principle, the quota for applying to employ intermediate skilled workers is limited to the foreign worker allocation ratio in individual industries or the approved number of foreign workers granted to employers multiplied by 25% (note: not applicable to all industries. For example, in the net-pen culture fishing industry the number of intermediate skilled workers is based on the fishing rights license or the culture surface area detailed in the fishing license, with one worker hired per half kilometer. Likewise, the number of live-in care workers cannot be more than the number of care recipients).
(2) In addition, in the deep-sea fishing (net-pen cage culture fishing), manufacturing industry, extensive farming work, agricultural works (limited to orchid, mushroom, vegetable), the number of migrant workers in employment, the number of mid-level technical workers, and number of foreign professional technical personnel as stated under the same labor insurance certificate number shall not be more than 50% of the total number of employees. In the case of manufacturing industry, the total number of the above foreigners shall not be more than 50% of the payroll population under the human resources requirement model of the Engineering Budget Act. Unless additional quota is granted by the Executive Yuan.
 

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The number of foreign mid-level technical workers shall be 25% of the total migrant worker population approved for the employers (excluding the extra ratio). For example, a company in manufacturing was granted the ratio of 20% for migrant worker population, and the ratio of mid-level technical workers for this company is 5% (20%*25%=5%) of its total employee population. Also, the number of migrant workers in employment, the number of mid-level technical workers, and number of foreign professional technical personnel as stated under the same labor insurance certificate number of the company in manufacturing shall not be more than 50% of the total number of employees. 

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For information on the application for employment or renewal of employment of mid-level technical workers, refer to the “Employers in Application for Foreigners in Engagement of Mid-Level Technical Work Process Flow Chart”. 

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(I) Migrant workers employed in Taiwan may also be employed to perform intermediate skilled work if they meet any of the following conditions: 

1. Employed in their current job for more than 6 consecutive years or more, or have worked for the same employer for six years or more.
2. Employed for more than 6 years and departed, then returned to Taiwan to continue employment, and the years of seniority in service meet the requirement set forth in Article 52 of the Employment Service Act. 
3. Have been employed and the accumulative years of service meeting the requirement set forth in Article 52 of the Employment Service Act, and has departed from Taiwan. 
(II) The time limit for employers in applying for transferring the aforementioned migrant workers as mid-level technical workers is specified below:

1. The deadline for employers to apply for the employment of migrant workers specified in 1 of the preceding paragraphs:
   A. The original employer should apply for transferring the migrant workers for employment as mid-level technical workers within 2 months prior to the expiration date of the original employment permit. In sum, the original employers may apply for transferring the migrant workers for employment as mid-level technical workers within the validity of the employment permit. 
   B. New employers should apply for transferring the migrant workers for employment as mid-level technical workers from 2 to 4 months prior to the expiration date of the employment permit for the protection of the right of the previous employers in employment of people. 
2. In applying for the employment of migrant workers stated in 2 of the preceding paragraphs, the original employer or the new employer may apply from 2 to 4 months prior to the expiration date of the employment permit, and employment will be started on the day after the expiration of the employment permit. 
3. Only the former employer may apply for the employment of migrant workers stated in 3 of the preceding paragraphs, and application should be made before the date of expected employment. 
(III) Documents required for applying migrant workers to transfer to the employment as mid-level technical workers by employers: 

1. Application form 
2. Photocopy of the national identity card of the employer or person in charge of the company; company registration, limited partnership registration or business registration, certificate of factory registration and license for franchise businesses. However, this does not apply when a certificate of factory registration or license for franchise businesses is not required based on other laws or regulations.
3. Document for proof of vacancies for employment. Not required for the employment of foreigners in engagement in mid-level home nursing care work. 
4. Employers shall proceed to recruitment from the local population to fill the vacancies for employment pursuant to Article 42 of the Regulations on the Permission and Administration of the Employment of Foreign Workers, and the roll of employees from local recruitment. Not required for the employment of foreigners in engagement in mid-level home nursing care work. 
5. Certification documents in conformity to applicable legal rules governing labor force by the municipal, county (city) government. 
6. The roll, photocopy of passport or photocopy of resident visa of the foreigners being employed. 
7. Original copy of the receipt for payment of review fee. 
8. Professional license and certificate, training, or documents of qualification of practical work for recognition as exhibited in the Table attached to Article 62 of the “Qualification and Review Standard for Foreigners in engagement in the work under subparagraphs 8-11 of paragraph 1 under Article 46 of the Employment Service Act” 
9. Any other documents required by the central competent authority.
 

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According to Article 43 of the Regulations on the Permission and Administration of the Employment of Foreign Workers, employers applying for foreign workers to engage in intermediate skilled work are required to do so within specified time limits:
(1) Currently employed foreign workers who have worked for 6 consecutive years or more:
1. Original employers: apply a minimum of 2 months prior to the expiration date of the employment permit.
2. New employers: apply 2 to 4 months prior to the expiration date of the aforementioned employment permit, with employment starting the day after the expiration of the current employment permit. 
(2) Employed foreign workers who have worked for an accumulated 6 years or more for the same employer: original employers can apply 2 months prior to the expiration date of the employment permit; New employers can apply 2-4 months before the expiration date of the original employment permit. For example, a foreign worker currently works for Employer A, has done so for an accumulated 6 years or more and previously worked for Employer B for an accumulated 6 years or more. If Employer A wants to hire the foreign worker as an intermediate skilled worker he should do so 2 months before the expiry date of the employment permit; If Employer B wants to file an application, he should do so 2-4 months before the expiration date of the employment permit. (3) Foreign workers who were employed for an accumulated 6 consecutive years or more, left Taiwan and returned, who have been employed for a total of 11 years and 6 months or more: employers should apply a minimum of 2 to 4 months prior to the expiration date of the employment permit, with employment starting the day after the expiration of the current employment permit.
(4) Foreign workers who were employed for an accumulated 11 years and 6 months or more who have left Taiwan: applications must be filed by a former employer. However, employers, relatives of care recipients within three degrees of kinship or care recipients with no relatives in Taiwan, who meet the conditions detailed in Paragraph 5, Article 43 of the Regulations on the Permission and Administration of the Employment of Foreign Workers can also apply.
 

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1.Before the issuance of employment permit for intermediate skilled worker by the Ministry of Labor, the employer cannot assign Category II foreigners, overseas Chinese students or foreign students to engage the works of Category III foreigners. Those who meet any of the requirements set forth in Paragraph 1 under Article 43 of the employment regulations, or foreign students, overseas Chinese students, or other ethnic Chinese students who have graduated from schools of higher education in Taiwan and earned an associate bachelor degree or higher may be employed to engage in mid-level technical work. The effective date of the employment permit for intermediate skilled workers issued by the Ministry of Labor will be recognized under the following principles: 
(1) The original employer shall apply 2 months prior to the expiration of the effective employment permit. For employment of intermediate skilled workers under the requirements of Subparagraph 1 in Taiwan, the effective date of the employment permit should be the expected day of employment and the issuing date of the employment permit, whichever comes later. 
(2) The employer (including the new and original employers) shall apply in the period of 2 to 4 months prior to the expiration date of the previous employment permit. For employment of intermediate skilled workers under the requirements of Subparagraphs 1 & 2 in Taiwan, the effective date of the employment permit should be the day after the expiration of the previous employment permit. 
(3) Employers who have employed before and apply before the effective day of employment for intermediate skilled workers from overseas under Subparagraph 3, the effective date of the employment permit shall be the expected day of employment. If the effective date of employment fall within the review period of the Ministry of Labor for issuing employment permit, the employment permit will be issued as of the document issuing day. 
(4) Employers apply for intermediate skilled workers from overseas, or from overseas Chinese students or foreign students in Taiwan before the effective date of employment, the effective date of employment shall be the expected day of employment. If the effective date of employment fall within the review period of the Ministry of Labor for issuing employment permit, the employment permit will be issued as of the document issuing day.
2.Yes. If an employer applies to hire an intermediate skilled worker to engage in work, the employment permit is a maximum of 3 years in duration. However, foreign nationals who obtain permanent residency can be employed for an unlimited period.

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Yes. According to Article 47 of the Regulations Governing the Permission and Management of Employing Foreigners, when employers recruit foreigners for engagement in mid-level technical work, they are required to present related documents within 3 days after the arrival of these workers and report to the local competent authority. 

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(I) According to Subparagraph 1 of Paragraph 1 under Article 47 of the Regulations on the Permission and Administration of Employment of Foreign Workers by Employers, recruitment of foreigners from abroad to engage in intermediate skilled work should be made known to the local competent authority for inspection within 3 days after the foreigners arrived Taiwan. According to Subparagraph 2 of Paragraph 1 under Article 5 of the Regulations Governing Management of the Health Examination of Employed Aliens, employers shall arrange the mid-level technical workers to designated hospitals for health examination within 3 days after arrival. 
(II) For recruitment of foreigners from abroad in the engagement of mid-level technical workers with the issuance of employment permit by the Ministry of Labor, employers are recommended to arrange these mid-level technical workers to arrive Taiwan on the anticipated effective date of the employment permit, and proceed with the arrival notification and health examination as required. If under special circumstances that the mid-level technical workers arrived Taiwan before the effective date of the employment permit, the required procedure shall still be followed after arrival irrespective of the pending effectiveness of the employment permit that the notification on arrival or health examination can be waived.