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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 :

Answer: 
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.

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

Detail :

Answer: 
Employment of mid-level technical workers shall start with recruitment from the local population. The procedure will be the same as the employment of migrant workers that recruitment from the local population should be made in the first place:

1. Employment of mid-level home nursing care technical personnel: the local long-term care center should recommend care service personnel of Taiwan.

2. In addition, from June 1, 2023, when an employer has previously used one of the methods below to recruit domestic workers and adhered to the provisions detailed in Paragraphs 1-3, Article 17 of the Regulations on the Permission and Administration of the Employment of Foreign Workers on offering reasonable labor conditions, recruitment advertisement content, notifying unions or workers and announcements, but been unable to recruit sufficient numbers, if he then seeks to recruit foreign workers he must apply for a recruitment certificate from a public employment services agency in the area where the workplace is located, within 60 days from the day after the completion of the recruitment period in order to be exempted from having to again go through domestic recruitment procedures before recruiting foreign workers.

(1) An employer has previously applied for a recruitment certificate from a public employment services agency, agreed for his recruitment registration data to be made public on the TaiwanJobs website and sought to recruit domestic workers for a minimum of 7 days from the day after registration.

(2) An employer has posted a recruitment advertisement on the TaiwanJobs website and sought to recruit domestic workers for a minimum of 7 days from the day after the advertisement was posted.

  • Release date :2023/04/11
  • Update date :2023/06/21

Detail :

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.

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

Detail :

Answer:
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. 

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

Detail :

Answer:
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$29,000.
(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$34,080.
(7) Intermediate skilled manufacturing work: Reasonable salary standards differ from occupation to occupation, for more details see addendum 1.
(8) Intermediate skilled construction work: Reasonable salary standards differ by work, for more details see addendum 2.

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

Detail :

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

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

Detail :

(I) No. It is necessary to obtain verification of qualification even if there is an effect letter of recruitment permission: considering the letter of recruitment permission cannot prove the validity of other required documents (e.g., if the employer has obtained the recruitment permit but the Industrial Development Bureau holds that the letter is no longer valid). In addition, the vacancies for mid-level workers and migrant workers are not the same in Taiwan that the recruitment permit cannot be used for proof of qualification. 
(II) Proceeding to domestic recruitment is required even if there is a valid recruitment permit: the salaries for migrant workers and mid-level technical workers in Taiwan are not the same and the work skills are also different. Employers holding letter of recruitment permission still have to proceed to domestic recruitment in Taiwan. 

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

Detail :

Answer: 
(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.
 

  • Release date :2023/04/11
  • Update date :2023/11/28

Detail :

Answer: 
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. 

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

Detail :

Answer: 
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”. 

  • Release date :2022/06/29
  • Update date :2023/04/06

Detail :

Answer: 

(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.
 

  • Release date :2023/04/11
  • Update date :2023/11/28

Detail :

Answer: 
According to Article 43 of the Regulations on the Permission and Administration of the Employment of Foreign Workers, employers shall apply for the employment of Category II foreigners to perform mid-level technical works within the time limit:

(I) Category II foreigners are currently employed for work and have been working for at least 6 consecutive years:

1. Original employer: apply within 2 months prior to the expiration date of the employment permit. 
2. New employer: apply from 2 to 4 months prior to the expiration of the aforementioned employment permit, and start employment on the day after the expiration of the employment permit currently in effect. 


(II) Category II foreigners who have been employed for work for more than 6 consecutive years and departed from Taiwan, and then returned. The duration of employment meets the requirement set forth under Article 52 of the Employment Service Act: employers should apply from 2 to 4 months prior to the expiration date of the employment permit in effect, and start employment on the day after the expiration of the current employment permit. 

(III)Foreigners who have been employed for work and the duration of employment in accumulation meets the requirement set forth in Article 52 of the Employment Service Act, and have departed from Taiwan: to be applied by the former employers.

  • Release date :2023/04/12
  • Update date :2023/04/12

Detail :

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. 

  • Release date :2023/04/12
  • Update date :2023/04/12

Detail :

Answer: 
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. 

  • Release date :2023/04/12
  • Update date :2023/04/28

Detail :

(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.

  • Release date :2023/04/12
  • Update date :2023/04/12