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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10. Job Brokers - Employment Management>1.Is there a labor contract template for intermediate skilled foreign workers?

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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.

Release date ：2023/05/26
Update date ：2023/10/30

10. Job Brokers - Employment Management>2.Are the employers required to pay employment stability fee in the employment of mid-level technical workers?

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

Release date ：2023/03/14
Update date ：2023/04/11

10. Job Brokers - Employment Management>3.Is it necessary for mid-level technical worker to take health examination?

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Answer:

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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Is it necessary for mid-level technical worker to take health examination?

Release date ：2023/03/21
Update date ：2024/04/23

10. Job Brokers - Employment Management>5.Is there any responsibilities under the Employment Service Act that employers should assume in the employment of mid-level technical workers?

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Answer:
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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Is there any responsibilities under the Employment Service Act that employers should assume in the employment of mid-level technical workers?

Release date ：2023/03/14
Update date ：2023/04/21

10. Job Brokers - Employment Management>6.Is it necessary for the employers to appoint personnel for the service of the livelihood in the employment of mid-level technical workers?

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Answer:
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.

Release date ：2023/04/12
Update date ：2023/09/11

10. Job Brokers - Employment Management>7.If there is a change in the place of residence of the mid-level technical worker in Taiwan, is it necessary for the employer to report on the change in the residence place?

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Answer:
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.

Release date ：2023/04/11
Update date ：2023/04/12

10. Job Brokers - Employment Management>8.If the mid-level technical workers live outside, what kind of document should the employer present?How to determine the truth intent of mid-level technical workers electing to live outside?

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Answer:
(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,

Release date ：2023/03/14
Update date ：2024/03/26

10. Job Brokers - Employment Management>9.If specific mid-level technical worker is at large, is it necessary for the employer to report on the status of the worker?

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Answer:
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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9.If specific mid-level technical worker is at large, is it necessary for the employer to report on the status of the worker?

Release date ：2023/03/14
Update date ：2024/03/26

10. Job Brokers - Employment Management>10.After the migrant worker has been assigned to the position as intermediate skilled workers, but this worker remains at large, should the vacancy left behind be subject to control in the afterward?

Detail ：

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.

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

10. Job Brokers - Employment Management>11.If specific mid-level technical worker elects to return to home country at the expiration of employment and does not want to go back to Taiwan for employment, is it necessary for reference filing of the status of departure?

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Answer:
Yes. According to Article 68 of the Regulations Governing the Permission and Management of Employing Foreigners, if the mid-level technical worker employed by the employer departed from Taiwan within the within the validity of the employment permit due to the termination of employment relation, the employer shall notify the local competent authority prior to the departure of the worker and proceed to the authentication procedure as required.

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

10. Job Brokers - Employment Management>12.If specific mid-level technical worker takes leave for returning to home country, is necessary for this worker to apply for reentry to Taiwan?

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Answer:
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.

Release date ：2023/03/28
Update date ：2023/03/29

10. Job Brokers - Employment Management>If an intermediate skilled foreign worker applies for leave to return to their home country, are they required to apply for reentry to Taiwan?

Detail ：

No. If an intermediate skilled foreign worker applies for leave to return to their home country, they do not have to apply for reentry to Taiwan?

Release date ：2024/03/04
Update date ：2024/03/04

10. Job Brokers - Employment Management>14.If specific mid-level technical worker elects to rescind the employment agreement before expiration and return to home country, is it necessary to authenticate the rescission of the employment agreement?

Detail ：

Answer:
If the employer and the mid-level technical workers reached agreement to terminate the employment relation, the employer should inform the local competent authority before the departure of the mid-level technical workers from Taiwan so that the local competent authority shall probe for the true intent of the foreigner for authentication.At the agreement of both sides, the local competent authority will issue a statement for proof of the termination of employment. The employer shall then arrange for the departure of the mid-level technical worker before the expected day of departure.

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

10. Job Brokers - Employment Management>15. In what way will the Ministry of Labor examine the salaries of foreign mid-level technical workers?

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Answer:
In applying for the renewal of employment permit for the employment of foreign mid-level technical workers, employers shall comply with the requirements of subparagraph 1 of paragraph 2 under item no. 4 of the “validity of the documents for employers in applying for employment of Category III foreigners, application procedure, and other documents required by the central competent authority” thereby present the photocopies of the tax withholding vouchers for the employment of foreign mid-level technical workers in the previous year or the recent year in the industrial sector and nursing care work at institutions; and the photocopies of the tax withholding vouchers for the employment or salary payment document of foreign mid-level technical workers in the previous year or the recent year in home nursing care work. The ministry will base on the aforementioned proving documents to review if the employers have met salary requirement of the foreign mid-level technical workers in the previous employment period in conformity to the amount announced in Article 63 of the “Qualification requirement and revive standard for foreigners in engagement of work set forth in subparagraphs 8-11 of paragraph 1 under Article 46 of the Employment and Service Act”. If not, renewal employment permit will not be issued.

Release date ：2022/06/28
Update date ：2023/03/21

10. Job Brokers - Employment Management>16.Is there any information on the management of the employment of mid-level technical workers to the employers?

Detail ：

Answer:
For additional information, visit the “Special page on keeping foreign mid-level technical workers for long-term employment” at the website of the Ministry of Labor. The website: https://gov.tw/4z4

Release date ：2023/04/13
Update date ：2023/04/13

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