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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11. Job Brokers- Private employment service institutions>II. If a private placement service institution accepts the appointment of the employer in the recruitment of mid-level technical workers, is it necessary for this institution to undergo evaluation as an intermediary?

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Answer:
Yes, it is necessary.If an intermediary accepts only the appointment of mid-level technical worker in rendering placement service, the intermediary should be included in the evaluation in accordance with the Guidelines for the Evaluation of the Quality of Service of Private Placement Service Institutions for Engagement in Cross-Border Human Resources Placement, and proceed to self-evaluation on the items required for evaluation.

Release date ：2022/06/30
Update date ：2023/03/21

11. Job Brokers- Private employment service institutions>3. If a private placement institution accepts the appointment of the employer in processing employment permit for mid-level technical workers, is the requirement of routine inspection provided under paragraphs 1 & 2 under Article 15-1 of the Regulations Governing the Permission and Management of Private Placement Service Institutions, and the requirement of the ratio in the calculation of the missing workers for replacement of permit provided under subparagraph 12 of paragraph 1 under Article 15 of the same Regulations applicable?

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Answer:
Not applicable. As stated in the table attached to Article 15 of the Regulations Governing the Permission and Management of Private Placement Service Institutions, the ratio for the calculation of those who are at large at the time of permit switching is applicable only to the employment permit of migrant workers.

Release date ：2022/06/30
Update date ：2023/03/21

11. Job Brokers- Private employment service institutions>4. If an intermediary accepts the appointment of the employer to employ mid-level technical workers, what is the standard for the service charge?

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Answer:
According to Article 3 of the Items and Standard of Billing for Private Placement Service Institutions, intermediaries may charge the employers for the registration service and finder fee no more than the salaries of the foreigner in the first month of employment.

Release date ：2022/06/30
Update date ：2023/03/21

11. Job Brokers- Private employment service institutions>5. If a foreigner retains the service of an intermediary for processing residency in Taiwan, but the intermediary failed to perform to the extent that the right and privilege of this foreigner is affected, will the intermediary be construed as violating the Employment Service Act?

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Answer:
That is illegal. If a labor brokerage fails to fulfill its responsibility in handling a foreign worker’s application for residency in Taiwan, adversely impacting the rights of the worker, the brokerage it is a violation of Subparagraph 15, Paragraph 1, Article 40 of the Employment Service Act and liable to a fine of NT$60,000 to NT$300,000.

Release date ：2022/06/30
Update date ：2024/03/26

11. Job Brokers- Private employment service institutions>6. If specific intermediary has rendered service indeed, and charges the mid-level technical worker for NT$1,500 as service charge in each month, is is legal?

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Answer:
That is illegal. In agreeing to provide employment services to intermediate skilled workers after they arrive in Taiwan, labor brokerages can charge a service charge of no more than NT$2,000 per year pursuant to the provisions of Article 5 of the Standards for Fee-charging Items and Amounts of Private Employment Services Institutions. If a labor brokerage charges intermediate skilled worker a service fee of NT$1,500 per month it is in violation of Subparagraph 5, Paragraph 1, Article 40 of the Employment Service Act.

Release date ：2022/06/30
Update date ：2024/03/26

11. Job Brokers- Private employment service institutions>7. If the intermediary failed to enter into written agreement with the mid-level technical worker but process to provide placement service, is it legal?

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Answer:
It is illegal. Intermediaries shall enter into written agreement with the mid-level technical worker in accepting the appointment for rendering placement service or it is a violation of Article 21 of the Regulations Governing the Permission and Management of Private Placement Service Institutions.If the foreigner is applying for employment or as an employed worker, the intermediary is considered an alleged violation of subparagraph 1 of paragraph 1 under Article 40 of the Employment Service Act, or subparagraph 20 of paragraph 1 under Article 40 of the same law.

Release date ：2022/06/30
Update date ：2023/03/21

11. Job Brokers- Private employment service institutions>Are there multilingual versions of the labor development digital service platform

Detail ：

The focus will be on manufacturing industry key points with priority given to producing versions in multiple languages

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

11. Job Brokers- Private employment service institutions>I. If a private placement service institution accepts the appointment of the employer and mid-level worker to provide service in processing the employment, is the content of service different from that for migrant workers? Is it necessary to enter into a written agreement?

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Answer:

1. The application for employment of mid-level technical workers will be the same as for migrant workers in the application and management after arrival of the workers unless otherwise provided by Article 23 and Article 24 of the Regulations Governing the Permission and Management of Employing Foreigners or specified under applicable legal rules. Placement service rendered by intermediaries to the appointment of the employers or the mid-level technical workers shall be the same as the service for migrant workers.
2. According to Article 21 of the Regulations Governing the Permission and Management of Private Placement Service Institutions, private placement service institutions shall enter into written agreement in accepting the appointment of placement service of mid-level technical workers on the terms and conditions of service.

Release date ：2022/06/30
Update date ：2023/03/21

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