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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.

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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.

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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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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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Foreigners who have acquired the status as foreign mid-level technical workers and have been working in Taiwan for 5 consecutive years may apply with the Immigration Administration of the Ministry of Interior for permanent residency in accordance with Article 25 of the Immigration Act.
 

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According to Article 53 and Article 59 of the Employment Service Act, foreign mid-level technical workers may switch to another employer or job within the validity of the current employment permit for reasons that the foreign workers should not be held responsible. The procedure for mid-level technical workers in switching employer shall be the same as migrant workers switching employers currently in effect. 
 

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1. Foreign workers currently employed in Taiwan
(1) Original employer wants to apply for a foreign worker to become an intermediate skilled worker: employers can apply for an immediate upgrade for foreign workers who have already worked for them for an accumulated 6 years or more without having to wait for the current employment permit to end.
(2) New employer wants to apply to upgrade a foreign worker to an intermediate skilled worker: new employers can file an employment application 2-4 months before the employment contract ends when a foreign worker has worked in Taiwan for a consecutive 6 years or more, an accumulated 6 years or more for the same employer, or an accumulated 11 years and 6 months.
(3) If a foreign worker obtains an associate degree or higher in the fields of manufacturing, construction, agriculture, long-term care etc. the employer can apply for an upgrade to intermediate skilled foreign worker status.
2. Foreign workers who have already left Taiwan: applications to employ foreign workers who have worked for an accumulated 11 years and 6 months or longer in Taiwan and left the country can be filed by one of their employers in Taiwan (original employer). If the foreign worker is to engage in intermediate skilled live-in care work the range of employers is expanded to include relatives of care recipients within three degrees of kinship.
 

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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

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Yes. The procedure for mid-level technical workers in switching to another employer at the expiration of the term of employment will be the same as the switching to another employer of migrant workers at the expiration of the term of employment. 

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Yes. A relevant professional license, training course certificate or practical accreditation are required as a qualification. However, this technical requirement is waived if the monthly regular salary of an industry category worker is NT$35,000 or more; the monthly regular salary of an institutional care worker is NT$31,000 or more; the total monthly salary of a live-in care worker is NT$26,000 or more.

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For solving the problem of labor shortage in the domestic industrial sector, and keeping migrant workers with technical skills after working in Taiwan for certain period of time, and the foreign and overseas Chinese students educated in the schools of higher education in Taiwan conferred with associate bachelor degree and higher , the Executive Yuan has approved the “Keeping foreign mid-level technical workers scheme” (hereinafter, “Keeping good quality migrant workers for long-term employment” program)  on February 17 2022 thereby employers may apply for qualified migrant workers and foreign and overseas Chinese students for employment of technical works pursuant to subparagraph 11 of paragraph 1 under Article 46 of the Employment  Service Act, that “due to the specific nature of work that no qualified personnel is available in the country, which make it necessary to employ foreigners for performing this type of work, and at the special approval of the central competent authority”, on condition that the right of employment and salary conditions of the local population remained unaffected. 

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Live-in foreign care workers are not covered by the Labor Standards Act and as such the rules governing official holidays, leave and annual leave must be detailed in the labor contract signed by the employer and the foreign worker.

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

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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.