Friday, April 5, 2013

Outline for Foreigners Working in Taiwan

I. Legal basis: 
   The primary regulations related to foreigners working in Taiwan and other employment 
   management issues are as follows: 
   A. Employment Services Act.
   B. Regulations on the Permission and Administration of the Employment of Foreign 
       Workers.

II. Responsible agency: (from Article 6 of the Employment Services Act) 
    A.Central: Council of Labor Affairs, Executive Yuan (responsible for employer 
        applications for permits to hire foreign workers and management services). 
    B. Districts: Various county (city) administrations (responsible for management and 
         inspection of foreigners working in the ROC). 

III. Definition of work: 
      As stipulated by Article 43 of the Employment Services Act, foreigners without a 
      permit with an employer must not engage in work in the ROC. The term “work” refers 
      to any labor or services rendered, regardless of whether it is for pay or voluntary. 

IV. Obtaining the right to work: 
      A. Employer applications: Foreigners, other than those designated by the Employment 
          Services Act, must apply for a work permit with an employer at the competent 
          authorities before engaging in work in the ROC. (As stipulated by Article 43 of the 
          Employment Service Act).
      B. Individual applicants: The following persons can apply for a work permit with the 
           Central competent Authority without an employer. (As stipulated by Employment 
           Services Act, Article 51, Paragraphs 1, 3 and 4.) 
           1. Refugees who have been granted residency. 
           2. Those having direct lineage to blood relatives with a household register in the 
               ROC.
           3. Those granted right of permanent residency.
      C. Those not needing to apply: (As stipulated by Article 48 of the Employment 
           Services Act, Paragraph 1 and Subparagraphs 1 through 3.)
           1. Researchers who are recruited as consultant or researcher posts with the ROC 
               government at any level or as consultants with subordinate research organizations. 
           2. Foreign spouses married to ROC nationals with household registration in 
               Taiwan who have been granted residency.
           3. Foreigners employed at a public or registered private college/university within six 
               months in the fileld of a course of lectures or an academic research approved by 
               the Ministry of Education .

V. Restricted work categories: 
     Employers hiring foreigners to work in the ROC, other than those designated by the 
     Employment Services Act, are limited to certain types of employment by Article 46, 
     Paragraph 1, of the same law. 

VI. Penalties for working illegally: 
      According to Article 68 of the Employment Services Act, foreigners working in Taiwan 
      illegally, without a permit, will be fined from NT$30,000 to NT$150,000, deported 
      and forbidden to work in the ROC again in the future. However, according to Article 
      51 of Employment Services Act, Paragraph 1, items 1 to 4, and Article 50 of 
      Employment Services Act, Foreigners working in Taiwan illegally should be 
      immediately ordered to depart from the terrotory of the Republic of China except the 
      employed foreign workers and students and other Foreign Student of Chinese origin. 
      (As stipulated by Employment Services Act, Article 51 and Article 74.)

VII. Definitions of Work Status: 
       The statuses of foreigners working in Taiwan are grouped by the different rights 
       and responsibilities of their positions into the following four categories (Article 2 
       of the Regulations on the Permission and Administration of the Employment of 
       Foreign Workers): 
       A. Foreign specialists. (Refers to foreigners with work permits for employment 
            described in Subparagraphs 1 through 6.) 
       B. Foreign workers. (Refers to foreigners with work permits for employment 
            described in Subparagraphs 8 through 11 Included in Subparagraphs 8 through 10 
            is any blue-collar work recruited by notice. Subparagraph 11 primarily includes 
            language translation for foreign worker management agencies and work related to 
            hiring foreign workers for employment such as food services.)
       C. Overseas Chinese students, foreign students. (Refers to foreigners engaged in 
            work described by the Employment Services Act, Article 50, Subparagraph 1 and 
            Subparagraph 2.)
       D. Foreigners with special status: Primarily includes refugees, those who have worked 
            in Taiwan continuously for more than five years and one permitted to live with 
            his/her lineal relative who has a registered domestic residence in the R.O.C., and 
            who have the right to permanent residency. (Refers to foreigners engaged in work 
            described by the Employment Service Law, Article 51, Paragraph 1and 
            Subparagraphs 1 through 4.) 

VIII. Attention:
         A. Family members of staff working at any foreign embassies stationed in the 
              ROC, foreign organizations, international organizations or other specifically 
              designated foreigners by the Ministry of Foreign Affairs and governing agencies of 
              the Central Government, should apply for a work permit with the Ministry of 
              Foreign Affairs. (Article 78 of the Employment Services Act)
         B. Stateless individuals and ROC nationals possessing dual citizenship but without a 
              household registration who are recruited to work in the ROC follow the same 
              application guidelines as foreigners stipulated by the Employment Service Act. 
              (Stipulated by Article 79 of the Employment Services Act)
         C. Potential future work opportunities and China citizens must consider Taiwan 
              people's working right and social security (Regulated by the Act Governing 
              Regulations between Peoples of the Taiwan Area and the Mainland Area, Article 
              11 and Article 95). Currently, Mainland Chinese citizens are not permitted to 
               work in Taiwan.

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