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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