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Foreigner

Which foreigners can work in Taiwan?

  • Source:National Immigration Agency, Ministry of the Interior
  • Date:2017/3/31
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I.Determination of Working Status:
The working status of foreigners in Taiwan are divided into the following 4 categories based on the differences in relevant rights and obligations:
1.Foreign Professional. (Foreigners permitted to work in accordance with Subparagraphs 1 to 6 of Article 46 of the Employment Services Act)
2.Foreign Workers. (Foreigners permitted to work in accordance with Subparagraphs 8 to 11 of Article 46 of the Employment Services Act)
3.Overseas Chinese and Foreign Students. (Foreigners permitted to work in accordance with Subparagraph 1 or 2, Article 50 of the Employment Services Act).
4.Foreigners with Special Status: Mainly includes refugees, ones who have been legally employed in Taiwan for 5 consecutive years, ones permitted to live with their lineal relative who has a registered domestic residence in the Republic of China, ones permitted to stay permanently in the territory of the Republic of China. (Foreigners permitted to work in accordance with Subparagraphs 1 to 4, Paragraph 1, Article 51 of the Employment Services Act).
II.Legal Basis:
The main regulations related to foreigners working in Taiwan and the employment administration issues are:
1.Employment Services Act.
2.Regulations on the Permission and Administration of the Employment of Foreign Workers
III.Competent Authority:
1.Central: Ministry of Labor (responsible for employer’s application for permission to hire foreigners and the administration thereof).
2.Local: Each municipal, county (city) government (responsible for the administration, inspection of foreigners’ work within the territory of the Republic of China and mediation of employer-employee disputes).
IV. Definition of Work:
Article 43 of the Employment Services Act provides that no foreign worker may engage in work within the Republic of China should his/her employer have not yet obtained a permit via application therefore. “Work” means the provision of service or the fact of work, with or without remuneration.
V.Obtaining Working Right:
1.Employer’s Application
Unless otherwise provided in the Employment Services Act, the foreign worker’s employer shall file an application for work permit with the competent authority in order for the foreign worker to work within the territory of the Republic of China.
2.Personal Application:
For the following persons, the application cannot be filed by the employer. The foreigners should file personal applications for work permits with the central competent authority.
(1)Refugees permitted to stay in the Republic of China.
(2)Ones permitted to live with their lineal relative who has a registered domestic residence in the Republic of China.
(3)Ones permitted to stay permanently in the territory of the Republic of China.
3.Waiver of Application:
(1)A foreign worker to be employed as consultant or researcher by the respective government or their subordinate academic research institutes.
(2)A foreign worker has married a national of the Republic of China with a registered permanent residence in the Republic of China and has been permitted to stay therein.
(3)A foreigner employed at a public or registered private college/university within six months in the field of a course of lectures or an academic research approved by the Ministry of Education.
VI.Restriction on the Scope of Work:
Unless otherwise provided for in the Employment Services Act, the work that a foreign worker may be employed to engage in within the Republic of China is limited to the ones listed under Paragraph 1, Article 46 of such Act.
VII.Penalty for Illegal Working:
Any foreigner working illegally in Taiwan without permit shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000. The foreign worker shall be immediately ordered to depart from the Republic of China and banned from further engaging work in the said territory (Article 68 of the Employment Services Act). However, this is not applicable to any foreign worker under Subparagraphs 1 to 4, Paragraph 1, Article 51 of the Employment Services Act or foreign students, overseas Chinese students or other foreign students of Chinese origin working in accordance with Article 50, in which case the foreign workers shall be immediately ordered to depart from the Republic of China after the expiry of their residency.
VIII.Matters to be Noted:
1.Should it be necessary to work in the Republic of China for foreign person(s) as family member(s) of the staff of foreign embassies/consulates, foreign agencies, and international organizations stationed in the Republic of China or foreign person(s), other than the above, who is/are ad hoc reported by the Ministry of Foreign Affairs to the Central Competent Authority, such foreign person(s) shall apply to the said Ministry for permit therefore.
2.The provisions of the Employment Services Act regarding foreign workers shall be applicable to the employment of stateless persons as well as nationals of the Republic of China also possessing the nationality of foreign country(s) but with no permanent residence in the Republic of China.
3.The opening up for the people of the Mainland Area to work in Taiwan shall be conditional upon no impact on the working right of the people of the Taiwan Area and on social stability and shall be in accordance with Articles 11 and 95 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area. For the moment, people from the Mainland Area are not allowed to work in Taiwan.
Regulations about foreigners working in Taiwan are administered by Ministry of Labor. For details, please refer to the website of Ministry of Labor: Chinese WebpageEnglish Webpage
Address: 9F, No. 83, Section 2, Yangping North Road, Datong District, Taipei City
Telephone: 02-8995-6000

  • Hit: 20675
  • Updated: 2017/3/31 13:46:00