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1. Can newly graduated students from foreign universities work in Taiwan in “specialized or technical work” without prior work experience?
According to the Transnational Labor Affairs Center, employers hiring graduates of foreign universities in the six categories of “specialized or technical work” permitted to foreigners in Taiwan typically require the graduates to have at least two years of work experience. However, there are exceptions to this requirement if one of the following conditions is met:
- Obtained certifications from the Ministry of Economic Affairs such as the “Certification of Enterprise Operational Headquarters Scope,” “Approval Letter for Establishing R&D Centers in Taiwan,” or the “Certification of Outstanding Partner in the Electronic Information Industry,” valid for one year from the date of award.
- Working in a “new emerging strategic industry” company as listed in Appendix 9 of Article 5, Paragraph 1 of the relevant reward regulations, with approval issued before the regulation’s termination (valid until December 31, 2022).
- Employed by a Science Industrial Park enterprise, engaging in product design, technical enhancement, R&D, management, research, marketing, and market analysis.
- Recognized as an innovative startup according to the “Directions of Recognition for Startups with Innovation Capability.”
- Foreign nationals with a bachelor’s degree or higher and have graduated from a public or registered private university in Taiwan from the academic year 2011 onwards are exempt from the work experience requirement (Ministry of Labor directive No. 10805042841 issued on August 15, 2019, Article 6 ).
2. What are the regulations and required documents for employers hiring foreign professionals in innovative startups?
Employers in innovative startups recognized under the “Directions of Recognition for Startups with Innovation Capability” can hire foreign professionals with a bachelor’s degree without the two-year work experience requirement. For positions specified under Article 5, Paragraph 4 of the “Qualification and Review Standards for Foreigners Engaging in the Jobs Specified in Article 46, Paragraph 1, Items 1 to 6 of the Employment Service Act,” the five-year relevant experience requirement is waived. Employers are also exempt from capital, revenue, and work performance qualifications.
A. Recognition of ” Startups”:
According to the Ministry of Economic Affairs’ “Directions of Recognition for Startups with Innovation Capability” an innovative startup is defined as a business with paid-in capital of less than NT$100 million or regularly employing fewer than 200 employees, and meeting one of the following criteria:
- Domestic startups: Registered under the Company Act or Business Registration Act, established for less than 8 years with paid-in capital of less than NT$100 million or fewer than 200 employees.
- Foreign startups: Registered under foreign laws, established for less than 8 years.
B. Conditions for Domestic Startups:
Must meet one of the conditions listed in Article 3 of the “Directions of Recognition for Startups with Innovation Capability” as announced by the Ministry of Economic Affairs.
This excludes startups with personal cash investments or those registered on the Taiwan Innovation Board of the Taipei Exchange as stated in Article 23-2 of the Statute for Industrial Innovation.
Must provide necessary documents for recognition, which can be found on the Workforce Development Agency’s Foreign Worker Service website under the application forms for specialized or technical work.
(Application Forms” → “Specialized or Technical Work” → “Documents Required for Innovative Startup Recognition.)
Relevant documents for recognition can be downloaded from the Ministry of Labor’s website (last updated on January 10, 2023):
Startups recognized by the Directions of Recognition for Startups with Innovation Capability (Amendment to Articles 6 and 38 – Exemption from work experience requirements for foreigners, regulations for overseas Chinese and foreign deputy managers – No. 104.5.1, Labor Development Directive No. 10405050451):
- Interpretation dated 2021.08.18 (Review Standards Article 39, Paragraph 4) – No. 1100818, Labor Development No. 11005117181.
- Order dated 2022.07.21 (Review Standards Article 6, Paragraph 1) – No. 1110721, Labor Development Directive No. 1110511363.
- Order dated 2022.12.27 (Review Standards Article 36, Paragraph 5) – No. 1111227, Labor Development Directive No. 1110524242A.
- Required documents for enterprises applying for recognition as an innovative startup.
3. Paying the review fee for hiring foreign professionals
The review fee for each application case is NT$500. Payment methods include:
- Apply through online wire transfer:
- Fill in receipt information on the system after remittance through the postal system
(Account name: Workforce Development Agency Employment Permit Fee Account, Account number: 19058848). - Online payment through the e-Government platform.
- ATM transfer.
- Taiwan Pay.
- Apply through mail or In-person
- Fill in receipt information on the system after remittance through the postal system
(Account name: Workforce Development Agency Employment Permit Fee Account, Account number: 19058848). - Pay at the Ministry of Labor’s service counter (10th Floor, No. 39, Section 1, Zhonghua Road, Zhongzheng District, Taipei City).
The review fee for hiring foreign professionals is calculated by case with each application requiring a fee of NT$500 regardless of the number of foreign professionals being hired under that single application. Therefore, the total fee remains NT$500 per application, irrespective of the number of foreign employees included.
4. How to apply for a replacement work permit if the original is lost? How much is the replacement fee?
If a work permit is lost, the employer or the foreign worker can fill out an application form (check “Other” and specify “Replacement”), or use the “EZ Work Permit” to apply for a replacement. The application must include a statement explaining the reason for replacement, the original permit’s reference number, the foreign worker’s name, passport number, employment period, and a review fee of NT$100. The Ministry of Labor will issue a replacement permit upon approval.
| Further reading: Employers’ Application Process for Hiring Graduated Overseas Chinese and Foreign Students Based on New Scoring Criteria |
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5. Are there official templates of consent and declaration forms for termination?
Templates for consent and declaration forms for termination are available for download:
| Termination Consent Form | odt file | doc file | pdf file |
|---|---|---|---|
| Declaration Form for Termination | odt file | doc file | pdf file |
6. How to respond to a request to provide supplementary documents for an application?
The Ministry of Labor will notify the applicant via official document. The applicant must submit the required documents within 30 days. If the documents are not submitted within the deadline or are incomplete, the application will be rejected.
- If the Ministry of Labor agrees to a written submission for the application, the applicant must submit the additional documents in writing.
- Those applying online should complete submission of additional documents through the “EZ Work Permit” website.
7. Can a foreign worker be employed immediately after the application is submitted?
A foreign worker cannot commence employment until the Ministry of Labor has reviewed and approved the employment permit.
8. Can foreign workers participate in labor and health insurance?
Once the employment permit is approved by the Ministry of Labor, foreign workers can use the approval letter and residence permit to register for both labor and health insurance with the Bureau of Labor Insurance and the National Health Insurance Administration.
