移到主要內容

FAQ - Regulation

Question 1

What are the requirements for employers to legally hire overseas Chinese and foreign students who are staying in Taiwan after they have graduated?

 

1. In accordance with Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act (hereinafter referred to as the review standards), employers wishing to employ foreigners (including graduated overseas Chinese students) for the six categories of work, namely professional or technical work, overseas Chinese and foreign business supervisory work, school teachers, cram school language teachers, sports coaches and athletes, and art and performing arts work are generally required to have eligibility such as a permit, practice license or approved registration issued by the competent authority for the target business.

2. The review standards for the eligibility of the abovementioned employers who wish to employ foreigners for specialized or technical work stipulate that real estate brokers, immigration service providers, environmental protection companies, cultural sports and leisure service companies, manufacturers, and wholesalers must have a capital and turnover above a certain amount to qualify (for domestic and foreign companies that have been established for less than a year, the actual paid-in capital should be more than NT$5 million or the turnover should be more than NT$10 million; for those that have been established for more than one year, the average turnover in the last year or over the last three years should be more than NT$10 million). In addition, employers applying to employ foreigners for specialized or technical jobs based on general qualifications must provide a salary of NT$47,971 per month or above (similarly hereinafter) for the position. 

3. Moreover, in coordination with the “HeadStart Taiwan”, the Ministry of Labor is exempting the abovementioned capital and turnover requirements for employers with innovative capabilities. Foreigners with specialized technical expertise are also exempt from the academic and job experience requirements. The capital and turnover requirements for hiring foreign supervisors are also relaxed for innovative and startup foreign investment companies, and the supervisory position of the foreigners is not limited to manager (that is, they can hold positions as the deputy director of departments or above. The only requirement for the second foreign supervisor and thereafter is a monthly salary of NT$47,971).

4. In continuation of the above, employers can apply for work permits to the Ministry of Labor (for school teachers, apply to the Ministry of Education) by providing relevant eligibility documents and qualification documents of the overseas Chinese or foreign students. Upon review and approval of the qualifications and issuance of permit, the overseas Chinese and foreign students may work in Taiwan.

2020 Overseas Student Workshop

Ministry of Labor

 

Question 2

Is there any SOP or flow chart for overseas Chinese students and foreign students applying to stay and work in Taiwan after graduation?

1. To assist graduate overseas Chinese students and foreign students to stay and work in Taiwan, the Ministry of Labor has established a foreigner staying and working in Taiwan corner on the EZ Work Taiwan Website (https://ezworktaiwan.wda.gov.tw/en/) to provide information on relevant regulations, application form, and required documents.

2. On the website, under the SOP manual, there is an announcement of “Overseas Chinese or Foreign Student Graduate in the R.O.C. to work in Taiwan (SOP Manual)” which summarized application regulations and reviewing procedure for the references of employers and foreigners.

 

資料來源 108學年度中央有關機關聯合訪視僑外生活動  Overseas Student Seminar 2019

回復機關 勞動部 Ministry of Labor

發布日期 2020-02-06

 

Question 3

Are there any industry-specific restrictions on foreign students staying to work in Taiwan after graduation?

According to Article 43 of the Employment Service Act, unless otherwise specified in the Act, 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; Further, according to Paragraph 1, Article 48 of this Act, prior to employing foreign workers to engage in work, employers shall apply to the Ministry of Labor for the work permit. Therefore, overseas Chinese student and foreign student, who graduate and intend to work in Taiwan, shall meet the requirements of the “Qualifications and Criteria Standards for Foreigners Undertaking the Jobs Specified under Subparagraphs 1-6, Paragraph 1, Article 46 of the Employment Service Act”, and apply via employees for engaging in the following six (6) categories of work: (1) specialized or technical work (2) director/manager/executive of a business invested in or set up by overseas Chinese or foreigner (s) with authorization (3) teachers at the designated schools (4) language teachers for supplementary schools (5) sports coach and athlete (6) artistic work and performing arts.


資料來源 108學年度中央有關機關聯合訪視僑外生活動
Overseas Student Seminar 2019
回復機關 勞動部
Ministry of Labor
發布日期 2020-02-11

 

Question 4

Is it possible to make it easier for overseas Chinese and foreign students who wish to remain in Taiwan to pursue development and work in Taiwan?

To retain outstanding overseas Chinese and foreign students graduating from universities in Taiwan, the Ministry of Labor has implemented the New Scoring Criteria for Foreign and Overseas Chinese Students to Work in Taiwan to exempt students from the salary and work experience requirements. The criteria are based on 8 assessment items (total score is 190 points). If a student has an accumulative 70 points and the employer is eligible to hire and has been approved, the overseas Chinese or foreign student can be employed in Taiwan for specialized or technical work. Overseas Chinese and foreign students who currently have items such as academic qualifications, professional expertise, a certain number of hours of Chinese courses, other foreign language qualification as determined according to their passports and foreign development experience can earn 70 points. They may submit relevant foreign documents for exemption from the verification procedure. The review of the relevant standards and required documents are lenient to facilitate the development of outstanding overseas Chinese and foreign students in Taiwan.
 

資料來源 109學年度中央有關機關聯合訪視僑外生活動

2020 Overseas Student Workshop

回復機關 勞動部

Ministry of Labor

發布日期 2021-01-15

 

Question 5

Can salary restrictions be relaxed when applying to permanent residence status from work residence status? Due to the high salary requirements, it is difficult for general administrative positions to meet the requirements.

Proof of financial support that foreigners need to submit for permanent residency includes an average monthly income in the country in the last year that exceeds 2 times the basic salary announced by the Ministry of Labor, total personal assets and real estate exceeding NT$5 million, certification documentation of professional occupation or skill certification level B issued by the government agency of our country. Salary isn't the only requirement.

 

Question 6

Can overseas Chinese students apply for Civil Service Examination?

According to the first paragraph of Article 12, Paragraph 1, of the Civil Service Examination Act, nationals of the Republic of China (Taiwan), over 18 years of age, holding required qualifications to sit examination under the Act may take the exam in accordance with the Act. Accordingly, being a national of the Republic of China (Taiwan) is an essential condition for applying for Civil Service Examination.

資料來源 110學年度中央有關機關聯合訪視僑外生活動
2021 Overseas Student Workshop
回復機關 考選部
Ministry of Examination
發布日期 2022-06-27

 

Question 7

How can students seek help when encountering labor disputes?

In the event of labor disputes, overseas Chinese students and foreign students can call the 1955 service line to file complaints.

資料來源:大專校院境外學生輔導人員支援體系計畫Network for International Student Advisors
Link:https://www.nisa.moe.gov.tw/work.tw.faq/index