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Apply Work Permit

Foreign Labor Work Permit

  • Date:2012/12/12

I. Occupation types:
    A. Fishery work
    B. Domestic helping
    C. Manufacturing
    D. Construction
    E. Institutional caretaking
    F. Domestic caretaking
    G. Translation
    H. Food preparation and related work

II. Work limitations:
     A. The work permits for foreign workers who are invited to come to the Republic of
          China (ROC) to work in fishing, manufacturing, construction, domestic helping,
          domestic caretaking, institutional nursing, etc. are limited to a maximum of 3 years.
          Should some major and special circumstances occur, the employer may apply for a
          further extension. The Executive Yuan shall prescribe the duration of such further
          extension. However, in the event of a major construction, the duration of such further
          extension shall not exceed 6 months. 
     B. Employers engaged in important construction projects in a special situation may
          reapply with the CLA to extend foreign employees work permits within 60 days of
          the expiration for a maximum of 6 months. Those engaged in work, such as food
          preparation or translation, are permitted to work up to a maximum of 3 years.
          Employers who need to continue the employment may apply for an extension before
          the deadline.
     C. Foreign laborers should leave the country before the expiration of their work permit.
          Those who have not violated local laws during the term of their work permits may
          apply to return to Taiwan for employment. The total time spent on working in
          Taiwan by those engage in fishery work, manufacturing, construction, household
          care, domestic nursing, institutional nursing, etc. should not exceed 9 years.

III. Changing employers (cannot change employers without permit):
       A. If, during the time the foreign worker is working in Taiwan, situations arise in which
            the labor contract is terminated; for instance, if the employer or the caretaker's
            patient dies or migrates; the worker cannot continue employment because the
            employer's boat is seized, sinks or goes under repairs; the employer closes the
            factory, goes out of business or fails to pay wages in accordance with the contract,
            the employee or their employer must register a change of employer at CLA, the
            Executive Yuan.
       B. Foreign workers cannot continue employment due to events which cannot be
            attributed to the workers, the foreign worker shall apply for approval a permit with
            CLA and register for change of employer or job at the website of the Bureau of
            Employment and Vocational Training before the transfer to new employers with the
            assistance of the Employment Service Centers. When being transferred, the
            workers shall not assume any other type of employment than the original one,
            except when: 
            1. The number of foreign workers does not reach the quota in the specified time 
                frames of the hire permit;
            2. The new employer is qualified for employing foreign workers under CLA 
                regulations, and the proportion or quota of the number of foreign employee is
                within limitations. In the cases mentioned above, the foreign workers can
                perform different types of works from their original ones.
       C. If the foreign workers are unwilling to replace employers or the employer
            replacement procedure have been processed through the local service center but
            the foreign workers still cannot find an employer, the original employer should take 
            responsibility of arranging the worker to leave the country. In the event the
            employers' whereabouts are unclear, the municipal or county/city government and 
            the local NIA's service center will jointly handle arrangements for the worker's
            departure.
       D. In situations in which the employee changes employers during the time working in
            Taiwan, the new employer shall apply for continuing the hiring permit with the CLA
            before expiry.

IV. Notice of related rights
      A. Questions regarding foreign workers pregnancy:
           1. Medical Exam:
               While applying for entry visas, female foreign workers should undergo medical 
               examinations, including pregnancy tests. For those who received a positive result
               on pregnancy tests, their entry visa applications would be denied. In addition,
               foreign workers also need to undergo medical examinations within 3 working
               days of their entry to Taiwan; to be followed with the same medical examinations
               after the completion of the 6th month, 18th month, and 30th month of the work; 
               however, requirement of the pregnancy test is executed.
           2. Employments rights:
               (1) In the event that a foreign worker becomes pregnant during the time working
                     in Taiwan, the employer can neither terminate the contract for this reason nor
                     force the foreign worker to leave the country.
               (2) For those foreign workers employed in manufacturing industries, construction 
                     industries and all other industries covered by the Labor Standards Law, the
                     same guarantee shall be given to them in the event of pregnancy. They need
                     to request their employers to give them lighter assignments that are approved
                     by the CLA.
               (3) For foreign workers who are not covered by the Labor Standards Law, such
                     as domestic helpers and in home caretakers, institutional caretakers etc., the
                     employer cannot unilaterally terminate the contract due to the employee’s
                     pregnancy. In addition, for those who are not capable of doing their job
                     because of pregnancy, the employer still need to seek solution through the 
                     coordination of an appropriate labor administration authority of the municipal
                     or city/county government.
               (4) If the foreign worker could no longer continue with the same job due to
                     pregnancy, besides causing inconvenience to the employer, this might lead to
                     labor disputes and could affect the foreign worker's  physical condition. The
                     CLA requests foreign workers that are sexually active to take necessary
                     precautions (such as the use of condoms and other contraceptives) to ensure
                     and protect the foreign worker's own rights.
      B. Change of work location
           1. The location of foreign worker's employment should be consistent with the
               address provided on the employment permit.
           2. Foreign workers in Taiwan that are engaged in construction may relocate to
               projects or factories of the same employer as assigned by their employers. Those
               employed as institutional caretakers, may move to hospitals set up by the original 
               institution to which they are employed.
           3. Foreign workers engaged as caretakers may move to a location near their
               patients to provide better care for their patients or, during any time of the
               hospitalization of their patient, they are obliged to accompany the patient to the
               hospital. If the patient has to be moved to a nursing center, the approval letter of
               CLA is needed. Each transfer period is limited to no more than 2 months but
               extendable, and the total accumulated period should be no more than 6 months
               per year. Those who are working as home caretaker may accompany their
               patients who move to and continue to stay at a ward at the new location.
      C. Must not be engaged in work other than permitted.
           1. Duties performed by the foreign workers shall be consistent with the terms listed
               on their employment permits. Foreign workers may not engage in any other
               works than those permitted. In the case that foreign workers engaging
               in manufacturing jobs, the job they are not allowed to perform are stipulated by
               the CLA, and they may not engage in any other works that required a related
               specialized certificate (such as professional driver or crane operator).
           2. With the consent of the foreign worker, the employer may file an application for
               changing work status to in-home caretaker on behalf of the foreign workers who
               engaged in work as housemaid.
      D. Placement Fees and Service Fees:
           To protect the rights of foreign workers, regulations concerning
           domestic and overseas brokers collecting placement fee and service fees are as
           follows:
           1. CLA requests all labor-source countries to define and clarify "Service Fee" and
               "Placement Fee" and proposes that the placement fees shall not exceed a foreign 
               worker's basic monthly wages.
           2. The monthly service fee paid by foreign workers shall not exceed NT$1,800 for
               the first year, NT$1,700 for the second year and NT$1,500 for the third year.
               For those who have completed two years or more of employment contract, gone 
               back to her/his home country, and are re-processed for return and render
               employment to the same employer, they may be charged a maximum of
               NT$1,500 per month.
           3. The Taiwan broker shall sign a Services Contract with the foreign worker. The
               Service Fee shall only be collected after the itemization of services with the
               corresponding fees has been agreed upon by both parties and services are
               rendered.
           4. Foreign workers who apply for an entry visa are required to bring along with
               them the “Foreign Worker’s Affidavit Regarding Expenses Incurred for Entry into
               Republic of China to Work and the Wages” verified by the competent authority
               of labor-source country to Taiwan and handed to employers as one of the
               requirements for notifying a local labor authority of the arrival of a foreign worker. 
               In addition, the arrival notification shall be made within 3 days from date of 
               arrival. 
               As for expenditures incurred abroad (including debt), such expenses should be
               described in the affidavit and verified by the labor-source countries. The private
               Employment Service Agency in Taiwan shall not receive or collect any amount
               from the loan or be assigned by the creditor to act on their behalf. Violator shall
               be fined or charged for the collection of additional expenses. The loan incurred
               by the foreign worker in Taiwan shall be exclusively collected by the creditor
               specified in this Affidavit, and the collected amount shall be consistent with that
               specified in the Affidavit.
      E. Foreign Workers' Salary including food and lodging fees:
          1. According to Taiwan Labor Standard Act, the salary is fixed based on what is
              specified in the labor contract and may be paid in categories to insure faimess and
              reasonableness. Therefore, upon the mutual consent of the employers and the
              foreign workers, food and lodging fees may be subsumed under the item of salary
              and indicated in the contract prior to the arrival of foreign workers.
              In addition, in consideration of the market mechanism, living standards and rights
              of the foreign workers, the Council of Labor Affairs has regulated that food and
              lodging deductions from the worker’s salary shall not exceed NT$5,000. The
              actual amount of deduction shall be negotiable between the employee and the 
              employer and indicated in the employment contract.
          2. Foreign workers engaged in work as housemaids and in-home caretakers are not
              covered under the Labor Standards Act, whether the food and lodge are included
              in the salary, to protect the rights of both parties, an agreement between an
              employee and an employer shall be specified in the contract.
          3. If a foreign worker is currently working in Taiwan and her/his employer is bound
              by contract to provide free food and lodging, the employer shall not make any
              unilateral changes to the contents of the employment contract previously
              agreed to and singed by both parties during the valid period of contract.
              According to “Regulations on the Permission and Administration of the
              Employment of Foreign Workers,” even if the employer and the foreign worker 
              have reached a mutual agreement on making changes, the signed contract still
              cannot transgress the contents of “Foreign Worker's Affidavit Regarding
              Expenses Incurred for Entry into Republic of China to Work and the Wages”
              verified by the competent authority of the labor-source country.
              Therefore, at the time of inspection of the competent authority of Taiwan, the
              contents of the said affidavit should be followed. After the the completion of the
              verification, any changes on the contents of the said affidavit that are unfavorable
              to foreign workers are prohibited after the inspection.
          4. An employer shall pay full salary to the foreign worker, except when he/she is
              required to withhold the portion of the foreign worker's salary specified by
              the Taiwan regulations, such as national health insurance fees, labor insurance 
              fees, food and lodging fees, income taxes and employee benefits.
              In addition, an employer also may not be entrusted by a third party to make any
              deductions for debt or loan payments from the foreign worker's salary. Employers
              of industrial foreign workers may pre-deduct the income tax from foreign
              workers’ pay in accordance with income tax regulation. For employers of private
              household foreign workers, because they do not fall into the category of “tax
              obligator,” they may not pre-duct the income tax out of the foreign workers’ pay.
      F. Legal aid channels for self-protection
          While working in Taiwan, if you feel that your rights to work and interests have been
          infringed, you have suffered human trafficking(labor force exploitation), or you are
          considered an undocumented foreign worker, please make good use of the channels 
          provided below to seek for assistance.
      ◎ 1955 Foreign Workers 24hrs Hotline Consultation and Protection Services 
      ◎ Foreign Workers Consultation Service Centers of each city or municipality  
      ◎ Taiwan international airports (Taoyuan International Airport and Kaohsiung
              International Airport) foreign workers counseling and assistance service

V. Foreign workers' representative offices in the ROC
     Foreign workers that have emergencies while in Taiwan or involved in a work dispute or
     suffered from sexual harassment, you can request assistance from your countries'
     representative offices in Taiwan that, after receiving the report, the case will immediately
     be transferred to the CLA for proper action.
     ◎ Foreign Workers Consultation Service Centres of each city or municipality
     ◎ Offices in Taiwan