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Work Permit


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Date Posted: 2015-02-04 Location: Douliou City, Yunlin County
Language Center
National Yunlin University of Science and Technology , Taiwan
Job Announcement:Contract Teacher Positions
I. General description
The Language Center at National Yunlin University of Science and Technology in Taiwan invites applicants for a contract teacher position at the Lecturer level, beginning August 1, 2015.
II Requirements for applicants for contract teacher position
1. Candidates should be native speakers of English, holding a Master’s degree with specializations in language education, Computer-assisted Language Learning, English for specific purposes, or other related fields. (A Lecture’s Certificate issued by Taiwan’s MOE is preferred.)
2. Candidates should submit the followings by regular mail.
(1) current curriculum vitae (including contact information)
(2) diploma for a master’s degree
(4) publications in the past five years (optional).
(5) DVD of teaching demonstration (5-10 mins, optional)
3. Responsible for preparation and teaching of Freshman English classes, assessment of students’ performance, participation in the development of language programs, and research projects.
4. Working hours: 8:00 a.m.~5:00 p.m., Monday to Friday
5. One year contract. Extension of contract depends on school’s decision, based on the lecturer’s overall performance.
III.. Application procedures
1. Please send the required materials to Sonia Lee at the Language Center, National Yunlin University of Science and Technology
123 University Road, Section 3, Douliou, Yunlin 64002, Taiwan
2. Or you can send the above materials to leecy@yuntech.edu.tw
3. Deadline of application: March 15, 2015
4. For additional information, please call at TEL: (O) 886-5-5342601 ext. 3121,3125, or access our website at http://www.lc.yuntech.edu.tw/
Date Posted: 2014-06-05 Location: , Miaoli County
We are looking for elementary English Teachers.
Nice working environment, friendly Chinese staff
offer ARC and working permit
Teaching schedule is flexible.
Date Posted: 2014-02-10 Location: , Taipei City
Taipei Apartments listing for Students and Expat.

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Date Posted: 2011-06-25 Location: Jhongli City, Taoyuan County
4 Offices near THSR for Rent; appropriate for small team to set up your new office; 5 minutes walking distance to HSR and 15 driving distance to Jongli Downtown; MRT from Taoyuan International airport to Jongli Baseball Stadium will be lanuched in June of 2013. MRT will also be connected to Taipei Main Station as well.
Please call for more info at 0985013398.
Date Posted: 2009-12-02 Location: ,
There are some more important regulations related to foreigners working in Taiwan. We hope your period of employment in Taiwan is smooth and enjoyable.

●Legal basis:
The primary regulations concerning foreigners working in the ROC and issues concerning employment come from the following:

1.Employment Services Act

2.Regulations Regarding the Permission and Administration of the Employment of Foreign Workers


●Responsible agency: (by Article 6 of the Employment Services Act)

1.Central: Council of Labor Affairs, Executive Yuan (responsible for employer applications for permits to hire foreign workers and management services).

2.Districts: Various county (city) administrations (responsible for management and inspe


●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 volunteered.


●Obtaining the right to work:

1.Employer applications: Foreigners, other than those designated by the Employment Services Act, must apply for a work permit with an employer at the appropriate authorities before engaging in work in the ROC. (As stipulated by Article 43 of the Employment Service Act)

2.Individual applicants: The following persons can apply for a work permit without an employer at the central authority. (As stipulated by Employment Services Act, Article 51, Paragraphs 1, 3 and 4.)

1)Refugees granted residency.

2)Those having direct lineage to blood relatives with a household register in the ROC.

3)Those granted right of permanent residency.

3.Those not needing to apply: (As stipulated by Article 48 of the Employment Services Act)

1)Researchers who are recruited to hold posts with the ROC government at any level or as consultants with subordinate research organizations.

2)Foreign spouses married to ROC nationals with household registers in Taiwan who have been granted residency.


●Restricted types of work:
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.


●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$50,000, deported and forbidden to work in the ROC again in the future.


●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):

1.Foreign specialists. (Refers to foreigners with work permits for employment described in Subparagraphs 1 through 6.)

2.Foreign workers. (Refers to foreigners with work permits for employment described in Subparagraphs 8 through 10. Included in Subparagraphs 8 through 10 is any blue-collar work recruited by notice. Subparagraph 10 primarily includes language translation for foreign worker management agencies and work related to hiring foreign workers for employment such as food services.

3.Overseas Chinese students, foreign students. (Refers to foreigners engaged in work described by the Employment Services Act, Article 50, Paragraph 1 and Subparagraph 2.

4.Foreigners with special status: Primarily includes refugees, those who have worked in Taiwan continuously for more than five years and foreign spouses married to ROC nationals with a household register, 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.)


●Attention:

1.Family members of staffers in work 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)

2.Stateless individuals and ROC nationals possessing dual citizenship but without a household register 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)

3.Mainland China citizens recruited to work in the ROC are regulated by the Employment Services Act, Chapter 5 – Regulations Concerning Special Rules for the Hiring and Management of Foreigners. (Stipulated by Article 79 of the Employment Services Act)

1)Work Permits for Foreign Specialists
2)Work Permits for Blue-collar Foreign Laborers
3)Work Permits for Foreign Student and Overseas Chinese Students
4)Work Permits for Foreign Spouses and Foreigners with Special Status
Date Posted: 2009-12-02 Location: ,
●Legal basis:
Gender Equality in Employment Law and Regulation (Jan. 16, 2002 presidential announcement; March 8, 2002 official execution)


●Sexual Harassment in the Workplace:

1.Sexual harassment: refers to any expressions or behavior of sexual connotation or sexual discrimination that is unwelcome or contrary to the recipient’s wishes.

2.Workplace sexual harassment: refers to any matter of sexual harassment that occurs at a place of work (including during the time of job application and during a duration of employment) or during the fulfillment of one’s contract.

3.Types:

1)Quid pro sexual harassment:
a management supervisory authority demonstrates sexual harassment towards a subordinate by offering rewards, such as job promotion or merits, creating a situation of exchange for favors.

2)Hostile working condition sexual harassment:
a colleague, customer or concessionaire creates a an intimidating and offensive work environment which infringes on an employee’s personal dignity or affects his or her job performance.

3)Recognized standards:
the subjective condition of workplace sexual harassment is the recognition of the basis of the victim’s feeling and experience.


●Preventing workplace sexual harassment:

1.The employer should prevent the occurrence of sexual harassment in the workplace.

2.Employers hiring over thirty employees shall establish measures for preventing sexual harassment, complaint procedures and a means of punishment and openly display these measures in the workplace.


●Complaint assistance measures

1.When to file a complaint

1)Employees or job seekers discover that an employer has not established measures for preventing sexual harassment, complaint procedures or means of punishment.

2)When there is an occurrence of sexual harassment and the employer does not immediately implement measures to effectively correct and remedy the situation.

2.Receiving institution:
Area labor administration agencies (county and city government labor or social affairs bureaus) inquiry or assistance organizations.

3.Redress procedures :

1)When employees or job seekers discover violations of Article 13, they may complain to the local governing authority. However, when the employer, employee or job seeker do not accept the ruling, they may either apply for redress at the central government’s management agency’s (Executive Yuan’s Council of Labor Affairs) workplace gender equality committee or the central management agency’s workplace gender equality committee within 10 days or file suit through the prosecutor’s office.

2)When there is an objection to the act of disposition, the employer, employee or job seeker may, through prosecution and administrative legal procedure, file suit with the central management agency’s workplace gender equality committee

4.Inquiry line
Area labor administration agencies (county and city government labor or social affairs bureaus) or the Executive Yuan’s Council of Labor Affairs: 0800-380-038.
Date Posted: 2009-12-01 Location: ,
Foreigners who, while working in Taiwan, find themselves in a dispute related to aspects concerning their contracts or working rights can apply for mediation or help from Foreign Worker Counseling Center in each municipal government or independent organizations.


●Foreign Worker Counseling Center

1.Purpose

The Council of Labor Affairs (CLA) of the Executive Yuan currently runs 24 Foreign Worker Counseling Centers around the country for the purpose of offering services to foreign workers in Taiwan such as work consultation, legal consultation and appellation assistance in solving labor disputes. The centers have bilingual speakers of English, Thai, Indonesian, Vietnamese, etc. who offer consultation assistance and other services.

2.Services Provided

1)Offers foreign workers information about living in Taiwan, legal consultation services and essential assistance regarding the foreign worker’s religious persuasion.

2)Accepts foreign workers’ appeals cases and complaints and assists in managing labor disputes.

3)Visits employers of foreign workers and offers consultations and legal guidance to factories.

4)Handles leisure activities and other services related to foreign worker management consultations.

3.How to Contact

Foreign workers who have appeals or inquiry needs can go to their nearest Foreign Worker Counseling Center or contact a bilingual consultant by phone or written correspondence.

4.List of Local Foreign Worker Counseling Centers (Please consult service location information - List of Local Foreign Worker Counseling Centers)


●Local Labor Authorities

1.Services Provided

1)Solve labor disputes
Directs local Foreign Worker Counseling Centers to assist in solving disputes between foreign workers and employers concerning matters such as refunds of salary deductions, service fees, savings and taxes, etc.

2)Placement of foreign labor
In instances in which employers can not continue to take care of their foreign employees such as from the closing of a factory or going out of business, the sheltering institutions may arrange accommodations for them on behalf of local labor authorities. The sheltering institutions are required to fax the “Foreign Worker Sheltering Form” to local labor authorities within one working day.

2.Way to Contact

Foreign workers who are in a dispute with their employers concerning work or sexual harassment, may go to the local labor authorities to seek assistance.

3.List of Local Labor Authorities (Please consult service location information – List of Local Foreign Worker Counseling Centers)


●Foreign Representative offices of labor exporting countries in the ROC

1.Way to Contact

In the event foreign workers have some urgent matter or are affected by a labor dispute or an incidence of sexual harassment, they may also consult with their foreign representative office in Taiwan for assistance. After they present their case, the matter can be transferred to the CLA for processing.

2.List of representative offices of Thailand, Philippines, Indonesia, Malaysia, Vietnam and Mongolia in the ROC (Please consult service location information - Foreign Representative Offices of Labor Exporting Countries in the ROC)


●Toll-free Line for Filing Complaints

1.Purpose

In order to provide a channel for foreign workers to file complaints about assignment of illegal work, violations of the Labor Standard Law, forced deduction of savings, excessive charges of placement fees, sexual harassment, etc., CLA has established toll-free lines for the filing of complaints with the Bureau of Employment and Vocational Training. Currently, services are provided by bilingual staff members who speak English, Thai, Indonesian and Vietnamese. During the off-duty period, answering machines are switched on for foreign workers to leave messages. The staff will immediately take care of the complaints during on-duty time.

2.Inquiry Hotlines

English 0800-885885
Thai 0800-885995
Indonesian 0800-885958
Vietnamese 0800-017858
Date Posted: 2009-12-01 Location: ,
●Insured unit and insured persons:
Labor insurance is a group insurance. All units eligible for coverage shall join the program with their employees insured. Labor insurance is both compulsory and voluntary. Under the compulsory category, all workers, aged above 15 and below 60, working in an establishment with 5 or more employees such as factories, mines, companies, business firms, journalistic, cultural and non-profit cooperative enterprises, and employees of government agencies or public and private schools who are not eligible for civil servants’ insurance program or the insurance program of teachers and employees of private schools, persons employed in the fishing industry, persons receiving vocational training in vocational training institutes registered with the government, freelance workers without regular employer or self-employed workers as well as fishermen who belong to Class A of Fishermen’s Association are required to join the labor insurance program. Candidates participating on a voluntary basis include all workers belonging to industries other than those which are legally and compulsory required to join the program; employers who are also working; workers working for an employer with less than four employees; those insured who have withdrawn from the program due to separation from employment but have not filed for old-age benefits and have resumed working after reaching the age of 60; retirees who have claimed old-age benefits from social insurance schemes and resumed working; and persons who have, in accordance with law, applied for leave without pay for nursing at home.

●Premium rates and insurance salary:
The premium rates are of two types: ordinary risk and occupational accident. The former is currently prescribed at a rate of 5.5% of the insured person’s monthly insurance salary. The ratio of the premium payment is 70% paid by the employer, if the insured has a regular employer, 20% by the insured and 10% by the government. For occupational accident, the full premium is for the account of the employer. In case of no regular employer or being self-employed, the insured affiliated with an occupational union shall bear 60% of the premium for both the ordinary risk and occupational accident insurance, and the remaining 40% shall be paid by the government. Being Class A member of Fishermen’s Association without a regular employer or self-employed, the insured shall bear 20% of the premium for both the ordinary risk and occupational accident insurance, and the remaining 80% shall be paid by the government. As to the insurance premium rate for occupational accident, it varies according to the Table of Categories of Occupations and Premium Rates Applicable for Occupational Accident Insurance. Since the Merit Rating System of Occupational Accident Insurance was implemented in 1996, an insured unit with over one hundred employees shall pay the premium at a rate which is readjusted every year pursuant to the increase or decrease of occupational injury benefits claimed by the insured unit. Application of the measure has been further expanded to cover units with 70 employees since 2003. In addition, the insurance salary for labor insurance has been based on the actual salary total of the insured filed in accordance with the Table of Grades of Insurance Salary.

●Benefits:
The labor insurance program provides five kinds of benefits payable in cash, viz. maternity benefits, injury or sickness benefits, disability benefits, old-age benefits, and death benefits under the ordinary risk category. For occupational accident, there are injury or sickness benefits, disability benefits, death benefits and medical care benefits.

1.Maternity benefits:
If an insured person has childbirth occurring more than 280 or more days after joining the program or has premature labor occurring 181 days after joining, she is entitled to claim a lump sum of maternity benefits equivalent to one month of her average monthly insurance salary.

2.Injury or sickness benefits:
In case an insured person is not receiving salary payment on account of an injury or sickness for which he or she receives medical treatment, he or she is entitled to claim injury or sickness benefits beginning from the fourth day on which he or she is incapacitated for work.

The inpatient hospitalization benefits of ordinary injury or sickness shall be payable at the rate of fifty percent of the average monthly insurance salary of an insured person for the maximum period of six months. In case the insured person has at lease one full year of insurance coverage prior to the occurrence of the injury or sickness, such benefits shall be payable for an additional six months.

The inpatient hospitalization benefits and outpatient medical care benefits of occupational injury or sickness shall be payable at the rate of seventy percent of the average monthly insurance salary. In case the injured person has not recovered from the injury or sickness after one full year, the benefits are reduced to fifty percent of the average monthly insurance salary for the maximum period of one year.

3.Disability benefits:
In case an insured person who, in the wake of a medical treatment of injury or sickness, on the expiration of the period when he or she receives ordinary injury or sickness benefits, or at least one year after receiving medical treatment, has not recovered or suffers from any physical handicap which conforms to the provisions of the Disability Benefits Payment Schedule, and the diagnosis by a hospital specially contracted by the Bureau of National Health Insurance confirms that the insured person will be disabled for the rest of his or her life or his or her injury or sickness is incurable, he or she may claim the payment of disability benefits according to the degree of disability. The minimum payment of disability benefits is equivalent to thirty day’s salary computed on the basis of the average monthly insurance salary of the insured person; the maximum payment, 1,200 days. An insured person shall be paid an additional fifty percent of disability benefits if he can not continue to work on account of disability caused by occupational injury or sickness. If an insured person is unable to continue his original work after receiving disability benefits, the effect of his or her insurance shall be terminated immediately.

4.Old-age benefits:
An insured person who has any of the following conditions is
entitled to claim old-age benefits:

1)An insured person at least sixty years of age or a female insured person at least fifty-five years of age who has been insured for at least one year and retires;

2)An insured person whose insurance coverage reached over fifteen years, who is at least fifty-five years of age and retires;

3)An insured person who has been insured in the same insured unit for over twenty-five years and retires;

4)An insured person whose insurance coverage reached over twenty-five years, who is at least fifty years of age and retires;

5)An insured person who has been employed for more than five years in physical hard labor, work of special character, certified by the competent central authority as dangerous, who is at least fifty-five years of age and retires; or

6)Those retirees who are transferred to the military and civil servants’ insurance program and have met the requirements as specified in Article 76 of the Labor Insurance Act.

An insured person who claims old-age benefits payment shall receive one-month’s old-age benefits for each one of his or her coverage years computed on the basis of his or her average monthly insurance salary. In case his or her coverage exceeds fifteen years, he or she is entitled to received two-months’ old-age benefits for each one of the excess years, provided that the maximum amount of old-age benefits payment shall not exceed forty-five months of insurance salary for his or her insurance coverage below sixty years of age. Where it has exceeded half a year, it shall be counted as one year. In case an insured person continues to work after attaining sixty years of age only additional five years are payable. The maximum payment including the old-age benefits receivable before he or she attains sixty years of age shall not exceed fifty months’ insurance salary.


5.Death benefits:

1)Death of family member:
Three months’ salaries on the basis of his or her average monthly insurance salary in the event of the death of his or her father, mother or spouse; Two and a half months’ salaries on the basis of his or her average monthly insurance salary in the event of the death of his or her child at least twelve years of age; or One and a half months’ salaries on the basis of his or her average monthly insurance salary in the event of the death of his or her child less than twelve years of age.

2)Death of the insured:
In the event of the death of an insured person, five months’ average monthly insurance salary for burial subsidy is payable in addition to survivors’ benefits paid according to the following provisions:
l Ten-month survivors’ benefits shall be payable in one lump sum on the basis of his or her average monthly insurance salary in case his or her insurance coverage is less than one full year; l Twenty-month survivors’ benefits shall be payable in one lump sum on the basis of his or her average monthly insurance salary in case his or her insurance coverage is more than one full year but less than two full years; or l Thirty-month survivors’ benefits shall be payable in one lump sum on the basis of his or her average monthly insurance salary in case his or her insurance coverage is more than two full years.

3)Death of the insured caused by occupational injury or sickness:
In case an insured person dies from an occupational injury or sickness, not only shall a five-month burial subsidy be payable on the basis of his or her average monthly insurance salary, but forty-month survivors’ benefits shall also be payable to his survivors.


6.Medical care benefits for occupational injury:
Medical care benefits for ordinary injury or sickness are covered by the national health insurance program while medical costs from occupational injury are paid by the labor insurance program. Such being the case, the insured who has contracted occupational injury or sickness should apply for medical service with the medical service institute under the national health insurance program, in which case, cost-sharing shall be exempt and half of the expenses for ordinary and therapeutic diet shall be paid for the maximum period of 30 days. In addition, to protect the health of the insured, the Bureau of Labor Insurance also offers free medical check-ups to workers to prevent and treat occupational disease in the early stages.
Date Posted: 2009-12-01 Location: ,
●Observe the schedule of regular medical examinations:

1.Foreign professionals: Foreigners applying to work in Taiwan as teachers in supplementary language schools should submit a health check certificate issued within the previous three months by hospitals designated by the governing agency (the Department of Health under the Executive Yuan) of the Republic of China (ROC). If the health check certificate is issued by a foreign hospital, it shall be authenticated by an ROC embassy or overseas representative office.

2.Foreign laborers, upon arriving in Taiwan, should undergo medical examinations within three days after arrival and, the employer should arrange further medical examinations 30 days before or after the sixth months, 18th months and 30th months of employment in any government accredited hospitals.


●Apply for Alien Resident Certificate (ARC) within the prescribed time:
Within 15 days following arriving in Taiwan, the foreigner holding a resident visa shall bring the required documents to apply for Alien Resident Certificate (ARC) at the local NIA's service center or instruct others to do so. Foreign laborers shall take fingerprint cards.


●Foreign workers should pay income tax on wages earned in Taiwan according to the following regulations:

1.If a foreign worker has worked in Taiwan for less than 183 days in one fiscal year (January 1 to December 31) then the foreign worker should be paying the tax of a non-resident, which is equivalent to 20% of the taxable income. If the foreign worker worked in Taiwan for more than 183 days (or if the foreign worker entered Taiwan before July 1 and did not leave the country anytime within the year), or if the foreign worker has stayed in Taiwan for 183 days in the preceding year and is continuing his/her residence, then he/she shall be considered as a resident and shall be taxed 6% to 10% of his/her taxable income.

2.If the amount of a foreign worker’s income tax does not exceed NT$2,000 a month, he/she may opt not to let his/her employer deduct income tax from his/her salary. However, he/she is still liable to pay income tax in accordance with the law.

3.After coming to the ROC to work, the foreign worker must pay income tax. The application of income tax for the preceding year shall e from May 1 to May 31 of the succeeding year. If the foreign worker exits the country anytime in the middle of the year, he/she shall pay his/her income tax a week before his/her expected departure date. The tax office of the foreign worker’s district shall handle his/her tax refund. Processing time for tax refund shall be within four months. Tax refund checks shall then be released. Should a foreign worker need details related to his/her tax refund, he/she could request for it when he/she comes to claim his/her tax refund check.

4.If a foreign worker forgets or misreports his/her income tax in the ROC, he/she shall be fined twice the amount of his/her income tax. If he/she is a tax evader, he/she shall be fined more than thrice his/her income tax amount.


●A written labor contract shall be drawn up according to regulations:
The employer should sign a written contract with the foreign worker, and said contract must be of a fixed length of time. Those contracts not specifying a fixed length of time are limited by when the work permit expires. This also applies when renewing a contract. The contract should be in Chinese and also in translation using the mother language of the foreign laborer.


●How to join into, and withdraw from, the labor insurance system. (for details please log on to the Council of Labor Affairs’ (CLA) website and see the “Chapter on Labor Insurance”)

1.Joining into the labor insurance system:
If a foreigner falls under those who must be covered by the labor insurance program according to the “Labor Insurance Act,” then the employer should submit the foreign worker’s employment permit issued by the CLA, and a photocopy of the worker’s Alien Resident Certificate or passport to the Labor Insurance Bureau in order to apply to join the labor insurance program.

2.Withdrawing from the labor insurance program:
The day the foreign worker’s contract is up, or if the foreigner voluntarily leaves the job early, or transfers to another employer to finish out his or her term, the business institution (employer) should apply to the Labor Insurance Bureau for the foreign worker’s withdrawal from labor insurance coverage.


●How to join into and withdraw from National Health Insurance (NHI) coverage: for detailed information, please log on to the website of the Bureau of National Health Insurance (BNHI)

1.Joining into the health insurance program:
All foreign laborers possessing Alien Resident Certificates should join the NHI program. The employer should apply for health insurance related matters to the local branch of the BNHI within three days starting from the day when the laborer fits the qualifications for joining the insurance program.

2.Withdrawing from the NHI program:
Within three days starting from the day that the foreign laborer’s contract is up, or if the foreigner voluntarily leaves the job early or transfers to another employer to finish out his or her term, the foreign laborer should apply to the NHI to withdraw from insurance coverage.

●Regulations of the working conditions as to the wage and working hours: (for detailed information, please visit the CLA website)

1.Businesses covered by the “Labor Standards Law”:
If a foreigner is hired to work for businesses (manufacturing industry, construction industry, etc.) that fit the “Labor Standards Law”, wages, working hours, leaves, overtime work, and terms of severance should be regulated in accordance with the “Labor Standards Law.” Highlights of the existing related regulations are as follows:

1)The minimum wage:
From July 1, 2007 onward, the monthly minimum wage is NT$17,280 a month, and the hourly wage is NT$95.

2)The regular working hours:
A worker’s normal working hours should not exceed eight hours each day and the total working hours of every two-week period should not exceed 84 hours.

3)Overtime hours:
A male worker should not work for more than 12 hours a day, and the total overwork time should not exceed more than 46 hours each month.

4)Overtime pay:
If a worker works overtime for less than 2 hours, then the overtime pay should be at least an additional 1/3 the regular hourly pay. If the overtime is more than 2 hours, but does not exceed 4 hours, the overtime pay should be at least an additional 2/3 the regular hourly pay.



2.Businesses not covered by the "Labor Standards Law":
If a foreigner is employed by businesses that do not fall under the "Labor Standards Law" (domestic helpers, household caretakers, etc), terms regarding wages, working hours, leave and overtime work shall be regulated by the “labor contract” drawn up between the employee and the employer.
Date Posted: 2009-12-01 Location: ,
●Work permits for foreign spouses

1.Foreigners who are married to nationals with household registers in the Republic of China and are also legal residents (to be called a “foreign spouses”) are not required to apply for a permit to work in the ROC and the types of work are not restricted.

2.A foreign spouse who divorces or whose Taiwanese spouse dies during their term of residence, the term of the foreign spouse's work permit should not exceed th?e term of their resident permit. However, if the foreign spouse's original resident permit is revoked by the issuing authorities, their work permits will also become invalid.

3.Foreign spouses who lose their original right to work in the ROC due to the above reasons, but meet the criteria of Article 51 of the Employment Service Act, may be permitted to continue working in the ROC. Either the employer or individual may present related documents to the Council of Labor Affairs (CLA) to apply for a work permit. They may continue working in the ROC after a work permit is granted.


●Work permits for foreigners with special status

1.Application:
Foreigners who meet one of the following qualifications may apply for an employment permit with the CLA by the employer with related document. Foreigners meeting one of the conditions stipulated in subparagraphs 1, 3, or 4 may apply individually: (from the Employment Service Act, Article 51)

1)Foreigners who meet one of the following qualifications may apply for an employment permit with the CLA by the employer with related document. Foreigners meeting one of the conditions stipulated in subparagraphs 1, 3, or 4 may apply individually: (from the Employment Service Act, Article 51)

2)Those who have been permitted to be employed in the ROC continuously for 5 years, have an address and have demonstrated decent behavior.

3)Those living with blood relatives of direct lineage who have a household register in the ROC.

4)Those having obtained a right of permanent residency.



2.Required documents:

1)Application form.
2)Photocopy of passport.
3)Photocopy of front and back of Alien Resident Certificate (or Alien Permanent Resident Certificate).

4)Original postal remittance receipt itemizing examination fees paid.
5)Photocopy of employment contract. (Not required for those who file their own applications.)
6)Photocopies of company manager's identification, company register, commercial registration certificate, factory registration, special business permit, etc. (Not required for those who file their own applications.)
7)Other related documents: depending on different categories of status:

-Refugees:
Photocopy of Refugee Certificate. (Not required for non-refugees)

-Foreigners having worked in Taiwan continuously for five years:
Original of resident certificate from the last five years.
Photocopy of work permits from the prior five consecutive years.

-Foreign spouses or foreigners living with blood relatives of direct lineage who are on a household register in the ROC: Original household register transcript of blood relative with whom foreigner is issued within 3 months.


●Attention:

1.Applications filed by employers:

1)The maximum duration of the employment permit is three years, after which, employers who need to continue the employment should apply at the CLA to extend the work permit with the previously examined documents up to 60 days before the expiration of the permit. The permit for employment can be extended for one year.

2)Those changing their employers during the term of the permit must reapply.



2.Those applying individually:

1)The term of the work permit is restricted to the term of the resident permit. Foreigners should apply for an extension before their work permit expires. First apply for residence extension with the appropriate governing agency and then present documents to apply at the CLA to extend the work permit.

2)After such foreigners are issued a work permit from the CLA they are not restricted to any particular employment during the term of the work permit and, if they change jobs, do not need to reapply for a new permit.
Date Posted: 2009-12-01 Location: ,
Employment Categories Foreign students and overseas Chinese students are not restricted by the Employment Service Act, Article 46, Paragraph. After applying for and being granted a work permit, one may legally engage in work.

●Employment Period

1.The maximum time permitted is 6 months
(For those applying during the first term, the term of the permit ends by March 30. For those applying in the second, term, it terminates September 30 of the same year.)

2.Except for winter and summer vacation periods, work time is limited to 16 hours per week.

●Application Procedure Applications are based on status and the following required documents must be submitted to the Council of Labor Affairs, the Executive Yuan:

1.Overseas Chinese students

1)Application form
2)Copy of front and back of student identification
3)Copy of passport
4)Copy of front and back of Alien Resident Certificate.
5)Proof of school authorization.
6)Grade report from most recent school term or complete transcript of language courses
7)Original copy of receipt of payment

2.Foreign students.

1)Application form
2)Copy of front and back of student identification
3)Copy of passport
4)Copy of front and back of Alien Resident Certificate.
5)Proof of school authorization.
6)Grade report from most recent school term or complete transcript of language courses
7)Original copy of receipt of payment
8)Other related documents (should include at least one of the following):

‧Specific documented proof that financial resources are inadequate to continue studying or living in Taiwan.

‧Documentation from the school's research department head regarding the foreign student's assistance in related work.

3.Documentation that the student is engaged in fieldwork outside the school that is related to their course of study. Note: Foreign students possessing exceptional language skills with special approval from the Ministry of Education do not have to enclose any of these documents and can submit a copy of proof of the MOE's special approval.
Date Posted: 2009-11-30 Location: ,
●Occupation types:

1.Fishery work
2.Household care
3.Manufacturing
4.Construction
5.Institutional nursing
6.Home-based nursing
7.Translation
8.Food preparation and related work

●Work limitations:

1.The work permits for foreign workers who are invited to come to the Republic of China (ROC) to work in fishing, manufacturing, construction, household care, home-based nursing, institutional nursing, etc. are limited to a maximum of two years.

2.In the case of foreign workers whose work permits are expiring, employers who need to continue their employment should apply at the Council of Labor Affairs (CLA) under the Executive Yuan to extend their work permits within 60 days before the expiry. The permit for employment can be extended once for a maximum of one year.

3.Employers engaged in important construction projects in a special situation may again apply at the CLA to extend foreign employees work permits within 60 days of the expiration for a maximum of six months. Those engaged in work, such as food preparation or translation, are permitted to work up to a maximum of three years. Employers needing to continue the employment may apply for an extension before the deadline.

4.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 working in Taiwan by those engage in fishery work, manufacturing, construction, household care, home-based nursing, institutional nursing, etc. should not exceed nine years.

●Changing employers (cannot change employers without permit):

1.If, during the time the foreign worker is working in Taiwan, situations arise in which the labor contract is terminated, such as 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 accorded by the contract, the employee or their employee must register a change of employer at Council of Labor Affairs, Executive Yuan (CLA).

2.Foreign workers whose employers can no longer employ them for other reasons for which the worker is not responsible, must apply for approval at the CLA and then register for a change of employer at the local employment service center. When changing employers, the worker should still be engaged in the same type of work as their original employment. (Domestic helpers and caretakers are regarded as the same type of work.)

3.If the foreign workers are unwilling to change employers or the employer-changing procedure have been processed through the local service center but the foreign workers still cannot find an employer, the original employer should take responsibility for arranging the worker to leave the country. In the event the employers' whereabouts are unclear, the county/city government and the local NIA's service center will jointly handle arrangements for the worker's departure.

4.In situations in which the employee changes employers during the time working in Taiwan, the worker should ask the new employer to apply to continue the hiring permit with the CLA before the expiration.

●Notice of related rights:

1.Questions regarding foreign workers pregnancy:

‧Medical Exam:
Foreign workers should have medical examinations prior to entering Taiwan, in which pregnancy tests are included as one of the items. If the foreign worker is tested to be positively pregnant, the medical examination is classified as unqualified and is not permitted to work in Taiwan.

‧Employments rights:
-In the event that a foreign worker becomes pregnant during their time working in Taiwan, the employer can neither terminate the contract for this reason nor force the foreign worker to leave the country.

-Those foreign workers employed in manufacturing industries, construction industries and all other industries covered by the Labor Standards Law, the same shall give them the guarantee in case of pregnancy. They need to request their employers to give them lighter assignments that are approved by the CLA.

-For domestic helpers and caretakers who are not covered by the Labor Standards Law, employers could not terminate the contract for reasons of pregnancy. The issue of pregnancy shall be handled by both employer and foreign worker according to the terms in the employment contract. (It is suggested that the article of arbitration be included in the Employment Contract. It is recommended that the Labor Disputes Arbitration Institution is founded by laws.) However, if the employee could no longer do her job because of the pregnancy, the employer could assert to pre-terminate the contract.

-The jobs that foreign workers have come to Taiwan to assume are often heavy tasks and toilsome. If the foreign worker could no longer continue with the same job due to pregnancy, aside from creating inconvenience to the employer, this might lead to labor disputes and could affect the foreign worker’s condition. The CLA requests foreign workers that are sexually-active, necessary precautions (such as the use of condoms and other contraceptives) should be taken to maintain an protect the foreign worker’s rights.

2.Change of work location

‧The location of the foreign worker’s employment should be consistent with the address provided on the employment permit.

‧Foreign workers in Taiwan that are engaged in work such as manufacturing or the construction, may relocate to projects or factories of the same employer as assigned by their employer. Those employed as institutional caretakers, may move to hospitals set up by the original institution to which they are employed for work.

‧Foreign workers engaged in work as caretakers may move to a location near their patients to be better able to care for their patients or, during any time their patient is hospitalized, they are subject 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. For each transfer period is no more than 2 months and extendable, but the total accumulated period is no more than 6 months a year. Those who are working as home care may accompany their patients who move and continue their work at the new location.

3.Must not be engaged in work outside the permit

‧Foreign workers are expected to engage in work that is consistent with the type of employment that is specified on their permit and they may not engage in any work except that has been permitted. Foreign workers engaged in manufacturing must be engaged in types of manufacturing limited to the stipulations of the CLA and must not be engaged in any work that requires a related specialized certificate (such as professional driver or crane operator).

‧Foreign workers working as domestic helpers, under the premises that have been agreed to by the individual, may apply through the employer at the CLA to change their work status to household caretakers.

4.Placement Fees:
In order to maintain the standards for reasonable placement fees, the Council of Labor Affairs (CLA) has adopted the following measures:

‧The ROC requests all countries to be clear in setting the Administrative fees and Placement fees, and proposes that the placement fees must not exceed the basic monthly wage.

‧The ROC requests all countries to eliminate the Taiwan Broker’s Fee when setting the Placement Fee, and set the regulation that the Taiwan Broker is not to collect the “Taiwan Broker’s Fee” from foreign workers who obtained the ROC visa after November 9, 2001.
The Service and Transportation fees paid by foreign workers who obtained the ROC visa after November 9, 2001 should be adjusted accordingly. The total of such fees should 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 had worked in Taiwan for more than two years, and have returned to work in Taiwan after the previous employment ceased or the completed of the employment period stipulated on the work permit, and are employed by the same employer, the maximum fees allowed is NT$1,500. The service and transportation fees of the workers who obtained ROC visa before November 9, 2001, then the original rule applies which dictates a maximum of fees of NT$1,000.

‧The Taiwan broker should also sign a Services Contract with the foreign worker. The Services Fee should only be collected after the itemization of services with the corresponding fees agreed upon by both parties.

‧Foreign workers who apply for the ROC visa starting from November 9, 2001 should sign the Fees & Salary Declaration of Taiwan-Bound Workers, which specifies all fees to be paid and wages to be received. After the Affidavit has been verified by the offices that manage the export of foreign workers, it should be shown when the worker applies for the ROC visa. It should then be brought to Taiwan by the foreign worker and be submitted when applying for work permit by the employer.

5.Foreign Workers' Salary including food and lodging fees:

‧Wages should be paid as stipulated in the contract in accordance with the ROC Labor Standards Law, and should be at a fair and reasonable price. CLA has assessed the average monthly food and lodging expenses per person to calculate a standardized amount. Considering the rights of foreign workers and in respect of market control mechanism, it was suggested that a minimum of NT$5,000 per month shall be taken from the worker's salary as the food and lodging fees. This should only be used as a reference and to be agreed upon by both parties. The employers should not make any unilateral changes to the agreed items. Should the need for revision arise, both employer and foreign worker should agree to the revisions before the items become effective.

‧In the application of the preceding law for those foreign workers who are not covered by the Labor Standards Law like domestic helpers and caretakers, both the employer and foreign worker must include this item in the employment contract to protect the rights of both parties.

●Foreign workers' representative offices in the ROC
Foreign workers that have emergencies while in Taiwan or who are involved in a work dispute or are the recipient of sexual harassment can request assistance from their countries' in Taiwan that, after receiving one's case, will immediately transfer it to the CLA for proper action.- List of Foreign Worker Sending Countries Representative Offices in the ROC (check the CLA foreign labor website – Foreign Worker Related Organizations)
Date Posted: 2009-11-30 Location: ,
●Introduction
The Council of Labor Affairs (CLA) under the Executive Yuan began to issue work permits to foreign professionals on Jan. 15, 2004. However, the following foreigners must submit their applications to the following agencies:

‧Foreign ship crew members must apply to the Ministry of Transportation and Communications.
‧Specialized technicians employed by ROC manufacturers in the Science-based Industrial Parks must apply to the Science-Based Industrial Park Administrations (SBIPA).
‧Specialized technicians employed by ROC manufacturers in the Export Processing Zone must apply to Export Processing Zone or its branches.

●Work permit:

‧Basic principle: A foreigner cannot work in the Republic of China if his/her employers do not apply for a work permit (Article 43 of the Employment Service Act).

‧Exceptions:
-Foreigners who work for central or municipal governments agencies or public academic research institutions as consultants or researchers need no work permit (Article 48 of the Employment Service Act).

-Foreigners whose spouses are ROC citizens with household registration and who have been permitted to stay in the ROC need no work permit (Article 48 of the Employment Service Act).

-Foreigners who can directly apply to the governing agency of the central government without needing to apply through their employers include:
(1) Foreign refugees who are permitted to stay in the ROC.
(2) Foreigners who are permitted to live with their lineal blood relatives who possess household registration in the ROC.
(3) Foreigners who are granted permanent residence.

●Approved fields of work:
Foreign professionals who are employed to work in the ROC are limited to working as:

‧Specialists or technicians.
‧Executives of enterprises set up by overseas Chinese and foreign investors.
‧School teachers.
‧Teachers at supplementary language schools.
‧Sports coach or athlete.
‧Religious, art, or entertainment arts workers.
‧Crew members of merchant ships or working ships.

●Duration limit:

‧A work permit can be issued for a valid period of up to three years. When the work permit expires, the employer can apply for an extension if necessary (Article 52 of the Employment Service Act).

‧If an employer and an employee sign a one-year contract, the maximum approved duration of the permit will be one year. However, if the contract is five years long, the maximum approved duration must not exceed three years following the government’s review.

●Employment Transfer:

‧During the duration of the work permit, if a foreigner needs to change employer, or is employed by two or more employers, the new employer(s) must submit an application for a new work permit for the foreign worker.

‧When a foreigner applies to work for a new employer, the new employer must also submit documents concerning the foreigner’s termination of employment from the previous company.

‧Foreigners who are categorized as professionals in the ROC cannot change status to blue-collar foreign labor workers, who work by the express permit of the R.O.C government.

●Regulations to follow:

‧Health examination
Foreigners who work as supplementary language school teachers must submit a medical check certificate issued within the previous 3 months from hospitals designated by the Department of Health, along with their work permit applications. If the medical check certificate is issued by a foreign hospital, it must be authenticated by an ROC embassy or overseas representative office.

‧Wages
-The wages of foreigners employed as specialists or technicians must not be lower than the average monthly wage of technicians specified in the latest survey of the average monthly wages in the same field announced by the central governing authority.

-“Wages” shall include "fixed wages" and "special wages." Fixed wages include the base salary, professional allowance, monthly bonuses, and fixed subsidies including housing, electricity and water, transportation, and lodging allowances or monetary compensation for goods. Special wages include overtime pay, irregular bonuses and subsidies (not on a monthly basis) such as those received for the Chinese New Year, Dragon Boat, and Mid-Autumn festivals, special bonuses for giving up annual leave, allowances granted for missing meals, etc.

‧Illegal working prohibited
Foreigners who engage in any of the following behaviors are considered illegal workers in the ROC:

-Those who work in the ROC for employers without applying for a work permit.

-Those whose work permits have been revoked or expire, yet still continue working in the ROC.

-Those who do jobs that are not approved by the government.

-Those who are employed by other employers aside from their legal employers approved of by the government.

●Information related to employers applying for work permit(s):

‧Please refer to "Qualifications and Criteria standards for Foreigners undertaking in the Jobs Specified in Article 46.1.1 to 46.1.6 of the Employment Service Act" regarding the employers’ qualifications, foreigners’ qualifications, and the content of the work.

‧Application forms for work permit of employing foreign professionalsHow to apply: (work permits issued by the CLA)

-Send a designated person to the counter of the Bureau of Employment and Vocational Training of the CLA to submit an application (address: No. 83, Yanping N. Road, Sec 2, Datong District, Taipei City 103).

-Send an application by registered mail to: No. 83, Yanping N. Road, Sec 2, Datong District, Taipei City 103. Attn: Comprehensive Planning Department of the Bureau of Employment and Vocational Training (application for the employment of foreign specialists).

‧Processing time: around 7 to 10 working days.
Date Posted: 2009-11-30 Location: ,
On behalf of the government of Taiwan, we sincerely welcome you to work in Taiwan. In order to help you understand rules and regulations concerning working in Taiwan, please read the primer carefully and keep it with you for future reference.

●What You Need to Do upon Issuance of Work Permit

1.VISA
If you were approved to issue a work permit by the Council of Labor Affairs (CLA), you need to apply for a visa through Taiwan’s representative office stationed in your country; or if you are already in Taiwan, you need to apply for a status change of visa through Bureau of Consular Affairs. Working hours of BOCA: Monday through Friday, 8:30 am to 5:00 pm (open for noon, closed on Saturday, Sunday and national holidays). Please check related information at the website http://www.boca.gov.tw/mp?mp=2.

Contact Information of BOCA, Ministry of Foreign Affairs
Website address:http://www.boca.gov.tw/mp?mp=2
Address:3F., No.2-2, Sec. 1, Jinan Rd., Jhongjheng District, Taipei City 100, Taiwan (R.O.C.)
Phone No.: (02) 2343-2888
Taichung Office Phone No.:(04) 2251-0799
Kaohsiung Office Phone No.:(07) 211-0605
Hualien Office Phone No.:(03) 833-1041

2.Alien Residence Certificate (ARC)
You need to apply for an alien residence certificate within 15 days upon arrival. Please bring necessary documents to apply to the foreign affairs division of your local police authority. (Foreign Affairs Division of Taipei City Police Department, 02-23817494)

3.Taxable Income, Tax Deduction and Tax Refund
If you worked in Taiwan for less than 183 days in one fiscal year (January 1 to December 31) then you shall be paying the tax of a non-resident, which is equivalent to 20% of the taxable income. If you worked in Taiwan for more than 183 days (or if you entered Taiwan before July 1 and did not leave the country anytime within the year), or if you have stayed in Taiwan for 183 days in the preceding year and are continuing your residence, then you shall be considered as a “resident” and shall be taxed 6% to 10% of your taxable income.
Your income from working in Taiwan is required to file income tax by laws. For income tax filing and tax related questions, please contact district offices of National Tax Administration. Toll free hotline: 0800-000-321.

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●Your Rights while Working in Taiwan

1.Health insurance
All foreigners who carry alien residence certificate are required to carry health insurance. As to health insurance questions, please check related information at the website http://www.nhitb.gov.tw;TEL:02-2191-2006.

2.Labor insurance
If you are employed at business unit with more than five workers, you are insured under employer, or group hired, or organization affiliated; for information, please check with the website at http://www.bli.gov.tw;TEL:02-2396-1266.

3.Labor rights
While you work in Taiwan, if you have interrogations or disputes about labor contract or labor rights, you can file for counseling, mediation or arbitration from local labor authority in every city or county government. As to laws and regulations about labor disputes, please check related information at the website www.cla.gov.tw;TEL:0800-380-038.

4.Consumer rights
Consumers (include foreigners) interrogations or disputes with business organizations for products and services can ask for counseling or file their complaints to business organizations, consumer protection group, or consumer service center; or call for service at 1950 (national hotline). For details, please check the website at http://god-club.surfl.com/help.htm.

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●Laws and Regulations and Penal Provisions Concerning Employment

1.While working in Taiwan, if you are engaging in any of the following behaviors, your permit will be terminated, and you will be ordered to leave the country within due days.

-Work for any one other than employer who applied for your work permit;

-Any work other than assigned by your employer;

-Absent from work for three consecutive days without reasonable causes;

-Refuse undergoing physical examination, and/or provide false information about physical examination, or fail to pass physical examination

-Violate, in serious behavior, any rules and regulations prescribed under Employment Service Act;

-Violate, in serious behavior, any other laws and regulations under Taiwan legal system.

2.Other related rules and regulations

-Should employment contract expires or terminates, you need to leave the country immediately;

-Foreigners employed at cram schools are required to undergo physical examination. Those who are employed otherwise are required as Department of Health determined.

-Work without permission will be punished carrying dollar amounts of fine of at least NT 30,000 dollars, and up to NT 150,000 dollars; and you will be ordered to leave the country within due days, and will not be allowed re-entry.

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●Other living information

1.Should you have any other questions about living in Taiwan, please check with the website Information for Foreigners at http://iff.immigration.gov.tw/enfront/index.php, or call 0800-024-111

2.For travel information in Taiwan, please call Tourism Bureau at (02) 2727-3737, or 0800-011765, the website address: http://eng.taiwan.net.tw/

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●Other employment information

You can call Bureau of Employment And Vocational Training (address: No. 83, Sec 2, Yanping N. Rd., Datong District, Taipei City 103, Taiwan (R.O.C.) at (02) 8590-2567 for further information. Website address: http://www.evta.gov.tw/eng/home/index.asp
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