TAIWAN Law and Practice Contributed by: Chengkai Wang, Yachi Huang, Herman Lin and Tzutien Huang, Dentons Taiwan (Dacheng Taiwan)
These provisions are designed to protect the pri - vacy and integrity of employee data and ensure that employers handle personal information responsibly and transparently.
This ensures that all foreign workers, including spous - es of authorised workers, meet local employment regulations before they can commence employment. Resident Labour Market Test There is no requirement for a labour market test in Taiwan as a prerequisite for employers to hire foreign workers, or for the issuance of short- or long-term visas. 4.2 Registration Requirements for Foreign Workers In Taiwan, employers must obtain authorisation from the central competent authority before hiring for - eign workers, except under special regulations. This involves a review and approval process by the Ministry of Labor, which must be completed before the for - eign professional can commence employment. Each employment permit application for foreign profession - als can be granted for up to three years, with the pos - sibility of renewal without limitation on the number of extensions. If the foreign professional meets the criteria for specific talents, the permit can be extended for up to five years per application. Most foreign workers must be hired by an employer and sign an employment contract, accompanied by the necessary documentation to apply for a “Work Permit for Foreign Professionals”. Notably, foreign individuals can also apply directly to the Ministry of the Interior for an Employment Gold Card, which allows them to engage in professional work once approved by the Ministry of Labor after a joint review of their qualifications.
4. Foreign Workers 4.1 Limitations on Foreign Workers General Rules
The employment of foreign workers in Taiwan is gov - erned by Articles 42 to 62 of the Employment Service Act and the Regulations Governing Visiting, Residen - cy, and Permanent Residency of Aliens. These laws require employers to obtain employment permits for foreign workers, specify the necessary documenta - tion, define permissible job categories and establish the qualifications required for both employers and employees. The validity period of the employment permit is also stipulated within these regulations. Employers who hire foreign workers without the req - uisite authorisation are subject to administrative fines and may face criminal charges, as outlined in Articles 63 and 68 of the Employment Service Act. Visas While Taiwan does not impose numerical limits on most short-term visas, there is a specific cap for for - eign professionals seeking employment: only 1,000 six-month employment-seeking visas are issued annually under Article 11 of the Act for the Recruit - ment and Employment of Foreign Professionals. This quota is enforced by directives from the Ministry of Foreign Affairs and the Ministry of the Interior. Spouses Spouses and children of foreign workers are eligible to apply for dependent residency; however, this status does not automatically grant them the right to work. Spouses desiring to work must obtain their own work permits under the guidelines set forth in Articles 42 to 62 of the Employment Service Act, as per the Immi - gration Act and the Regulations Governing Visiting, Residency, and Permanent Residency of Aliens.
5. New Work 5.1 Mobile Work
Taiwan currently lacks specific legislation for mobile work, except for guidelines issued during the COV - ID-19 pandemic by the Occupational Safety and Health Administration. These guidelines, titled “Refer - ence Guidelines for Home Office Occupational Safety and Health”, require employers to identify potential hazards in the home office environment, conduct risk assessments and implement appropriate con -
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