Work

”Foreign special professional” refers to a foreign professional as referred to the work specified in Article 46.1.1 to 46.1.6 of the Employment Service Act who possesses special expertise needed by the State in science and technology, economy, education, arts and culture, sports, finance, law, architectural design, and national defense, as announced by the central competent authority.

There are two application channels. The first is to apply for a Gold Card by yourself. The other channel is where the employer applies for an employment permit from the Ministry of Labor.

The Employment Gold Card and the employment permit are governed by different regulations and qualifications. If the foreign special professional’s application for the Employment Gold Card is approved by the Ministry of the Interior, the Employment Gold Card is regarded as the work permit for the foreign special professional when he or she engages in professional work, without the new employer needing to submit a new application. If the application was made by the employer at the Ministry of Labor, it is necessary for the foreigner to request the new employer to apply for the work permit according to the regulations of the “Act for the Recruitment and Employment of Foreign Professionals” and the “Employment Service Act”. After permission is granted, the foreign special professional may start to work.

The Employment Gold Card includes an open work permit that allows the holder to engage in all white-collar jobs in Taiwan. However, if the profession they engage in is not under the original Field of application, the individual’s tax concessions will be affected.

Expats

1. Those whose purpose of residence is “family reunion.”

   -Spouses of Nationals with household registration in the Taiwan Area (Employment Service Act, Article 48.1.2)

   -Spouses residing with foreign professionals must have their employer apply for a permit from the Ministry of Labor. They must meet the general and specific requirements for foreign professionals engaging in specialized or technical work. The minimum hourly wage must be NT$200, and the maximum weekly working hours are 40. (Announcement No. 10605154981 of the Ministry of Labor on August 14, 2017, and Labor Standards Act, Article 30.1)

2. Those whose purpose of residence is “employment.” (Employment Service Act, Article 46)

3. Those whose purpose of residence is “study. “They may apply for an individual work permit from the Ministry of Labor, with a maximum of 20 working hours per week. (Employment Service Act, Article 50)

4. Those whose purpose of residence is “investment.” (Employment Service Act, Article 46)

Hong Kong and Macau Residents

1. Those whose purpose of residence is “family reunion.”

   -Spouses of Nationals with household registration in the Taiwan Area.

   -Spouses residing with foreign professionals must have their employer apply for a permit from the Ministry of Labor. They must meet the general and specific requirements for foreign professionals engaging in specialized or technical work. The minimum hourly wage must be NT$200, and the maximum weekly working hours are 40.

2. Those whose purpose of residence permit is “employment.”

3. Those whose purpose of residence permit is “study.” They may apply for an individual work permit from the Ministry of Labor, with a maximum of 20 working hours per week.

4. Those whose purpose of residence permit is “investment.” (Note: In accordance with Article 13 of Laws and Regulations Regarding Hong Kong & Macao Affairs, rules regarding residents of Hong Kong and Macau employed in Taiwan shall apply mutatis mutandis to the provisions of the Employment Service Act concerning the employment, management, and penalties for foreign workers.)

Mainland Chinese Residents

Spouses of Nationals with household registration in the Taiwan Area who obtain a residence permit or long-term residence permit (Cross-Strait Relations Act, Article 17-1). In addition, the ARCs/residence permits of spouses allowed to work are marked with “The holder does not need to apply for a work permit to work.”

• Employment Gold Card holders. (Article 9 of the Act for the Recruitment and Employment of Foreign Professionals)
• A foreign professional, foreign specialist professional or foreign senior professional who engages in professional work in the R.O.C. and has obtained permanent residency. (Article 7 of Act for the Recruitment and Employment of Foreign Professionals)
• A foreign worker who is employed as a consultant or researcher by the R.O.C. government or their subordinate academic research institutes. (Subparagraph 1, Paragraph 1, Article 48 of the Employment Service Act)
• Those holding only the Nationality of the Republic of China who do not have a permanent residence in Taiwan. (Article 79 of the Employment service Act)
• A foreign worker who is married to a Taiwanese citizen, has a registered permanent residence in Taiwan, and is permitted to stay in Taiwan. (Subparagraph 2, Paragraph 1, Article 48 of the Employment Service Act)
• A foreign worker who is employed at a public or registered private college/university to hold lectures or conduct academic research, and is approved by the Ministry of Education. (Subparagraph 3, Paragraph 1, Article 48 of the Employment Service Act)
• Individuals from the Mainland Area approved to have spouse residency or long-term residency on a case-by-case basis. (Article 17-1 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area)
• Those whose entry visa is viewed as work permit – holiday work: The entry visa held by a foreign worker shall be deemed as a work permit. Should such visa be granted on the basis of an international written agreement specifying the foreign work permit, the number of people, and the period of residence (stay), it must be noted that the primary purpose of such agreement is not to enter Taiwan to work. (Article 4 of the Regulations on the Permission and Administration of the Employment of Foreign Workers)
• Cases in which the entry visa held by a foreign worker for a period of stay that is within 30 days shall be deemed as a work permit (Paragraph 1, Article 5 of the Regulations on the Permission and Administration of the Employment of Foreign Workers):

1. Undertaking contracts for at most 30 days.
2. To help assist in the solution of emergency cases and related problems for the purpose of public welfare and to engage in special and technical work.
3. Well-known experts recognized by the central governing authorities or invited by schools of the college level or higher, governments of all levels and their subordinate academic research institutes to be engaged in speeches or commercial technical advisory work.
4. Those who are invited by the central governing authorities to be engaged in non-profit art performances or sports events.

• Cases in which the entry visa for a period of stay that is within 90 days held by a foreign worker shall be deemed as a work permit (Paragraph 2, Article 5 of the Regulations on the Permission and Administration of the Employment of Foreign Workers): A foreigner who obtains an Academic and Business Travel Card issued by the immigration authority (National Immigration Agency) for the purpose of engaging in speeches or technical advisory work. For related information, please refer to the Here

1. Employers shall contribute no less than six percent of workers’ monthly wages to individual labor pension accounts at the Bureau of Labor Insurance for workers who are eligible for the Labor Pension Act on a monthly basis.
2. In addition to the mandatory employers’ contribution, workers may contribute voluntarily additional sums, up to a maximum 6% of their monthly wages to their pension accounts.

Under most cases, your spouse must first find employment and have the employer apply for a work permit on their behalf. For information on the requirements for a work permit, please see HERE

However, your spouse can work part-time as a specialized or technical worker, or as the director or manager of an approved business that has been invested in/established by Overseas Chinese or foreigner(s), their salary or remuneration must be NT$200 or more per hour.

For Spouses of Foreign Professionals Engaged in Part-Time Specialized or Technical Work, please click HERE

For Spouses of Foreign Professionals Engaged in Part-Time Work as the Director or Manager of an Approved Business that has been Invested in or Established by Overseas Chinese or Foreigner(s), please click HERE

If you are covered by employment insurance, have a spouse who is a Taiwanese citizen with household registration, and have left your job involuntarily, you are eligible to apply for unemployment benefits through the Ministry of Labor. For more information on employment insurance For detailed information on applying for unemployment benefits

Workers aged 60 years and older, with a seniority of less than 15 years, may claim a lump-sum payment; those with a seniority greater than or equal to 15 years may choose to claim a lump-sum payment or monthly payments. Seniority referred to shall be calculated based upon the period in which the contributions to the pension have been made. If the seniority of an employee is interrupted, both the foreign professional’s seniority before and after the interruption shall be combined in calculation.

Please contact InvestTaiwan .

They will provide detailed information on setting up a business in Taiwan.

If you are in Taipei City, you can try contacting the Startup Taipei office .

For an employed Gold Card holder who has obtained permanent residency from the National Immigration Agency of the Ministry of Interior, their adult children who qualify with the prescribed days of residence and eligibility criteria, may apply directly to the Ministry of Labor for permission to work in Taiwan, and need not apply through an employer. (Please find more information in: Act for the Recruitment and Employment of Foreign Professionals - Article 15 )