Ordinance
Ministry of Labor
Issue Date:January 7,2015
Issue Number: Lao-Dong-Fa-Guan-Zi-No. 10398016741
Attachment:
The Ministry hereby interprets the term of consent under Article 6 as used in the Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Services Act. In the event that any of the following criteria is met, foreigners, who are holding a bachelor’s degree (or above) and are employed to undertake the professional and technical jobs specified under Article 46-.1-.1 of the Employment Services Act, shall not be subject to the work experience requirement:
- Employers who acquire the “certificate of the range of the enterprise operational headquarters,” “authorization letter of domestic and foreign enterprises’ plan to establish research & development centers in Taiwan,” “certificate of MOEA’s Electronics and Information International Partner Firm Awards” with one year validity starting from the next date of receiving the award, or belong to “any of the ten types of important strategic emerging manufacturing enterprises and technical service providers as set out under Annex 9 of Paragraph 1 of Article 5 of the Regulations for Encouraging Manufacturing Enterprises and Technical Service Enterprises in the Newly Emerging, Important and Strategic Industries”.
- Business entities in the Science Parks which hire foreigners to undertake the design, industrial technology advancement or research & development, management studies and the relevant, business promotion in regions speaking uncommon languages and market research, and so on, for the purpose of product manufacturing or labor services.
- Business entities within the Free Economic Pilot Zones.
- Business entities that comply with definitions of “startup with innovation capability” listed in the HeadStart Taiwan Program.
In addition, in the event that employers hire graduates who are foreigners, overseas Chinese students, and other ethnic Chinese students holding bachelor’s degree (or above) from domestic public or certified private colleges/universities since the school year 2011 to undertake the professional and technical jobs specified under Article 46.-1.-1 of the Employment Services Act, those are not subject to the work experience requirement.
This interpretation shall take effect on this day.
The Order of the Council of Labor Affairs dated July 31, 2013 (Ref. No. Lao-Zhi-Gui-Zi-1020511127) shall cease to apply on this day.
Minister Chen Hsiung Wen