外籍學生畢業後如何在台灣生活與工作 After Graduation: Living and Working in

Taiwan

Michael Faheymfahey@winklerpartners.com

Contents

• Work• Residence• Q&A/Discussion

Employment Service Act• Purpose: To further the employment of

Taiwanese citizens and enhance social and economic development.

Key Law and Regulations• Employment Service Act

• 就業服務法• Enforcement Rules of Employment Service

Law

• 就業服務法施行細則

Where can I Find the Law?• Where: http://law.moj.gov.tw/

– Most major laws and regulations available in English

– Some lesser regulations and letters of interpretation not available in English

– Be careful! A little knowledge is a dangerous thing.

Employment of Foreigners (I)

• Precondition: employment of foreigners must not obviously jeopardize employment of citizens. Employment Service Act § 42

Employment of Foreigners (II)

• Basic rule: Foreigners cannot work without permission (work permit) from the government. Employment Service Act § 43

• Employer applies to the Ministry of Labor’s Work Force Development Agency (WDA) for permission to hire foreigner. The WDA issues work permits. It is a central government agency.

Employment of Foreigners (III)

• Scope: Foreigners are permitted to do only certain kinds of work. Employment Service Act § 46

Employment of Foreigners (IV)

• Permitted types of work:– Professional and technical work– Teachers– Language teachers– Coaches and athletes

– Missionaries, artists, and performers

What is work?

• Ministry of Labor: Any work or provision of services regardless of whether it is paid or unpaid. Laozhi Waizi No. 0950502128– Unpaid performances are work– Unpaid volunteer work is work– A work permit is required for even unpaid

performances

Professional and technical work1. Civil engineering and

architecture

2. Transportation, Telecommunications, and Tourism

3. Taxes and financial services

4. Real estate agency

5. Immigration services

6. Law

7. Construction Consulting;

8. Healthcare

9. Environmental protection

10. Culture, sports, and recreation

11. Academic research

12. Veterinarians

13. Manufacturing

14. Wholesaling

Other Qualifications (I)• Employer Capital or Revenue

– >NT$ million or >NT$10 million

– Does not apply to all employers– Applies to employers of professionals in some

important sectors such as print media, broadcast media, manufacturing, and wholesaling.

– Does not apply to others such as financial services, academic research, or law.

Other Qualifications (II)

• Minimum Salary– Graduates of foreign universities and

experienced professionals: NT$47,971

– Foreign graduates of Taiwanese universities: NT$20,008 (2015.7.1) if you score 70 points.

• Note: average wages for 20-24 age bracket: c. NT$24k. Average wage for university graduate c. NT$30k.

Other Qualifications (III)

• Experience– Graduates of foreign universities and

experienced professionals: 2 years in a related field

– Foreign graduates of Taiwanese universities: no experience required if you score 70 points.

Points System for Foreign Graduates (I)

• New Regulations (July 2014)

• July 2014- June 2015 Quota: 2,000

• One Malaysian student’s story of obtaining a work permit (in Chinese)

Points System for Foreign Graduates (II)

• Education– PhD 30 points– MA 20 points– BA 10 points

Points System for Foreign Graduates (III)

• Salary– >= NT$47,971: 40– NT$40k-$47,971:30– NT$35k-40k: 20– NT$31,520-35K: 10

Points System for Foreign Graduates (IV)

• Work Experience– 2 years: 20– 1-2 years: 10

Points System for Foreign Graduates (V)

• Special Qualifications: 20– Related to job– Professional certification– Awards

Points System for Foreign Graduates (VI)

• Chinese– Fluency: 30– Advanced: 20– Intermediate 10– Test of Chinese as a Foreign Language

(TOCFL) or number of hours at a Mandarin Training Center in Taiwan

Points System for Foreign Graduates (VII)

• Other languages– 2 languages other than Chinese: 20– 1 language other than Chinese: 10

Points System for Foreign Graduates (VIII)

• Other languages– 2 languages other than Chinese: 20– 1 language other than Chinese: 10– Certify with a foreign high school diploma, test

(TOEFL, IELTS, JLPT etc.), or study at language school.

Points System for Foreign Graduates (IX)

• Life Experience overseas– 6 years of residence overseas: 10– Must be continuous

Points System for Foreign Graduates (X)

• Targeted Industries: 20– Company is following government policy to

develop a new area

– Examples: Taiwan ‘Mittelstand’ company (Bright Optronic, Apex Biotechnology, Franz Collection etc.), foreign R&D centers (HP, Microsoft, Fujitsu etc.), or foreign regional HQ.

Key Regulation

• Qualifications and Criteria Standards for foreigners undertaking the jobs specified under Article 46.1.1 to 46.1.6 of the Employment Service Act § 5-1.

Where?

• Workforce Development Agency

• 勞動力發展署• Translation: Points test for foreign

graduates of Taiwanese universities makes work permits easier

Job Prospects for Foreign Students– Total international students in degree programs:

c. 30,000 – Estimated foreign graduates: c. 4,700– Number of foreign graduates employed in

Taiwan annually: c. 550 (c. 12%)

Foreign Graduates by Sector (2011-2)

1. Wholesale and Retail: 264

2. Educational Services: 256

3. Healthcare and Social Services: 201Manufacturing: 190

4. Professional, Scientific, and Technical Services: 156

5. Telecommunication, Media, and Publishing: 105

6. Hotels and Restaurants: 19

7. Support Services: 14

8. Other Services: 13

9. Construction: 13

10. Financial Services: 10

11. Transportation and Logistics: 10

12. Agriculture: 8

13. Arts, Ent., and Leisure: 6

14. Water and Pollution Mitigation: 2

Setting up a Business in Taiwan (I)– Minimum Capital: NT$500,000– Minimum Revenue: NT$3 million (from Year

2)– Work permit: Manager– Foreign Investment Approval (FIA) required

Setting up a Business in Taiwan (II)– Cost: Accounting firm c. NT$50,000, law firm

NT$250,000, DIY c. NT$2,000 + time– Accounting firm better if you are in Taiwan.– Law firm better if you are a business investing in

Taiwan from overseas– DIY:

• Invest in Taiwan (MOEA) http://investtaiwan.nat.gov.tw/

• PWC’s Doing Business in Taiwan

Other Methods to get Work Permit

• Consultation Mechanism (會商制度 )

• Headstart Taiwan (創業拔萃方案 )

• Marriage

• Working Holiday

• Internships

Consultation Method (會商制度 )

• Employer applies to Ministry of Labor Work Force Development Agency for a case-by-case review (the consultation) with the agency responsible for employer’s industry

• Exceptions to minimum capital and experience requirements available

• Show your employer: http://bit.ly/1H5Sr22

Headstart Taiwan (創業拔萃方案 )

• Qualified startups have no minimum experience requirement and lower capitalization requirements.

• Qualifications:– Funding from venture capital– Listing on special board, or– Admitted to qualified incubator—note esp. the

Taipei Expo Park (國際創新創業園區 )

Finding a Job

• Job sites– http://www.104.com.tw/– http://www.1111.com.tw/– Craigslist– Forumosa.com, Taiwanease.com

– AmCham, ECCT, and your country’s equivalent, StartupDigest Taipei

– http://jobs.inside.com.tw/

Problems at work

• Report to Local Department of Labor– Ex. Taipei City Department of Labor (Taipei

North Wing and NorthEast Wing, 5F., No.1, City Hall Rd., Xinyi District, Taipei City 11008, Taiwan (R.O.C.))

– Common problems• No overtime pay• Illegal fines withheld from salary

• Discrimination

Residence

• Immigration Policy

• Alien Residence Certificate (ARC)

• Permanent Residence

• Citizenship

Immigration Policy

• 1950-2014: Unofficial policy against immigration

• Significant immigration 1990-2014:– 300,000 permanent immigrants from Southeast

Asia and China (marriage)– C. 600,000 migrant workers in Taiwan

• 2014: Taiwan adopts “Intelligent Immigration” as official policy

Residence

• ARC: – Work permit-> Residence Visa->Alien

Resident Certificate (ARC)

– Period 1-3 years (usually 1 year)– You apply to National Immigration Agency

(service centers in all cities and counties)– Contrast to work permit (employer applies to

Ministry of Labor, WDA)

Extensions of Residence

• Students can extend ARC for six months on graduation to look for job

• Professional employees (including language teachers) can also extend for six months when job ends

• Must apply before student/work ARC expires.

Permanent Residence (I)

• Five years of continuous lawful residence– Lawful residence = Having an ARC

• At least 183 days in Taiwan each year on ARC

• Five consecutive years (or 5 out of ten years if married to a Taiwanese citizen)

Permanent Residence (II)

• “Continuous residence”– Entering Taiwan on a landing visa, visa free, or

a visitor visa resets your permanent resident clock to 0.

– An overstay will also reset the clock ( plus a fine and an entry ban if overstay >90 days).

– You can travel overseas if you have an ARC

Permanent Residence (III)

• Requirements– 20 years old– Good character– Show ability to make a living

• Average salary in past year: NT38,546 (Jan. 1 2014) or

• NT$5 million in assets

Permanent Residence (IV)

• Advantages for foreign graduates– Unlimited period of residence if you stay in

Taiwan for 183 days each year

– No restrictions on scope of work– Employer exempt from minimum capital or

residence requirements

Permanent Residence (V)

• Getting easier– No. of permanent residents in 2010.7: 5,162– No. of permanent residents in 2015.2: 11,393

Becoming a Citizen (I)

• Requirements similar to permanent residence: residence 5 years and self-supporting

• Most people must renounce original nationality

• Men must do military service

Becoming a Citizen (II)

• Considerations– Many advantages: ID card, pensions, access to

credit, can own farmland, complete right to work, voting

– Taiwan’s political situation– Men must do military service– Problems traveling abroad

Help and More Information

• Local Department of Employment

• National Immigration Agency– http://iff.immigration.gov.tw/

Forward Taiwan

• https://www.facebook.com/forwardtaiwan

• http://www.forwardtaiwan.com/ (proposals)

• Summary of Forward Taiwan’s Complete List of Immigration Reform Proposals

Thank you for listening!

winklerpartners.com