I. Currently, only foreigners who engage in the specialized or technical jobs specified under Article 46.1.1 of the Employment Services Act are required to have at least two years of relevant work experience and a bachelor degree (foreigners with a master degree are exempted from work experience requirements). As for those who engaged in jobs specified under Articles 46.1.2 to 46.1.6, work experience is not required.
II. To cope with the needs of businesses, a foreigner with a bachelor degree who is hired to perform specialized technical jobs as specified under Article 46.1.1 of the Employment Services Act in the Republic of China may be exempted from the work experience requirement if the employer meets one of the following requirements:
1. The employer has a Letter of Certification for Business Scope of Headquarters or a Letter of Approval for Domestic and Foreign Enterprises to Establish R&D Centers in R.O.C. ,or a certificate of IPO award with one year validity starting from the date after the receipt of an award issued by the Ministry of Economic Affairs, or works for one of the 11 technical services enterprises listed in Table 10 under Article 5.1 of the Regulations for Encouraging Manufacturing Enterprises and Technical Service Enterprises in Newly Emerging, Important, and Strategic Industries.
2. The business is located in a science park and the foreigner to be hired will provide designs needed to produce goods or labor, improve industry technology or research development, perform management tasks and related studies, or promote business and conduct market surveys in other foreign regions that use special languages.
3. Business entities that comply with the definition of "startup with innovation capability".
III. In order to retain outstanding foreign students at Taiwanese universities to work in the R.O.C. after graduation." The Ministry of Labor (MOL) officially announced new regulations for foreign students, overseas Chinese students and ethnic Chinese students graduating from domestic public or private accredited colleges or universities and accepted applications starting on July 1, 2014. Those foreign graduates applying for the employment permit will be assessed based on eight criteria, such as educational experience, salary, language proficiency and special talents etc. and who those score above 70 points will receive an employment permit from the MOL.
IV. Explanation of Consultation mechanism for foreigners holding a bachelor's degree or above and engaging in professional or specialized work wishing to apply for exemption in the 2-year work experience requirement.
1. Mechanism to launch a project consultation:
a. Qualified applicants: Employers who hire foreign professionals (the business must be registered and recognized by the government and is the legal person).
b. Consultation procedures: In the case where an employer wishes to hire foreign professionals and file for the application individually, he/she is required to submit applicable evidence. The employer is also expected to elaborate on why the skills of the foreign talent(s) are hard to acquire in Taiwan.
c. Conditions required to hold a consultation: Through the information given by the employers who applied for a project consultation, the employed foreigners hereby shall meet the required condition:
(1) The skills possessed by the foreign talent are underdeveloped or limited in the country.
(2) The skills possessed by the foreign talent are hard to acquire or nurture.
(3) For talents who possessed high levels of professional skills or unique skills.
The employed foreigner, holding a bachelor's degree without 2 years work experience after graduation, should fulfill the above criteria and intends to participate in specialized or technical jobs.
2.Consultation procedures:
a. Consultation procedures: The MOL will file the papers or call for a meeting by the relevant departments to hold the conference.
b. Agreement criteria: After a meeting or having gathered feedback from relevant departments, the MOL will evaluate if the foreign professional(s) meets the conditions as specified in #3 of the above-mentioned "Conditions required to hold a conference" for the purpose of assisting the business in recruiting international talents to undertake specialized or technical work and being exempted from the working experience requirement.
V. A foreigner who has obtained a master’s or higher degree from a domestic or foreign university, or who has obtained a bachelor’s or higher degree from one of the world’s top universities as announced by the Ministry of Education, need not have a specified period of work experience as a prerequisite for being employed in the State to engage in specialized or technical work as referred to in Article 46 Paragraph 1 Subparagraph 1 of the Employment Service Act, provider that they have obtained the requisite qualifications for engaging in such work, comply with the specified methods and conditions for engaging in such work, and comply with relevant laws and regulations prescribed by the central competent authority of the industry concerned.