萬國法律事務所

Taiwan's Ministry of Labor (MOL) announced a new definition of "multi-national companies" as stipulated at Article 5(3) of the Qualifications and Criteria Standards for foreign nationals undertaking the jobs listed under Article 46.1.1 to 46.1.6 of the Employment Services Act (the Act). The new definition is effective immediately as of July 2, 2018.

Article 5 of the Act stipulates that in order to be employed in Taiwan, foreign specialized or technical workers must possess at least one of the following qualifications:

(1) Hold certificates or operation qualifications through the procedures specified in the Examinations for Specific Professions and Technician Guidelines.

(2) Hold a Master’s degree or above from universities in Taiwan or abroad, or have a Bachelor’s degree with more than two years working experience in the specific field.

(3) Be employed in multi-national company in Taiwan for more than one year.

(4) Have more than five years of related experience and have demonstrated outstanding performance as a specialists who has been trained professionally or is self-taught in the specific field.

The MOL announced an administrative instruction redefining “multi-national companies” as used in Paragraph 3 of said Article. “Multi-national companies” are economic entities that (1) have a branch office or subsidiary company in more than two countries and are effectively controlled by the head office or parent company; and (2) convene production or management activities across countries; and (3) whose head office or parent company is established abroad and have a branch office or subsidiary company in Taiwan, or whose head office or parent company is established in Taiwan; and (4) reach a specific economic scale.

This new policy is expected to allow more foreign skilled workers entry into the Taiwan labor market.