16 October, 2018
According to Article 5 of the “Qualifications and Criteria for Foreigners Undertaking the Jobs Specified in Article 46.1.1 to 46.1.6 of the Employment Service Act”, a foreign employee that has been employed by a multi-national company for more than one year and is assigned to work in Taiwan may apply for work permit with the Taiwan competent authority.
The MOL, by a letter dated July 2, 2018, broadens the definition of multi-national company to be any organization that has established subsidiaries or branches in two or more countries where the parent company or headquarter effectively controls and make coordinated decisions to engage in cross border production or business operations, and that the parent company or headquarter is located in a foreign country, Hong Kong or Macau with a subsidiary or branch located in Taiwan, or the parent company or the headquarter is located in Taiwan and one of the following requirements is met:
(1) the worldwide assets of the organization excwitheeds US$2 billion in the year preceeding to the application;
(2) a letter has been issued by the Industrial Development Bureau of the Ministry of Economic Affairs to certify the scope ofoperation by the headquarter;
(3) there are more than 100 domestic employees, of which more than 50 have college or higher degree;
(4) the net domestic annual operating income exceeds NT$1 billion;
(5) the net regional annual income exceeds NT$1.5 billion; or
(6) specifically approved by the central competent authority after consulting with the industry competent authority at the central government level.
For further information, please contact:
C. Y. Huang, Partner, Tsar & Tsai Law Firm
CYHuang@TsarTsai.com.tw
