REGUALTIONS FOR FOREIGN STUDENTS

WORKING IN TAIWAN

Foreign students, while studying in Taiwan, need to follow “Regulations for Hiring and Obtaining Permission To Hire Foreign Students in Taiwan

” if having a job. The articles are as following:

Article 1

These Regulations for Hiring and Obtaining Permission To Hire Foreign Students in Taiwan (hereinafter referred to as “Regulations”)

were established in accordance with Article 47, Item 1 of the Employment Service Law.

Article 2

Within the scope of these regulations, the term “foreign students in Taiwan” (hereinafter referred to as “foreign students”) indicates individuals

 recognized as foreign students by the Ministry of Education (MOE) that are studying at public or registered private post-secondary schools

or affiliated language schools.

Article 3

The character of the work performed within Taiwan by foreign students is to be limited to students’ majors or languages and is not to adversely

 impact the work/educational opportunities of native Taiwanese students.

Article 4

Applications for employment will only be considered two semesters (for post-secondary schools) or one year (for language schools) after official

 commencement of a student’s studies in Taiwan. Furthermore, foreign students must have excellent grades and meet at least one of the following

 conditions (as determined by their schools)—

1.  They must present concrete proof that they lack the finances necessary to continue their studies and pay their living expenses due to serious

 misfortune beyond their control.

2.  The school in which they study requires the help of foreign students in research work it is carrying out.

3.  Their course of study requires that they take part in off-campus practical training.

4.  The particular work they perform has the effect of increasing the level of specialized knowledge in Taiwan. MOE-approved foreign students with

 special language skills are not subject to the aforementioned restrictions and will be permitted, after commencing their studies, to work part time as

 foreign language instructors at post-secondary school affiliated language centers or language centers affiliated to foreign culture and education

 institutes in Taiwan.

Article 5

Employers are to bring the following documents to the MOE for approval one month before hiring foreign students—

1. The MOE Foreign Student Work Application Form.

2. Transcripts for the previous two semesters or one full year of language studies. Students meeting the requirements of Article 4, Item 2 are not

     required to submit transcripts.

3. Documents verifying the validity of Article 4, Item 1 (all clauses) or certificate of language specialty.

Employers are not permitted to hire, whether on a trail basis or not, foreign students until approval is received.

Article 6

When approving employment for foreign students, the MOE is to notify the Executive Yuan’s Council of Labor Affairs, the foreign student

 applicants, and students’ school. Each student is permitted to receive one approval for employment at any one time. Approval for employment is

 valid for a maximum of one year from the date of approval. In the event that the employer needs to continue employing the student, the employer is

 to submit documentation to the MOE one month before the current term of employment approval expires. This must include certification by the

 student’s school or language center verifying that the work does not adversely impact the student’s studies. Extensions to employment are to be

 limited to a maximum of one year.

Article 7

With the exceptions of winter and summer vacations, a foreign student approved for employment is not to work in excess of 12 hours per week. In

 the event that the student graduates, discontinues his studies, or take a leave of absence, the documentation approving his employment is to be

 returned to the student’s school which is to ask the MOE to revoke the student’s approval for employment.

Article 8

In the event that the MOE receives and confirms the veracity of a statement, signed by a student’s employer or other entity, of any one of the

 following situations, the MOE is to cancel the student’s approval for employment in accordance with Article 54 of these Regulations—

1. Contact is lost with the student after he misses work three days consecutively.

2. The student works for an employer other than the one for which he is approved.

3. The student performs work other than that for which he is approved.

4. The employer/employee relationship is terminated.

5. The student violates any other relevant regulations.

Article 9

Schools are to counsel their foreign students in regards to work regulations. In addition to sending letters to the MOE notifying it when a student

 graduates, discontinues his studies, or takes a leave of absence, schools are also to send written reports to the MOE in the event that, during their

 studies, students become involved in any major regulation violations or their grades become unacceptably low. In accordance with Article 54 of

 these Regulations, the student’s approval for employment is to be canceled in part or completely.

Article 10

In the event that a foreign student’s approval for employment is canceled as a result of the student’s own fault, then the student will not be permitted

 to reapply for approval for employment.

Article 11

Any employer of foreign students that commits any one of the following violations is to be dealt with in accordance with these Regulations—

1.  Employing foreign students that have not been approved for employment or foreign students the employment approval of which is no longer valid.

2.  Hiring foreign students and having them work for someone else.

3.  Employing foreign students not approved for employment or approved to work for another employer.

4.  Assigning foreign students to perform work they are not approved to perform.

Article 12

These regulations are effective from the date of promulgation.

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