Regulations Governing the Employment of Foreigners by Elementary and Secondary Level Experimental Education Schools and Institutions
Announced Date：2019-05-03
These Regulations have been formulated in accordance with the provisions of Article 12, Paragraph 2, and Article 23, Paragraph 1 of the Enforcement Act for School-Based Experimental Education; Article 17, Paragraph 2 of the Act Governing the Commissioning of the Operation of Public Schools at Senior High School Level or Below to the Private Sector for Experimental Education, and Article 8, Paragraph 4 of the Enforcement Act for Non-school-based Experimental Education at Senior High School Level or Below.
Article 2
Any elementary or secondary experimental education school or institution (hereunder
abbreviated to “school or institution”) that employs a foreigner who has a work permit (hereunder referred to as a “foreign employee”) to engage in teaching a subject or foreign language course, teacher training, course research and development, and/or activity promotion work shall do so in accordance with the provisions of these Regulations; the Regulations Governing Educational Institutions at All Levels Applying for Work Permits for Foreign Teachers and their Administration do not apply to a school at which they work.
The experimental education schools at elementary or secondary level referred to in the previous paragraph include public and private schools providing school-based experimental education and schools providing experimental education that private
The foreign employees referred to in Paragraph 1 do not include foreigners who have acquired permanent residence and have a work permit issued by the Ministry of Labor in accordance with the provisions of Article 51 of the Employment Service Act.
Article 3
A foreign employee who teaches a foreign language course shall have a degree recognized by the central competent authority from a domestic or foreign university or independent tertiary college, and any language course that that person teaches shall be an official language of the nation that issued their passport.
A foreign employee who engages in teaching a subject, teacher training, course research and development, and/or activity promotion work shall have related expertise, knowledge and practical experience.
Article 4
Before applying to employ any foreigners, a school or institution shall draw up an employment plan specifying the purpose of the employment, the number of people, and the work they would engage in based on its experimental education plan or business plan and apply to its competent authority for it to be approved.
A school or institution that wants to employ a foreigner shall fill out an application form and submit the documents and materials listed below. A school or institution under the jurisdiction of a special municipality or city (county) level competent authority shall apply to that special municipality or city (county) level competent authority which will check it and forward it to the central competent authority for approval. A school under the jurisdiction of the central competent authority shall apply directly to the central competent authority for approval. Documents and materials to be submitted with applications:
1. Two copies of the application form
2. A photocopy of the foreigner’s passport
3. Documentary evidence that the person has the academic credentials and experience to satisfy the provisions of Paragraph 1 and 2 of the preceding article
4. A photocopy of the employment contract for the foreign employee containing the position title, period of employment, rights and obligations, and other related matters.
5. An experimental education plan that has been approved or a business plan that has passed a follow-up review
6. An employment plan that has been approved
7. A police criminal record certificate issued within the last three months
8. Documentary evidence that the school or institution is registered
9. Any other documentation designated by the central competent authority
Article 5
After the application referred to in the preceding article has been reviewed and approved by the central competent authority, an employment permit shall be issued.
The maximum validity period for the permit referred to in the preceding paragraph is three years. If there is a need to continue employing a person after this period expires, within 60 days before the permit expires, the school or institution shall submit two copies of the application form, a photocopy of the original employment permit, and a photocopy of the person’s renewed employment contract and apply for a new employment permit in accordance with the procedures stipulated in the preceding article.
If a foreign employee employed by a school or institution has been in Taiwan for a total of 90 days or fewer in a single school year, the school or institution does not need to submit the documents and materials specified in Paragraph 2, Subparagraphs 5 and 6 of the preceding article when it applies to the central competent authority for the employment permit.
Article 6
If a foreign employee works full-time at a public school teaching a subject or foreign language course, the regulations governing full-time teachers at schools at the same education stage apply mutatis mutandis to the number of hours the foreign employee works each week.
If a foreign employee works full-time at a private school or institution teaching a subject or foreign language course, the number of hours the foreign employee works each week shall be in accordance with the terms of their employment contract.
If a foreign employee works part time engaging in work referred to in the preceding two paragraphs, the number of hours the foreign employee works each week shall be in accordance with the terms of their associated employment contract or contracts.
If a foreign employee engages in teacher training, course research and development, and/or activity promotion work, the number of hours the foreign employee works each week shall be in accordance with the terms of their employment contract.
The foreigners employed to work on a part time basis referred to in Paragraph 3 are limited to being jointly employed by two or more schools and/or institutions.
Article 7
The maximum number of foreigners that a school or institution may employ to teach subjects or foreign language courses shall be calculated by multiplying the total number of classes which has been given approval by its competent authority, by the number of sessions that are allocated in the experimental education plan or business plan for each such subject or foreign language course each week, then dividing the resulting product by 16 (the number of sessions). The resulting number is the maximum number of foreigners that may be employed. If the resulting number is less than one, it shall be counted as one person.
If the foreigners referred to in the preceding paragraph who teach subjects or foreign language courses are employed part time, every three such persons shall be counted as equivalent to one full-time employee.
If two or more schools and institutions jointly employ the foreigners referred to in the preceding paragraph, the total number of classes that they teach and the number of hours that they work each week may be counted in aggregate.
Article 8
Any foreigner employed by a school or institution to engage in teacher training, course research and development, and/or activity promotion work is not permitted to engage in teaching any subject or foreign language course. The number of such people employed shall be handled in accordance with the employment plan referred to in Article 4, Paragraph 1; the number of hours they work shall be arranged in accordance with the employment contracts referred to in Article 6, Paragraph 4.
Article 9
If, during the validity period of their employment permit, a foreign employee needs to transfer to another school or institution, or needs to be employed by two or more schools or institutions, the school(s) or institution(s) planning to employ that person shall apply for a permit in accordance with the provisions of Article 4. When applying to transfer to employment by a different school or institution, the school(s) or institution(s) planning to employ that person shall attach documentary evidence that the foreign employee has left their former employment. If two or more schools and/or institutions are applying to employ the foreign person, the school(s) and/or institution(s) planning to employ the person shall attach documentary evidence that the school or institution where the person formerly worked has given agreement.
If, during the validity period of their employment permit, the foreign employee referred to in the preceding paragraph transfers to another employer that is not a school or institution, within seven days from the date that the transfer occurs the school or institution where they formerly worked shall notify the central competent authority to annul their former employment permit.
Article 10
If a school or institution applies to employ a foreigner and any one of the following circumstances occurs, the central competent authority will not issue an employment permit; if an employment permit has already been issued, it shall be revoked or annulled:
1. The documents and materials specified in Article 4 have not all been submitted, or the details of the number of people to be employed or their working hours are in violation of the provisions of Articles 6 to 8, and after being notified about this, a school or institution has not provided additional material and/or made any necessary rectifications within a specified period.
2. False or invalid information has been provided.
3. The foreign employee does not have the qualifications specified in Article 3.
4. The employment contract has been terminated or canceled.
Article 11
The management of foreign employees who are working as full-time qualified teachers within the staffing complement of a school and matters pertaining to their rights and obligations shall be handled in accordance with the provisions of the Teachers’ Act and other related ordinances; for other foreign employees these matters shall be handled in accordance with their employment contract, unless stipulated otherwise in the provisions of these Regulations or other ordinances.
Article 12
If a foreign employee who is subject to the provisions of the Teachers’ Act is involved in any of the circumstances specified in the subparagraphs of Article 14, Paragraph 1 of the Teachers’ Act, the school shall dismiss or suspend that person, or not renew their employment contract.
Article 13
If a school employs foreign employees to whom the preceding article does not apply, if such a person has been involved in any circumstances specified in Article 27–1 of the Gender Equity Education Act, the school is not permitted to employ that person; if the person is already employed, the school shall terminated or cancel their employment contract.
If an institution employs foreign employees, if such a person is involved in any one of the circumstances listed below, the institution is not permitted to employ that person; if the person is already employed, the institution shall terminate or cancel their employment contract:
- The person has been found guilty of a sexual assault crime specified in Article 2, Paragraph 1 of the Sexual Assault Crime Prevention Act, and convicted with no further right of appeal.
3. The competent authority has investigated and confirmed that the person has committed sexual harassment or sexual bullying, and that it is necessary for that person’s contract to be terminated and for that person to never again be permitted to be employed to undertake teaching or education related work.
4. The competent authority has investigated and confirmed that the person has committed sexual harassment or sexual bullying, and that it is necessary for that person’s contract to be terminated; and a period of between one to four years has been formally decided on, during which time employing that person to undertake teaching or education related work is not permitted.
The schools and institutions shall include each of the preceding two paragraphs in their employment contracts so that their foreign employees will be fully informed about these details and in accordance with the provisions of the Personal Data Protection Act, each school, institution, and associated agencies shall obtain a document from each foreigner being employed giving written consent to collect, process, or utilize that foreigner’s personal data, and a declaration by each employee that they have never been involved in any of the circumstances referred to in the preceding paragraphs.
Article 14
If any of the circumstances specified in Article 56 of the Employment Service Act pertain to a foreign employee, in addition to notifying the local competent labor authority, entry and exit control agency, and police agency in accordance with regulations, the school or institution shall also send a copy of the notification to the central competent authority.
The notification referred to in the previous paragraph shall include the name of the foreign employee, their gender, age, nationality, date of entry into the Republic of China (abbreviated below to “the R.O.C.”), the duration of the work or the number of their employment permit, and a photocopy of their Alien Resident Certificate.
If that formerly employed foreigner has not left the ROC, the police agency shall give a report to the National Police Agency of the Ministry of the Interior and strengthen its efforts to find the person.
Article 15
When the central competent authority issues, revokes, or annuls the employment permit of a foreign employee, it shall notify the Ministry of Foreign Affairs, the Ministry of Labor, the Ministry of the Interior, and the special municipality or city (county) level competent authority where the school or institution where the person will or did work is located.
Article 16
Before the work permit of any foreign employee expires, the school or institution shall assist the person to undertake necessary procedures and facilitate their departure from the ROC. However, if some other school or institution is willing to give such an employee a new employment contract immediately after their work permit expires and, if before their current work permit expires, that school or institution attaches documentary evidence that the school or institution where the person formerly worked gave agreement for the person to leave their former employment and obtains a new work permit in accordance with these Regulations, the school or institution is not subject to this requirement.
If any of the following circumstances pertains to a foreign employee, and the central competent authority has ordered that person to leave the country, before the latest departure date stipulated in the order, the school or institution shall assist that foreign employee to undertake procedures and facilitate their leaving the country. However, if the competent entry and exit authority orders the employee to leave the country within a set period in accordance with the law, the person is not permitted to stay beyond that departure date:
1. Their employment permit has been revoked or annulled.
2. A renewal of their employment permit was not applied for in accordance with the regulations, or such an application was not given approval.
Within 30 days after a foreign employee referred to in the preceding two paragraphs has left the country, the school or institution shall submit a name list of all such former employees and documentary evidence that each person has left the country to notify the central competent authority.
Article 17
Any foreign employee whose employment was applied for and approved in accordance with relevant ordinances before these Regulations came into effect may continue being employed in accordance with the provisions of the former ordinances until their term of employment expires.
Article 18
A school or institution that employs Hong Kong or Macao residents to engage in the Taiwan Area in work referred to in the provisions of Article 2, Paragraph 1 shall apply, mutatis mutandis, the provisions of these Regulations.
Article 19
These Regulations shall take effect on the date of promulgation.
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