高級中等以下實驗教育學校及機構聘僱外國人辦法

These Regulations have been formulated in accordance with the provisions of Paragraph 2 of Article 12 and Paragraph 1 of Article 23 of the Enforcement Act for School-based Experimental Education, Paragraph 2 of Article 17 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, Paragraph 4 of Article 8 of the Enforcement Act for Non-school-based Experimental Education at Senior High School Level or Below, and Paragraph 3 of Article 5 of the Act for the Recruitment and Employment of Foreign Professionals.

1Any elementary or secondary experimental education school or institution (hereunder abbreviated to “school or institution”) that employs a foreigner who is required to have obtained a work permit (hereunder referred to as a “foreign employee”) to engage in subject teaching, teaching a foreign language course, teacher training, curriculum development, or activity promotion, shall do so in accordance with the provisions of these Regulations. If the employer is a school, the provisions of the Regulations Governing Educational Institutions at All levels Applying for Work Permits for Foreign Teachers and Their Administration do not apply.

2The elementary and secondary experimental education schools referred to in the preceding paragraph include public and private schools providing school-based experimental education, and schools that private entities have commissioned to provide experimental education.

3The foreign employee referred to in Paragraph 1 does not include a foreigner who has obtained permanent residence and has a work permit issued by the Ministry of Labor in accordance with the provisions of Article 51 of the Employment Service Act.

1A foreign employee who teaches a foreign language course shall have a degree from a domestic or foreign university or independent college recognized by the central competent authority, and any language course that that person teaches shall be an official language of the country that issued their passport.

2A foreign employee who engages in subject teaching, teacher training, curriculum development, or activity promotion shall have related experience demonstrating substantive professional expertise.

1Before applying to employ a foreign employee, a school or an institution shall draw up an employment plan, based on its experimental education plan or business plan, that specifies the purpose of their employment, the number of foreigners to be employed, and the work they would engage in, and apply to the competent authority concerned for approval.

2A school or an institution that wants to employ a foreigner shall complete an application form and submit the following documents and information details listed below. A school or an institution under the jurisdiction of a special municipality or city (county) level competent authority shall submit its application to that special municipality or city (county) level competent authority which will 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. The documents to be submitted:

31.Two copies of the application form.

42.A photocopy of the foreigner’s passport.

53.Documentary evidence that the person has the academic credentials and experience to satisfy the provisions of Paragraphs 1 and 2 of the preceding article.

64.A photocopy of the employment contract for the foreign employee specifying the position title, period of employment, rights and obligations, and other related matters.

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1If the application referred to in the preceding article has been reviewed and approved by the central competent authority, a work permit will be issued.

2The maximum validity period for the work permit referred to in the preceding paragraph is three years. If there is a need to continue employing a person after this period expires, the school or institution shall submit two copies of the application form, a photocopy of the original work permit, and a photocopy of the person’s renewed employment contract within sixty days before the work permit expires and apply for a new work permit in accordance with the procedures stipulated in the preceding article.

3If a foreign employee employed by a school or an institution has been in Taiwan for a total of no more than 90 days in a single academic year, the school or institution is not required to submit the documents and information details stipulated in Subparagraphs 5 and 6 of Paragraph 2 of the preceding article are not required when it applies to the central competent authority for the work permit.

1If a foreign employee is engaged to work on a full-time basis at a public school teaching one or more subjects or foreign language courses, the directions that apply to full-time teachers at schools at the same education stage apply, mutatis mutandis, to the number of hours that the foreign employee works each week.

2If a foreign employee is engaged to work on a full-time basis at a private school or institution teaching one or more subjects or foreign language courses, the number of hours the foreign employee works each week shall be in accordance with the terms of their employment contract.

3If a foreign employee is engaged to undertake the work referred to in either of the preceding two paragraphs on a part-time basis, the number of hours the foreign employee works each week shall be in accordance with the terms of their employment contract.

4If a foreign employee is engaged to undertake teacher training, curriculum development, or activity promotion, the number of hours the foreign employee works each week shall be n accordance with the terms of their employment contract.

5The foreign employee referred to in Paragraph 3 who is employed on a part-time basis is limited to being jointly employed by two or more schools and/or institutions.

1A school or an institution may employ a foreigner to teach subjects or foreign language courses. The maximum number of foreign employees that it may employ shall be calculated by multiplying the total number of classes approved by the competent authority concerned by the number of class periods specified in the experimental education plan or business plan for each class each week for each related subject or foreign language course, and then dividing the resulting product by sixteen class periods. The resulting number is the maximum number of foreigners that may be employed. If the resulting number is less than one, it is counted as one person.

2If the foreign employees referred to in the preceding paragraph who teach academic subjects or foreign language courses are employed on a part-time basis, every three such persons is counted as being the equivalent of one full-time employee.

3If two or more schools or 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.

A foreign employee of a school or an institution who engages in teacher training, curriculum development, or activity promotion is not permitted to teach any subject or foreign language course. The number of such foreign employees the school or institution employs shall be in accordance with the employment plan referred to in Paragraph 1 of Article 4, and the number of hours they work shall be arranged in accordance with their employment contract as stipulated in Paragraph 4 of Article 6.

1If a foreign employee needs to transfer to work at another school or institution, or needs to be employed by two or more schools or institutions or to be employed concurrently by two or more schools or institutions during the validity period of their work permit, each school or institution planning to employ that person shall apply for approval in accordance with the provisions of Article 4. When the application is for a transfer for employment by a different school or institution, the school or institution planning to employ that person shall submit documentary evidence that the foreign employee has left their former employment. When the application is for concurrent employment by two or more schools or institutions, each school or institution planning to employ the person shall submit documentary evidence that the school or institution where the person is currently working has given agreement.

2If the foreign employee referred to in the preceding paragraph transfers to another employer that is not a school or an institution during the validity period of their work permit, 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 revoke their work permit.

1Under any of the following circumstances, if a school or an institution is applying to employ a foreigner the central competent authority will not issue a work permit; if a work permit has already been issued, the central competent authority will annul or cancel it:

21.The required documents and information details stipulated in Article 4 have not all been submitted, or the number of people to be employed or their working hours will be in violation of the provisions of Articles 6 to 8, and after being notified about any such shortcomings, the school or institution has not provided the additional material and/or made any necessary rectifications within a specified period.

32.False or invalid information material has been provided.

43.The foreign employee does not have the qualifications referred to in Article 3.

54.The employment contract has been terminated or cancelled.

A school shall handle the management and matters pertaining to the rights and obligations of any foreign employees who is a full-time qualified teacher within the staffing complement of the school in accordance with the provisions of the Teachers’ Act and other pertinent ordinances. The school shall handle matters pertaining to any other foreign employee in accordance with their employment contract, unless the provisions of these Regulations or other ordinances apply.

If a foreign employee to whom the provisions of the Teachers’ Act apply is involved in any of the circumstances which the Teachers’ Act cites as grounds for dismissal, non-renewal of their appointment, suspension of their appointment, or severance with pay, the school shall dismiss that person, not renew their appointment, suspend their appointment, or sever their employment with pay in accordance with the provisions of that Act.

1If a school has any foreign employee to whom the preceding article does not apply, if such a person has been involved in any of the circumstances referred to in Article 29 of the Gender Equity Education Act applies, the school is not permitted to employ that foreigner; if the school has already employed such a person, it shall terminate or cancel their employment contract.

2If an institution employs foreigners, it is not permitted to employ any person who is involved in any one of the circumstances listed below; if the institution has already employed such a person, it shall terminate or cancel their employment contract:

31.The person has been found guilty of committing a sexual assault crime referred to in Subparagraph 1 of Article 2 of the Sexual Assault Crime Prevention Act and convicted with no further right of appeal.

42.The competent authority concerned has investigated and confirmed that the person has committed a sexual assault.

53.The competent authority concerned has concerned have investigated and confirmed that the person has committed sexual harassment, sexual bullying, or engaged in conduct related to sex or gender that violates professional ethical standards, 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.

64.The competent authority concerned has investigated and confirmed that the person has committed sexual harassment, sexual bullying, or engaged in conduct related to sex or gender that violates professional ethical standards, and that it is necessary for that person’s contract to be terminated and has formally decided to impose a control period of from one and four years during which time employment of that person to undertake teaching or education related work is not permitted.

1If 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, the competent entry and exit administrative authority, and the police in accordance with regulations, the school or institution shall also send a copy of the notification to the central competent authority.

2The notification referred to in the preceding paragraph shall include the foreign employee’s name, gender, age, nationality, date of entry into Taiwan, the employment period or the number of their work permit, and a photocopy of their Alien Resident Certificate.

3If the formerly employed foreigner has not departed from Taiwan, the police shall report the matter to the National Police Agency of the Ministry of the Interior and strengthen its investigation and enforcement efforts.

When the central competent authority issues, annuls, or cancels a foreign employee’s work permit, it shall notify the Ministry of Foreign Affairs, the Ministry of Labor, the Ministry of the Interior, and the special municipality or city (county) competent authority where the school or institution where the person will or did work is located.

1Before the work permit of a foreign employee expires, the school or institution shall assist that person to undertake the associated procedures and facilitate their departure from Taiwan. This requirement does not apply, however, if another school or institution is willing to employ this foreigner from immediately after their current work permit expires and before the foreign employee’s current work permit expires, that other school or institution submits documentary evidence that the school or institution where the person has been working has given agreement for the person to leave when their work permit expires, and it obtains approval in accordance with these Regulations.

2If any of the following circumstances apply to a foreign employee and the central competent authority has ordered that person to depart from Taiwan, before the deadline for their departure stipulated in the order, the school or institution shall assist the person to complete the associated procedures and facilitate their departure from Taiwan. If, however, the competent entry and exit authority has ordered the person to depart from Taiwan within a set period in accordance with the law, the person is not permitted to stay beyond that departure date:

31.Their work permit has been annulled or cancelled.

42.Renewal of their work permit has not been applied for in accordance with regulations or such an application was not given approval.

5Within 30 days after any foreign employee referred to in the two preceding paragraphs has departed from Taiwan, the school or institution shall submit a name list of all such former foreign employees and documentary evidence that each person has departed from Taiwan and notify the central competent authority.

1A foreign employee whose employment was approved before these Regulations came into effect in accordance with the provisions of the former pertinent ordinances may continue being employed in accordance with the original until their term of

2employment expires.

The provisions of these Regulations apply, mutatis mutandis, if a school or an institution employs a resident of Hong Kong or Macau to engage in the work referred to in the provisions of Paragraph 1 of Article 2 within the Taiwan Area.

These Regulations shall take effect on the date of promulgation.