Foreign worker — construction

Those who hire foreign workers to engage in construction projects;

Employers shall apply to the Central Competent Authority for a permit to recruit foreign worker(s) to work in the Republic of China, unless otherwise provided for in the Act or the Regulations.

(Ⅰ)Employers intending to hire foreign workers for work categories listed in Subparagraphs 8 to 11 of Paragraph 1 of Article 46 must first attempt domestic recruitment with reasonable labor terms. The application for a permit to recruit foreign personnel is permissible only if sufficient domestic employees cannot be acquired to meet business needs. In the process of recruiting foreign workers under these conditions, employers are required to: notify the labor union or the workers of the business entity about the full details of such recruitment; announce publicly the recruitment information in the workplace where the foreign workers will be employed.

Foreign workers employed to undertake work stipulated in the Standards must not have engaged in any of the following behavior:

8. When an individual is under 16 years old.

For foreign workers hired to engage in construction work detailed in Subparagraph 3, Article 5, where the employer undertakes a public construction project, enters into a construction contract as the winning bidder with a government authority (agency), independent administrative institution or state-run enterprise awarding the contract and conforms to one of the following conditions, an application can be made for an initial recruitment permit to employ foreign workers: 1. The total value of the construction contract is NT$100 million and above and the duration of the project is 18 months or longer.

(Ⅰ)Employers intending to hire foreign workers for work categories listed in Subparagraphs 8 to 11 of Paragraph 1 of Article 46 must first attempt domestic recruitment with reasonable labor terms. The application for a permit to recruit foreign personnel is permissible only if sufficient domestic employees cannot be acquired to meet business needs. In the process of recruiting foreign workers under these conditions, employers are required to: notify the labor union or the workers of the business entity about the full details of such recruitment; announce publicly the recruitment information in the workplace where the foreign workers will be employed.

Foreign workers employed to undertake work stipulated in the Standards must not have engaged in any of the following behavior:

8. When an individual is under 16 years old.

For foreign workers hired to engage in construction work detailed in Subparagraph 3, Article 5, where the employer undertakes a public construction project, enters into a construction contract as the winning bidder with a government authority (agency), independent administrative institution or state-run enterprise awarding the contract and conforms to one of the following conditions, an application can be made for an initial recruitment permit to employ foreign workers: 1. The total value of the construction contract is NT$100 million and above and the duration of the project is 18 months or longer.

Article 26 When an employer receives approval from the Central Competent Authority to re-recruit type B foreign workers, he/she must not bring in or employ type B foreign workers before the original type B foreign workers leaves the Republic of China, other than where the following conditions pertain: 1. When an employer agrees to a foreign worker transferring employer or work and the new employer undertakes continued employment of said worker, during the period for which the employment permit is valid.

4. When the period for which the foreign worker’s employment permit is valid ends and a new employer receives permission for continued employment (hereinafter contract completion transfer) in accordance with the Employer and Work Transfer Procedures (hereinafter Employer Transfer Rules) for foreign workers engaged in work listed in Subparagraph 8 to 10, Paragraph 1, Article 46, of the Employment Service Act.

(Ⅱ)For work types in Subparagraphs 8 to 10 of Paragraph 1 of Article 46, permits shall also not exceed three years. In case of major and special circumstances, as defined by the Executive Yuan, further extensions may be granted, not exceeding six months for major construction projects.

(Ⅳ)A foreign worker who has complied with laws and regulations and has left the Republic of China upon employment termination or permit expiration or having failed health examinations but has since passed those examinations upon receiving medical attention in their home countries, may re-enter to work. Foreign workers in job categories under Subparagraphs 8 to 10 of Article 46 are limited to a total of 12 years of work in the Republic of China and are subject to the provisions of Subparagraph 2 of Paragraph 1 of Article 51.

To optimize workforce deployment and retain outstanding technical talent, the Ministry has promulgated the "Regulations Governing the Qualifications and Working Permits of Foreign Technical Workers," which will take effect on January 1, 2026. Applicable to industries currently employing migrant workers—including manufacturing, slaughtering, construction, agriculture, and long-term care—employers may apply to transition senior migrant workers who have worked in Taiwan for 6 years or more, or overseas Chinese and foreign students who have obtained an associate degree or higher in Taiwan, into foreign technical workers, provided they meet the required salary and technical skill qualifications. Foreign technical workers face no limit on their duration of stay in Taiwan, enjoy higher wages, refine their technical skills, and are exempt from paying employment stability fees. Furthermore, after working for an additional 5 years, they become eligible to transition into the permanent residence system.