White-collar Workers from Mainland China to be Allowed to Work in Taiwan on Condition

White-collar workers from Mainland China are going to be allowed to work in Taiwan on condition in the future.  Upon the entry into the WTO, Taiwan has given three undertakings to open the market for the dealings in the service industry, including that (1) Taiwan agrees to grant a 90-day stay to the workers of foreign enterprises of the WTO’s member countries when they carry out business visiting in Taiwan and come to Taiwan to perform contracts; (2) the length of stay granted to the foreign workers employed by contract by Taiwan-based enterprises is three years; (3) the length of stay granted to the in-house staff of multi-national enterprises who are assigned to work in Taiwan is three years, and upon expiration of the stay their contracts shall be renewed per year and the contracts can be renewed sine die.

Since the entry into the WTO, Taiwan has opened many service businesses.  The open for the market will consequentially arouse enterprises’ demand in the employment of staff.  Therefore, the draft of amendments to the Statute Governing Relations Between Peoples of the Taiwan Area and the Mainland Area was passed, which defines that the people of Mainland China are allowed to work in Taiwan.  Any enterprises which need to employ staff as a result of the open for service businesses as defined in international treaties or any multi-national enterprises or Taiwan-based enterprises which achieve the specific sale goals in the territory of Taiwan may employ the people from Mainland China upon the competent authority’s approval.  The amendments exclude the limitation provided for in Article 95 of the pre-amended Statute Governing Relations Between Peoples of the Taiwan Area and the Mainland Area that a resolution of the Legislative Yuan shall be required before the competent authority implements direct business transactions or direct sea or air transportation between the Taiwan Area and the Mainland Area, or permits the people of the Mainland China to enter the Taiwan Area to work.

Source: Economic Daily News 09/26/2002