台湾计划通过移工留才久用方案
为因应台湾中阶技术人力缺工逐年扩大，且产业一再反映优秀资深移工受限就业服务法工作年限限制，加上邻近国家争相延揽并留用优秀技术人力，台湾劳动部门与相关部会多次协商，留用薪资与技术条件符合规定，且在台湾工作6年以上移工或副学士学位以上侨外生，并初步限定以海洋渔捞、制造业、营造业、农业及看护工等缺工产业从事工作，未来亦将视经济发展需求滚动检讨开放业别。
未来在台湾工作满6年以上的移工，及取得台湾副学士学位的侨外生符合薪资与技术条件者，均可由雇主申请在台从事中阶技术工作，并且无工作年限的限制。该项法案可望今年4月底前正式上路，相关信息如下：
一、 适用对象
1、
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在台工作达6年以上移工
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2、
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已取得台湾高等教育副学士学位以上之侨外生
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二、 开放工作类别
1、
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产业类：制造业工作、营造业工作、外展农务工作、农业工作(限兰花、蕈菇、蔬菜)、海洋渔捞工作; |
2、
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看护工作：机构看护工作、家庭看护工作。
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三、 雇主资格
同现行聘雇移工之雇主资格条件
四、 外国人资格
1、
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产业类或其他指定工作：每月经常性薪资达新台币(以下同)3.3万元以上(侨外生初次聘雇3万元以上，续聘回归达3.3万元以上)，或年总薪资达50万元以上。且符合劳动部门所提专业证照、或训练课程或实作认定等资格条件之一。但经常性薪资达3.5万元以上，免技术条件。
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2、
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看护工作：机构看护每月经常性薪资达2.9万元以上；家庭看护每月总薪资达2.4万元以上，且应同时符合台湾语言测验及相关教育训练课程资格条件。 |
需特别注意名额的部份，产业类个别雇主申请中阶人力名额，不超过移工核配比率25%，且移工、中阶人力及专业外国人合计不超过总员工50％。资深移工或侨外生转为外国中阶技术人力后，在台工作无工作年限之限制，且连续工作5年且符合资格者得申请永久居留
资料来源：台湾劳动部门
China Revises Administration of Foreign Invested Telecommunications Enterprises
Recently, the State Council of the PRC released a decree to announce the decision to revise 14 and abolish 6 sets of regulations. The Administration of Foreign Invested Telecommunications Enterprises has been revised accordingly, which will take effect on 1 May 2022. The key changes of the new Administration of Foreign Invested Telecommunications Enterprises are as follows:
- Requirements on foreign investors’ telecommunications operation performance and experience are deleted.
The biggest highlight of the revision this time is the deletion of the requirement on major foreign investors’ good operation performance and experience of basic and value added telecommunications services. However, for basic telecommunications services, the requirement that the major foreign investors should have the basic telecommunications services permit in the registered country or region is still retained.
According to the revision, if the foreign investor is only a capital contributor with no performance and experience in operating value added telecommunications services, it is also allowed to set up a foreign invested telecommunications enterprise and apply for the value added telecommunications services operating permit. If such amendment can finally be implemented, it will bring more room for foreign investors to invest in value added telecommunications services in China.
- Provisions on the ratio of foreign shareholding are revised.
Since China has gradually relaxed and cancelled some restrictions on the ratio of foreign shareholding in practice, for example, the proportion of foreign investment in operating e-commerce can be 100%, the revision adds an exception provision of "except otherwise stipulated by the State" to the original Article 6, which stipulates that the ultimate proportion of foreign investment shall not exceed 49% for basic telecommunications services and the ultimate proportion of foreign investment shall not exceed 50% for value added telecommunications services, in order to be consistent with the current relaxed or cancelled restrictions on the ratio of foreign shareholding.
- Approving procedures are revised.
The approving procedures regarding the original Examination Decision of Foreign Investment in the Telecommunications and Certificate of Approval for Establishment of Enterprises with Foreign Investment are all deleted in the new version, which confirms and implements the reform of "separating permits from business licenses" from the legislative level, simplifies and shortens the application procedures for foreign invested telecommunications business. Foreign investors can apply for the company registration first and then apply for the telecommunications services operating permit upon receipt of the business license.
KAIZEN Group is equipped with experienced and highly qualified professional consultants and is therefore well positioned to provide professional advices and services in respect of the formation and registration of company, application for various business licences and permits, company compliance, tax planning, audit and accounting in China. Please call and talk to our professional consultants for details.
China Revises Administration of Foreign Invested Telecommunications Enterprises
Recently, the State Council of the PRC released a decree to announce the decision to revise 14 and abolish 6 sets of regulations. The Administration of Foreign Invested Telecommunications Enterprises has been revised accordingly, which will take effect on 1 May 2022. The key changes of the new Administration of Foreign Invested Telecommunications Enterprises are as follows:
- Requirements on foreign investors’ telecommunications operation performance and experience are deleted.
The biggest highlight of the revision this time is the deletion of the requirement on major foreign investors’ good operation performance and experience of basic and value added telecommunications services. However, for basic telecommunications services, the requirement that the major foreign investors should have the basic telecommunications services permit in the registered country or region is still retained.
According to the revision, if the foreign investor is only a capital contributor with no performance and experience in operating value added telecommunications services, it is also allowed to set up a foreign invested telecommunications enterprise and apply for the value added telecommunications services operating permit. If such amendment can finally be implemented, it will bring more room for foreign investors to invest in value added telecommunications services in China.
- Provisions on the ratio of foreign shareholding are revised.
Since China has gradually relaxed and cancelled some restrictions on the ratio of foreign shareholding in practice, for example, the proportion of foreign investment in operating e-commerce can be 100%, the revision adds an exception provision of "except otherwise stipulated by the State" to the original Article 6, which stipulates that the ultimate proportion of foreign investment shall not exceed 49% for basic telecommunications services and the ultimate proportion of foreign investment shall not exceed 50% for value added telecommunications services, in order to be consistent with the current relaxed or cancelled restrictions on the ratio of foreign shareholding.
- Approving procedures are revised.
The approving procedures regarding the original Examination Decision of Foreign Investment in the Telecommunications and Certificate of Approval for Establishment of Enterprises with Foreign Investment are all deleted in the new version, which confirms and implements the reform of "separating permits from business licenses" from the legislative level, simplifies and shortens the application procedures for foreign invested telecommunications business. Foreign investors can apply for the company registration first and then apply for the telecommunications services operating permit upon receipt of the business license.
KAIZEN Group is equipped with experienced and highly qualified professional consultants and is therefore well positioned to provide professional advices and services in respect of the formation and registration of company, application for various business licences and permits, company compliance, tax planning, audit and accounting in China. Please call and talk to our professional consultants for details.
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