Q: If a Category II foreigner was assigned as intermediate skilled workers, and the employment permit of the Category II foreigner previously issued by the Ministry of Labor was revoked, is recruitment permitted to fill the vacancy left behind by this Category II foreigner? Or a new round of recruitment is necessary?If an application for replacement recruitment still cannot be made what is the application procedure for the recruitment quota after the transfer?

Answer:

1.No.The vacancy left behind by the Category II foreigner is not conforming to the requirement under Article 58 of the Employment Service Act and cannot apply for filling the vacancy. If the vacancy is not caused by the fault of the employer, the employer may recruit Category II foreigner again and the permission for entry to Taiwan, and apply to fill the vacancy with Category II foreigner pursuant to Subparagraph 4 under Article 26 of the employment regulations. If the employer gives up the eligibility of a new round of recruitment, this employer may apply for permission of employment for the first time under applicable rules and regulations. 
2. In the event the quota comes about for reasons that cannot be attributed to the employer, if the employer still wants to hire Category 2 foreign workers based on the quota the application period and procedures are as follows:

(1) Within four months of the employment period expiring an employer can reclassify an original Category 2 foreign worker as an intermediate skilled foreign worker: if the employment period of the original Category 2 expired less than four months previously and he has a valid blue collar employment permit, then in accordance with the relevant regulations the employer can apply to the Ministry of Labor for a re-recruitment permit. 

(2) If an employer re-classifies a Category 2 foreign worker as an intermediate skilled foreign worker within four months of the employment period expiring: Because the original Category 2 foreign worker has already terminated his or her employment relationship with the employer and the original Category 2 foreign worker employment permit has been revoked, the employer is not eligible to apply to the Ministry of Labor for a re-recruitment permit with four months or more of the employment permit remaining. In such a situation, the employer can only apply to the ministry for an initial recruitment permit.