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skilled workers, and the employment permit of the Category II foreigner previously issued by the Ministry of Labor was revoked, is recruitment permitted to fill the vacancy left behind by this Category II foreigner?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?

Answer:

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.