Understanding Employment Services Act Article 46 Article 5

The employment services act article 46 are the rules for getting a work permit, here is article 5 of the act:

Article 5 For foreigners employed to engage in jobs referred to in the preceding Article, in addition to the qualifications stipulated in the Standards, they are also required to have one of the following qualifications:

  1. Acquire certificates or operation qualifications through the procedures specified in the Examinations Act and its enforcement regulations, or acquire certificates, licenses or permits from the competent authorities for other purposes at the central government level.
  2. Acquire credentials of Master degree or above from universities in the ROC or in foreign countries or acquire Bachelor degree and with more than two years working experiences in the specific field.
  3. Expatriates to the ROC that have been employed in multi-national companies for more than one year.
  4. Specialists who have been trained professionally or self-taught in the specific field and have more than five years experiences in related skills and have demonstrated outstanding performances.

Now I am having a debate with my gf over #2. #2 says …acquire Bachelor degree with more than 2 yrs related work experience, but it doesn’t say that experience has to be after your degree. My gf says it does in the Chinese version of that law.

I looked up the Chinese version.

第 5 條

外國人受聘僱從事前條工作,除符合本標準其他規定外,仍應符合下列資
格之一:
一、依專門職業及技術人員考試法及其施行細則規定取得證書或執業資格
,或取得中央目的事業主管機關規定之證書、證照或許可者。
二、取得國內外大學相關系所之碩士以上學位者,或取得相關系所之學士
學位而有二年以上相關工作經驗者。
三、服務跨國企業滿一年以上經指派來我國任職者。
四、經專業訓練,或自力學習,有五年以上相關經驗,而有創見及特殊表
現者。

Now I fed the Chinese version into Babelfish, which albeit is not a direct proper translation, all it told me was this:

bachelor the degree has above two years to be connected the work experience

When it says connected I am assuming related, I don’t see any clause stating and it must be after the degree or date of receiving the degree. Anyone who reads Chinese or knows the Employment law, can U clarify or tell me if I missed another statute or act that has this clause?

On a related note, does anyone know if online degrees would work for getting work permits?

I was looking at this website in particular:

belforduniversity.org/

If I got a Masters from there, I wouldn’t need any experience whatsoever to qualify for work permit status. Just curious if the Taiwan gov. would invalidate the degree for being from a shady online company.

I don’t think the text of the law clearly states that the work experience has to b after graduation although one could argue that the ‘er2’ means something like ‘and then’ and get that reading.

BUT, the administrative agencies that process the applications think the work experience has to be after graduation and that’s what matters unless you’re prepared to sue them in an administrative court.

woa, thanks for the ultra fast reply.

Ok, I was just curious if legally I was in the wrong…

What about getting an online Masters subsequently from the paper-mill Universities?

Would that work, since although it is recognized by the US its not actually from an accredited University?

Naturally I wouldnt even bother putting such garbage on my resume, but feasible for mentioning it to my employer when they start processing the work permit?

[quote=“webdoctors”]Would that work, since although it is recognized by the US its not actually from an accredited University?
[/quote]
If it is not from an accredited University then it is not recognized by the U.S.

[quote=“Vannyel”][quote=“webdoctors”]Would that work, since although it is recognized by the US its not actually from an accredited University?
[/quote]
If it is not from an accredited University then it is not recognized by the U.S.[/quote]

Are you sure not being accredited means the degree is not recognized? I called da Taiwan Labour Affairs office, and they didn’t understand the word accredited, so just said that if its recognized in the U.S. its valid.

In regards to this I found this neat link with a lot of info on paper mill skules and shady state approved skules, following is a good excerpt:

Unfortunately I didn’t find anything about what is officially considered as being “recognized” :s

geteducated.com/articles/dlfaq.htm

[quote]

State Approved Universities

There is currently a big boom in “state approved” schools offering degrees via distance learning, especially from California. Many states regulate private training and trade schools by putting them through a state approval process. This process is not the same as accreditation. Sometimes it simply means that a license to do business has been granted.

A “state approved” distance learning college may meet your career needs; it may provide sound training, but degrees earned from unaccredited universities are not widely accepted in the academic world. Degrees earned at “state approved” colleges may not be accepted for transfer and admission at regionally accredited colleges.

What Is a Diploma Mill?

Degree mills, also known as diploma mills, are bogus universities that sell college diplomas

This is my point…if it’s not from an accredited university then it is not recognized in the U.S. by the federal government and most employers. It takes a prospective employer less than 2 minutes to check online and see if the university you have a degree from is accredited (of course for most of them the supporting documentation such as transcripts takes longer).
Whether Taiwan Labor Affairs knows it or not, the books (or references they look at to see if a degree is recognized in the U.S. or not) is most likely a comprehensive list of all accredited universities in the U.S.

chea.org/public_info/index.asp

There is very little federal regulation of higher education in the US as to what degrees are recognized. Most higher education is regulated at the state level, and requirements vary all over the map. In general, most employers in the US recognize a degree if it is issued by an US University that is accredited by a reputable educational authority, or foreign degrees from schools listed by UNESCO.

A lot of diploma mills claim accreditation though, so you’ll need to do some independent research to verify those claims. A good site for honest answers about distance learning and life experience degrees is degree.net/ which is maintained by John Bear, author of a few books on alternative education. But it’s not hard to tell a diploma mill if all they ask for is your name and credit card number. Life experience degrees do exist, but it’s usually a very rigorous examination and/or interview process to go through for the legit ones.

Would a Master’s degree from Taiwan be recognized in the US?

If the university is listed by UNESCO, yes.

I can tell you, based on face-to-face conversations with Ministry of Education officials here, that MOE more or less understands “accreditation” (U.S. meaning) and set that as a minimum standard when reviewing a degree for acceptability, but oddly enough, in and of itself, accreditation still does not guarantee acceptability to MOE. They have other rules about minimum length of time pursuing said degree and the type of system that it must have come from (semester hours or quarter hours only). Also, MOE, for whatever reasons, does not find online degree acceptable regardless of accreditation.

The question for you becomes this: Will MOE be at all involved in evaluating your qualifications? I don’t know. If you teach at a buxiban, maybe not. If you teach for a university, yes, they will.

Seeker4

Actually I was going through the hurdles for jobs not in the Education industry, so doubt the MOE would be involved, but maybe the other departments even more strict.

Its irrelevant for me now, I decided to just bite the bullet go legit and enrol for a Masters from Cornell, its gotta be legit, the president of Taiwan visited it a while back, but now I gotta move their :frowning: