常見問答
本校僑外生被老師聘請為科技部計畫助理(學習型、勞務型)，是否需辦理工作證，並受一週 20 小時的限制。If a teacher at an educational institution wants to employ an overseas Chinese student or a foreign student at the same educational institution to work as an assistant (a learning assistant or working assistant) for a MOST project, is the student required to apply for a work permit and subject to the restriction of not working more than 20 hours a week?
| 答覆 |
一、依就業服務法第 43 條規定，外國人未經雇主申請許可，不得在中華民國境內工作。爰就業服務法對於外國人在我國工作係採許可制，且工作非以形式之契約型態或報酬與否，即外國人有勞務提供或工作之事實，亦屬工作之範疇。故僑外生就學期間受老師聘僱為科技部計畫助理，如為其提供勞務，則應向勞動部申請工作許可，經核准後在校工讀受就業服務法第 50 條之工作時數規範。
1. Article 43 of the Employment Service Act states that a foreigner is not permitted to work within the Republic of China if an employer hasn’t applied for a permit to employ them. Work undertaken by all foreigners in Taiwan is subject to the Employment Service Act, and any labor or work actually provided by a foreigner is categorized as work, even if there is no formal employment contract and regardless of whether or not the person receives any remuneration.
For this reason, if a teacher at an educational institution wants to employ an overseas Chinese student or a foreign student to work providing services as an assistant for a MOST-subsidized project while they are still studying, the educational institution is required to apply to the Ministry of Labor for a permit to employ them. If the on-campus part-time work is approved, any student employed is subject to the restrictions on how many hours they are allowed to work stipulated in Article 50 of the Employment Service Act.
二、另依「外國人從事就業服務法第46 條第 1 項第 1 款至第 6 款工作資格及審查標準」(以下簡稱審查標準)第 31 條規定，大學畢業僑外學生欲受聘擔任科技部計畫助理，從事研究工作，其雇主應為專科以上學校，向勞動部申請工作許可核准後，始得留臺工作。 2. In addition, the provisions of Article 31 of the Qualifications and Criteria Standards for Foreigners Undertaking the Jobs Specified in Article 46, Paragraph 1, Subparagraphs 1 to 6 of the Employment Service Act stipulate that if an overseas Chinese student or a foreign student who has graduated from a university wants to be employed as an assistant to do research work in a MOST project, the research unit that intends to employ such a person must be a junior college or higher level educational institution to be eligible to apply to the Ministry of Labor for a permit to employ them. If the permit is approved, the person is then permitted to stay and work in Taiwan. |
| 相關檔案 | |
| 資料來源 | 107學年度中央有關機關聯合訪視僑生活動 Overseas Student Seminar 2018 |
| 回復機關 | 勞動部 Ministry of Labor |
| 發布日期 | 2019-04-10 |
| 點閱次數 | 1305 |