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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/12/05 02:30
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Chapter Law Content

Chapter V Penalties
Article 40
Any violation of the provisions of Article 6 Paragraph 1 or Article 16 Paragraph 1 resulting in the occurrence of an accident as set forth in Article 37 Paragraph 2 subparagraph 1 may be subject to a maximum of three years imprisonment, detention and/or a fine of a maximum of NT$300,000.
Where a crime stipulated in preceding paragraph is committed by a legal entity, in addition to punishing the individual responsible for the entity, the fine set forth in the preceding paragraph shall also be levied against said legal entity.
Article 41
Those in one of the following violations may be subject to a maximum of one year imprisonment, detention, and/or a criminal fine of up to NT$180,000,:
1. Violations of the provisions of Article 6 Paragraph 1 or Article 16 Paragraph 1 resulting in the occurrence of accidents as set forth in Article 37 Paragraph 2 subparagraph 2.
2. Violations of the provisions of Article 18 Paragraph 1, Article 29 Paragraph 1, Article 30 Paragraph 1 or 2, or Article 37 Paragraph 4.
3. Violations of a notice to suspend works issued by the central competent authority or labor inspection agency per Article 36, Paragraph 1.
Where a crime stipulated in the preceding paragraph is committed by a legal entity, in addition to punishing the individual responsible for the entity, the fine set forth in the preceding paragraph shall also be levied against said legal entity.
Article 42
Violations of the provisions of Article 15 Paragraph 1 or 2 wherein there is hazardous chemicals leak or a fire or explosion is caused that results in the occurrence of an occupational accident as set forth in Article 37 Paragraph 2 may be subject to a fine of no less than NT$300,000 but no more than NT$3,000,000; if notification has been given to make improvements within a limited time period but has failed to do so, an additional fine per violation may be levied.
Monitoring data reported by the employer per Article 12 Paragraph 4 that has been verified by the central competent authority as being false shall be subject to a fine of no less than NT$300,000 but no more than NT$1,000,000.
Article 43
Any of the following violations shall be subject to a fine of no less than NT$30,000 but no more than NT$300,000:
1. Violations of the provisions of Article 10 Paragraph 1, Article 11 Paragraph 1, or Article 23 Paragraph 2, in which notification has been given to make improvements within a limited time period but has failed to do so.
2. Violations of the provisions of Article 6 Paragraph 1, Article 12 Paragraph 1 or 3, Article 14 Paragraph 2, Article 16 Paragraph 1, Article 19 paragraph 1, Article 24, Article 31 Paragraph 1 or 2, or Article 37 Paragraph 1 or 2, or a violation of Article 6 Paragraph 2 leading to the occurrence of an occupational disease.
3. Violations of the provisions of Article 15, Paragraph 1 or 2, for which fines may be levied per violation.
4. Evasion, obstruction, or refusal of an inspection, investigation, random examination, market examination, or verification prescribed by this Act.
Article 44
Failures to register in accordance with the provisions of Article 7 Paragraph 3 or violations of the provisions of Article 10 Paragraph 2 shall be subject to a fine of no less than NT$30,000 but no more than NT$150,000; notification has been given to make improvements within a limited time period but has failed to do so, an additional fine per violation may be levied.
Violations of Article 7 Paragraph 1, Article 8 Paragraph 1, Article 13 Paragraph 1, or Article 14 Paragraph 1 may be subject to a fine of no less than NT$200,000 but no more than NT$2,000,000, and a deadline may be given by which the violator must cease the importation, production, manufacture, or supply of the related products; where said activities are not ceased by the time specified, fines may be levied per violation.
Failure to mark products in accordance with the provisions of Article 7 Paragraph 3 or violation of Article 9 Paragraph 1 shall be subject to a fine of no less than NT$30,000 but no more than NT$300,000, and violators may be ordered to recall the products or make corrections within a set period of time.
Failures to recall products or make corrections in accordance with the provisions of the preceding paragraph shall be subject to a fine of no less than NT$100,000 but no more than NT$1,000,000 per violation.
Products in violations of the provisions of Article 7 Paragraph 1, Article 8 paragraph 1, or Article 9 Paragraph 1 or chemicals in violations of the provisions of Article 14 paragraph 1 may be subject to confiscation, destruction, or other necessary measures, the cost of which shall be borne by the person committing the violation.
Article 45
Any one of the following violations shall be subject to a fine of no less than NT$30,000 but no more than NT$150,000:
1. Violations of the provisions of Article 6 Paragraph 2, Article 12 Paragraph 4, Article 20 Paragraph 1 or 2, Article 21 Paragraph 1 or 2, Article 22 Paragraph 1, Article 23 Paragraph 1, Article 32 Paragraph 1, Article 34 Paragraph 1, or Article 38, in which notification has been given to make improvements within a limited time period but has failed to do so.
2. Violations of the provisions of Article 17, Article 18 Paragraph 3, Articles 26 through 28, Article 29 Paragraph 3, Article 33, or Article 39 Paragraph 4.
3. Failure to provide wages which should be paid in accordance with the provisions of Article 36 Paragraph 1.
Article 46
Violations of Article 20 Paragraph 6, Article 32 Paragraph 3, or Article 34 Paragraph 2 shall be subject to a fine of no more than $NT3,000.
Article 47
Designated inspection agencies which violate this Act or orders issued in accordance with this Act in the course of executing their duties shall be subject to a fine of no less than NT$60,000 but no more than NT$300,000; in the event of severe violations, the central competent authority may also temporarily suspend or revoke the designated inspection agency from their position of inspection.
Article 48
Anyone committing one of the following acts will be issued a warning or subject to a fine of no less than NT$60,000 but no more than NT$300,000, and may be ordered to make corrections within a limited period of time; failure to make corrections within the limited time or severe violations may be subject to the revocation or termination of approval or the temporary suspension of all or part of its operations;
1. Certification bodies violating regulations prescribed by the central competent authority in accordance with Article 8 Paragraph 5 of this Act.
2. Monitoring agencies violating regulations prescribed by the central competent authority pursuant to Article 12 Paragraph 5 of this Act.
3. Medical institutions violating Article 20 Paragraph 4 and regulations prescribed by the central competent authority pursuant to Article 20 Paragraph 5 of this Act.
4. Training entities violating regulations prescribed by the central competent authority pursuant to Article 32 Paragraph 2 of this Act.
5. Consultation services agencies violate regulations prescribed by the central competent authority pursuant to Article 36 Paragraph 3 of this Act.
Article 49
Where any one of the following conditions applies to an entity, the names of the business entities, employers, designated inspection agencies, certification bodies, monitoring agencies, medical institutions, training entities or consultation services agencies and the names of the people in charge may be made public:
1. Accidents as set forth in Article 37 Paragraph 2 occur.
2. Circumstances set forth in Articles 40 through 45, Article 47, or Article 48.
3. Occurrence of occupational diseases.
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