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Employment Service Act CH

Announced Date: 2018-11-28
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1.Enacted and promulgated a total seventy articles of the Act by the Presidential Order No. 2359 on May 8, 1992
2.Amended and promulgated Article 49 of the Act by the Presidential Order No. 8600118890 on May 21, 1997
3.Amended and promulgated Articles 43 and 51 of the Act by the Presidential Order No. 8900021190 on January 26, 2000
4.Promulgated a total eighty-three articles of the Act by the Presidential Order No. 09100010130 on January 21, 2002, and enforced on the date of promulgation except Paragraphs 1 to 3 of Article 48 to be decided by the Order of Executive Yuan
Promulgated Paragraphs 1 to 3 of Article 48 of the Act by the Executive Yuan Order No. 0930080307 on January 9, 2004, and enforced on January 15, 2004
5.Amended and promulgated Articles 46, 48, 51-53 of the Act by the Presidential Order No. 09200087890 on May 13, 2003
6.Amended and promulgated Article 52 of the Act by the Presidential Order No. 09200092550 on May 16, 2003
7.Amended and promulgated Articles 64 and 83 of the Act by the Presidential Order No. 09500075901 on May 30, 2006, and enforced on July 1, 2006
8.Amended and promulgated Articles 5, 40, 55, 58, and 60 of the Act by the Presidential Order No. 09600064151 on May 23, 2007
9.Amended and promulgated Article 52 of the Act by the Presidential Order No. 09600087311 on July 11, 2007
10.Amended and promulgated Article 48 of the Act by the Presidential Order No. 09700147411 on August 6, 2008
11.Amended and promulgated Articles 2, 24, and 26 of the Act by the Presidential Order No. 09800116311 on May 13, 2009
12.Amendments of Articles 52 and Article 55 Promulgated under Hua- Zong-Yi-Yi-ZiNo.10100021441 Presidential Decree on January 30, 2012
13.Amendments of Articles 5 Promulgated under Hua- Zong-Yi-Yi-ZiNo.10100264211 Presidential Decree on November 28, 2012
14.Amended on December 25,2013
15.Amended on June 17, 2015
16.Amended on October 07, 2015
17.Amended on November 03, 2016
Article 5
For the purpose of ensuring national’s equal opportunity in employment, employer is prohibited from discriminating against any job applicant or employee on the basis of race, class, language, thought, religion, political party, place of origin, place of birth, gender, gender orientation, age, marital status, appearance, facial features, disability, horoscope, blood type, or past membership in any labor union; matters stated clearly in other laws shall be followed in priority.
When recruiting or employing employee(s), employer shall not engage in any of the following acts:
1.Making false advertising or disclosure;
2.Withholding any job applicant or employee's identification card, work certificate, or any other certifying document, nor requesting the job seekers or employees (them) to surrender any other personal documents unrelated to the employment concerned against his/her free will;
3.Withholding job applicant’s belongings or collecting bond from job applicant or employee;
4.Assigning any job applicant or employee to engage in any work that is in violation of the public orders or the descent morals.
5.Submitting false information or fake health examination sample (s) when applying for permit(s) to employ foreign worker(s), or dealing with recruitment, import, or management thereof.
6.Failing to publicly display or inform the range of regular pay less than NT$40,000.

Article 24
With regard to the following persons who are willing and seeking to be employed, the competent authorities shall make plans to promote their employment, and may, in case of necessity, provide relevant allowances or benefits thereto:
1.Persons who financially support families alone;
2.Senior or mid-aged persons;
3.The disabled;
4.Indigenous peoples;
5.Persons with working capacity but from medium or low-income families
6.Persons who are long-term unemployed;
7.Re-employment for displaced women
8.Victims of domestic violence;
9.Rehabilitated ex-convicts
10.Other persons qualified for this purpose as deemed by the central competent authority.
The plans as referred to in paragraph 1 of this article shall be periodically reviewed with a view to ensuring the effective implementation thereof.
The Central Competent Authority shall promulgate regulations for filing application requirements, amounts, periods, financial sources, and other relevant matters with regard to the allowances and benefits as referred to in paragraph 1 of this article.
Public employment services institution shall take initiative endeavor to strive for job opportunities suitable for the disabled and the senior or mid- aged persons, and shall periodically publish such information.
The Competent Authority shall provide relevant support for qualified care workers who are willing and seeking to be employed.

Article 40
When processing employment services businesses, no private employment service institution or any staff member thereof may engage in any of the following:
1.Processing agency businesses without having a written contract executed with the employer or job applicant in accordance with the applicable laws and regulations.
2.Making false advertisement(s) or disclosure or violating the specifications as referred to in paragraph 1 of article 5 in advertisement(s) or disclosure.
3.Withholding any job applicant's national identification card, work certificate, or any other certifying document against his/her free will.
4.Withholding job applicant's belongings or collecting bond for job referral services from job applicant.
5.Demanding, agreeing to be paid at a later stage, or accepting fees beyond the prescribed standards or any other unjust interest.
6.Offering to deliver, agreeing to deliver at a later stage, or delivering unjust interest.
7.Referring job applicant to engage in work that is in violation of public orders or descent morals.
8.Submitting false information or fake health examination sample(s) when entrusted by employer in applying for permit(s) to employ foreign worker(s), or dealing with recruitment, introducing, or management of foreign worker(s)
9.Committing threat, fraud, embezzlement, or betrayal when processing employment services businesses.
10.Withholding employer's authorization document(s), identification(s) or any other relevant documents against the employer or the employee’s free will.
11.Filling in reporting form(s) as prescribed by competent authorities in a manner that is inconsistent with the applicable laws and regulations or filling reporting form(s) with false information.
12.Failing to process the registration of alteration regarding business organization, the notice of business suspension, or the application for renewal or re-issuance of certificate(s) in accordance with the applicable laws and regulations.
13.Failing to disclose the operation permit for private employment services institution, items and table of fees to be charged, or certificate(s) for professional employment services staff in accordance with the applicable laws and regulations.
14.Resuming its businesses prior to the expiration of the period in which its operation permit was suspended by the competent authority.
15.Failing to exercise due diligence in respect of the entrusted matter(s) when processing employment services businesses so as to cause the entrusting employer to violate the Act or any regulation as promulgated in accordance with the Act, or cause damages to the labor employer interests.
16.Rent or sublease the operation permit of the private employment services institution or certificate(s) for professional employment services staff.
17.The foreign worker who accepts the recruitment by the entrusting private employment services institution(s) becomes untracked within three months after entering the Republic of China, and such untracked foreign workers have reached a certain number and percentage within one year. The number and percentage of untracked foreign workers as referred to in the foresaid paragraph shall be separately prescribed by the Central Competent Authority.
18.Committed sexual assault, human trafficking, offense against personal liberty, severe injuries, or homicidal acts to the applicant or the employed foreign worker.
19.Acknowledge that the engaged foreign worker is suspected to suffer from sexual assault, human trafficking, offense against personal liberty, severe injuries, or homicidal acts committed by the employer, the one who was intended to be taken care of or other family members, representative of the employer, representative, or personnel who deal with labor affairs on behalf of the employer, while fail to report to the competent authority, the entry and exit administrative authority, police, or other judiciary authorities within 24 hours.
20.Other conducts that violate the Act or orders issued according to the Act.
Upon being entrusted to publish or to disseminate advertisement for recruiting employee(s), Private employment services institution shall, from the date of advertisement, keep for two months such information as the name of the entrusting employer, his/her/its residence, telephone numbers, and national identification card numbers/business registration numbers for the inspection of competent authority(s), and shall not evade, impede, or refuse any such inspection.

14. Resuming its businesses prior to the expiration of the period in which its operation permit was suspended by the competent authority.
15. Failing to exercise due diligence in respect of the entrusted matter(s) when processing employment services businesses so as to cause the entrusting employer to violate the Act or any regulation as promulgated in accordance with the Act, or cause damages to the labor employer interests.
16. Rent or sublease the operation permit of the private employment services institution or certificate(s) for professional employment services staff.
17. The foreign worker who accepts the recruitment by the entrusting private employment services institution(s) becomes untracked within three months after entering the Republic of China, and such untracked foreign workers have reached a certain number and percentage within one year. The number and percentage of untracked foreign workers as referred to in the foresaid paragraph shall be separately prescribed by the Central Competent Authority.
18. Committed sexual assault, human trafficking, offense against personal liberty, severe injuries, or homicidal acts to the applicant or the employed foreign worker.
19. Acknowledge that the engaged foreign worker is suspected to suffer from sexual assault, human trafficking, offense against personal liberty, severe injuries, or homicidal acts committed by the employer, the one who was intended to be taken care of or other family members, representative of the employer, representative, or personnel who deal with labor affairs on behalf of the employer, while fail to report to the competent authority, the entry and exit administrative authority, police, or other judiciary authorities within 24 hours.
20.Other conducts that violate the Act or orders issued according to the Act.
Upon being entrusted to publish or to disseminate advertisement for recruiting employee(s), Private employment services institution shall, from the date of advertisement, keep for two months such information as the name of the entrusting employer, his/her/its residence, telephone numbers, and national identification card numbers/business registration numbers for the inspection of competent authority(s), and shall not evade, impede, or refuse any such inspection.

Article 46
Unless otherwise provided in the Act, the work that a foreign worker may be employed to engage in within the Republic of China is limited to the following:
1.Specialized or technical work.
2.Director/manager/executive of a business invested in or set up by overseas Chinese or foreigner(s) with the authorization of the Government of the Republic of China.
3.Teacher at the following schools:
(1)Teacher at a public or registered private college/university or school established especially for foreign residents.
(2)Approved teacher teaching course(s) on foreign language(s) at a public or registered private primary or high school.
(3)Teacher teaching course(s) at a public or registered private experimental high school's bilingual department or at bilingual school(s).
4.Full-time teacher at a short-term class registered for supplementary schooling in accordance with the Supplementary Education Act.
5.Sports coach and athlete.
6.Religious, artistic, and show business work.
7.Crew member of a merchant vessel, working vessel, and vessel ad hoc permitted by the Ministry of Transportation and Communication.
8.Marine fishing/netting work.
9.Household assistant and nursing work.
10.Workers designated by the Central Competent Authority in response to national major construction project(s) or economic/social development needs.
11.Other specialized workers ad hoc approved by the Central Competent Authority due to the lack of such specialist in the domestic employment market and the business necessity to retain the service of such specialist
The Central Competent Authority shall consult the other central competent authority(ies) administering the work concerned to determine the working qualification(s) and standard of review thereof in respect of the foreign worker engaging in work as referred to in paragraph 11 of this article, except for as otherwise provided by other laws.
The employer when employing a foreign worker to engage in work as referred to in subparagraphs 8 to 10 of paragraph 1 of this article, shall execute a labor contract in writing with the employed foreign worker and with fixed duration only; in case where it is not so fixed, the duration of his/her employment shall be deemed as the same with the duration of employment permit thereof. The foregoing in this paragraph shall equally apply in the case of extension of such labor contract.

Article 54
Should any of the following circumstances have arisen or existed with respect to the employment of foreign worker(s) to engage in work as referred to in Subparagraphs 8 to 11 of Paragraph 1 of Article 46, the Central Competent Authority shall not issue the whole or a part of the permit for recruitment, employment, or the extension thereof; in case the permit for recruitment has already been issued, the Central Competent Authority may halt the introduction of foreign workers:
1.The work place in which the foreign worker(s) is designated to engage in work once employed has been subject to a legal strike or industrial dispute as referred to in Article 10.
2.During the domestic recruitment, the employer has unjustifiably refused to employ worker(s) referred by public employment services institution(s) or job applicant(s) appeared on his/her/their own initiative(s).
3.The number of foreign workers whose whereabouts are untraceable or who are deliberately hidden by the employer has reached a certain figure or percentage as prescribed by the central competent authority.
4.The Employer has ever illegally employed foreign worker(s) to work. 5.The employer has ever illegally laid off/discharged national worker(s). 6.The local competent authority(ies) has/have investigated and proven that the employment of foreign worker(s) has undermined the labor terms in the employment contract(s) with national worker(s).
7.The employed foreign worker(s) has/have disturbed the tranquility and public orders of the local community and has/have been adjudicated upon and punished on that account in accordance with the Social Order Maintenance Act. 8.The employer has ever illegally withheld passport(s)/ residence certificate(s) of foreign worker(s), or embezzled belongings of foreign worker(s).
9.The Employer has failed to pay within the prescribed period the travel expenses required for dispatching the employed foreign worker(s) out of the territory of the Republic of China or the necessary expenses for the detention of his/her employed foreign worker(s) prior to the departure.
10.When the entrusting private employment services institution(s) with recruiting foreign worker(s), the employer has demanded, agreed to be paid at a later stage, or accepted unjust interests from such institution(s).
11.The employer has submitted false information when processing the application for the employment of foreign worker(s) or matters regarding the recruitment, introduction, or administration thereof.
12.The employer has made false recruitment advertisement(s).
13.The employer's application has not been made in conformity with the relevant requirements and he/she has failed to make necessary supplements and/or rectifications thereof within the specified period of time.
14.The employer has violated the provision(s) of the act or the regulations promulgated pursuant to Paragraphs 2 or 3 of Article 48 or Article 49.
15.The employer violated the provisions of Occupational Safety and Health Act and resulted in death or loss of partial or all working abilities of the engaged foreign workers without making indemnification or compensation according to the law.
16.Other than the above, the employer has been in serious violation of applicable laws and regulations protecting labors.
For the purpose of this Article, the circumstances as referred to in subparagraphs 3 to 16 of paragraph 1 of this article shall be limited to those that have arisen or existed within the two-year period prior to the day of application.
The Central Competent Authority shall officially announce the figure or percentage of number as referred to in subparagraph 3 of paragraph 1 of this Article.

Article 56
Should an employed foreign worker have been unjustifiably absent from his/her work and not in contact for three consecutive days or should the employment of a foreign worker be terminated, the employer shall make notification in writing that sets out relevant matters to the local competent authority(ies), the entry and exit administrative authority and the Police of such event within three days thereafter. If an employed foreign worker has been absent from his/her work and not in contact with their employer, the employer may notify in writing the entry and exit administrative authority and the Police of conducting the inspection.
In the event that the employed foreign worker has been falsely reported by the employer of having been unjustifiably absent from his/her work and not in contact at least three days, the engaged foreign worker may file an appeal to the local competent authority. Where such falsity is verified, the central competent authority shall cancel the original disciplinary sanction of terminating employment permit and the order to depart from the Republic of China within a specified period.

Article 65
Anyone who violates Paragraph 1, Subparagraphs 1, 4 or 5 or Paragraph 2 of
Article 5, Paragraph 2 of Article 34, or Subparagraph 2, 7 to 9 of Article 40 shall be fined therefore an amount of at least NT$ 300,000 and at most NT$ 1,500,000.
Anyone who engages in employment services businesses without permit therefore and in violation of Subparagraphs 2, 7 to 9 of Article 40 shall be punished in accordance with Paragraph 1 of Article 65.

Article 66
Anyone who violates Subparagraph 5, Paragraph 1 of Article 40 shall be fined therefore an amount of at least ten times up to twenty times of the amount equivalent to that of the fees beyond the prescribed standard or any other unjust interest he/she has demanded, agreed to be paid at a later stage, or accepted.
Anyone who engages in employment services businesses without permit therefore and in violation of Subparagraph 5, Paragraph 1 of Article 40 shall be punished in accordance with paragraph 1 of this article.

Article 67
Anyone who violates Subparagraph 2 , 3 or 6 of Paragraph 2 of Article 5, Article 10, Paragraph 1 of Article 36, Article 37, Article 39, Subparagraphs 1, 3, 4,
6, 10 to 17, 19, or 20, Paragraph 1 of Article 40, Subparagraphs 5, 8, or 9 of Article 57 or Paragraph 2 of Article 62 shall be fined an amount of at least NT$ 60,000 and at most NT$ 300,000.
Anyone that engages in employment services businesses without permit therefore and in violation of Subparagraphs 1, 3, 4, 6 or 10, Paragraph 1 of Article 40 shall be punished in accordance with paragraph 1 of this Article.

Article 68
Anyone that violates Article 9, paragraph 1 of Article 33, Article 41,
Article 43, Paragraph 1 of Article 56, Subparagraph 3 or 4 of Article 57, or Article 61 shall be fined therefore an amount of at least NT$ 30,000 and at most NT$ 150,000.
Anyone that violates Subparagraph 6 of Article 57 shall be fined therefore an amount of at least NT$ 20,000 and at most NT$ 100,000 per national worker so dismissed or laid off.
Any foreign worker who violates Article 43 shall be immediately ordered to depart from the Republic of China and banned from further engaging in work in the said territory.
Where a foreign worker has violated the provisions of Article 43 or where any of circumstances as referred to in Paragraphs 1 and 2 of Article 74 has arisen or existed, but such foreign worker fails to depart as ordered by the competent authority from the Republic of China by the end of the specified period, the entry and exit administrative authority may enforce such departure and may provide therefore provisional shelter prior to deportation.

Article 70
Where any of the following circumstances has arisen or existed, the competent authority(s) may annul the operation permit of the private employment services institution concerned:
1.The said institution has violated Article 38, Subparagraphs 2, 7, 9 14, or 18, Paragraph 1 of Article 40; or
2.The said institution has been ordered to suspend its operation for two or more times within one year.
Where the operation permit for a private employment services institution has been annulled, the competent authority shall reject any further application for establishment of another such institution by the person in charge of the said institution or by its representative within five years of such annulment.
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