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CHAPTER 1　GENERAL PRINCIPLES
Article 1
The present Act is enacted for the purpose of promoting nationals’ employment with a view to enhancing social and economic development.　Any relevant matter that is not provided herein by the present Act shall be governed by other applicable laws and regulations.

Article 2
For the purposes of the present Act:
1.The term “Employment Services” means services provided for assisting nationals in seeking employment and Employers in employing/recruiting Employee(s).
2.The term "Employment Services Agency(s)" means agency(s) which provide(s) employment services; a Public Employment Services Agency is that established by governmental organ(s), whereas a Private Employment Services Agency is that established by private individual(s) or non-governmental organization(s).
3.The term "Employer(s)" means the person(s) that assign(s) or employ(s) Employees to engage in work.
4.The term "Senior or Mid-Aged Person(s)" means national(s) aging from forty-five (45) to sixty-five (65).

Article 3
Every national is free to choose his/her occupation provided that is not prohibited or restricted by the law.

Article 4
Every national with working capacity is equal in terms of the access to Employment Services.

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, sex, marital status, appearance, facial features, disability, or past membership in any labor union.

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's Identification Card, Work Certificate, or any other certifying document against his/her free will;
3.Withholding Job Applicant’s belongings or collecting bond from Job Applicant;
4.Assigning any Job Applicant 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.

Article 6
For the purposes of the present Act, the term "Competent Authority(s)" means the Council of Labor Affairs of the Executive Yuan in the central level, the Municipal City Government(s) in the Municipal level, and the County/City Government(s) in the County/City level.

Regarding Employment Services to Indigenous Peoples, the Central Competent Authority shall collaborate with the Council of Indigenous Peoples.

The Central Competent Authority shall be in charge of the following:
1.Nation-wide employment policy-making, submitting proposed statute to the legislature for enactment, promulgating regulations and making plans/programs on a nation-wide basis;
2.Provision of information regarding the nation-wide employment market;
3.Establishment of Implementation Standards of Employment Services;
4.Supervision and guidance, coordination, and assessment of the Employment Services throughout the nation;
5.Issuance to Applicant Employer(s) of Permit(s) to employ Foreign Worker(s) and administration of such employment;
6.Issuance, suspension, and termination of Permit(s) of Private Employment Services Agency(s) that engage(s) in any of the following agency businesses:
1)Introducing Foreign Worker(s) to work within the territory of the Republic of China;
2)Introducing Hong Kong, Macau, or Mainland China resident(s) to work in the region of Taiwan; or
3)Introducing nationals to work outside the region of Taiwan.
7.Other matters regarding nation-wide Employment Services to nationals and Employment Promotion.

The Competent Authority(s) in the Municipal and County/City level shall be in charge of the following:
1.Determination of Employment Discrimination;
2.Administration and examination of Foreign Worker(s)’ work within the territory of the Republic of China;
3.Issuance, suspension, and termination of Permit(s) of Private Employment Services Agency(s) that introduce(s) nationals to work within the territory of the Republic of China;
4.Administration of Private Employment Services Agency(s) outside the scope of Subparagraph 6 of Paragraph 3 and Subparagraph 3 of Paragraph 4;
5.Other cooperating matters regarding Employment Services to nationals.

Article 7
In order to review matters regarding Employment Services and Employment Promotion, the Competent Authority(s) may invite representatives of labor, Employers, and governmental officials, together with scholars and experts, to form the Committee for Promoting Employment Services.

Article 8
In order to enhance the professional knowledge and working efficiency of the Employment Services personnel, the Competent Authority(s) should hold periodical on-the-job training programs therefor.

Article 9
Neither Employment Services Agency(s) nor the personnel thereof may disclose to the public any information about any Employer or Job Applicant, unless otherwise necessitated by employment referral.

Article 10
Should any work place be subject to a legal strike or an industrial dispute wherein the right of the majority of the labor is affected due to the termination of the Labor Contract(s), Employment Services Agency(s) shall not refer any Job Applicant to work in such a place during the period when the strike is being staged or when the industrial dispute is being mediated.

The term "majority of the labor " as referred to in Paragraph 1 of this Article shall be defined as the number of ten (10) or more workers in the business entity who are involved in the industrial dispute, or, in the case of less than ten (10) such workers, the number of one-third (1/3) or more of the workers in the work place subject to such a dispute.

Article 11
The Competent Authority(s) should reward and publicly praise one who has made distinguished contribution to the advancement of nationals' employment.
The regulations on the qualifications, items, manner, and other matters that are to be observed with regard to the reward and public praise as referred to in Paragraph 1 of this Article shall be promulgated by the Central Competent Authority.

CHAPTER 2　GOVERNMENTAL EMPLOYMENT SERVICES

Article 12
Competent Authorities may establish Public Employment Services Agencies in such places as to conform to the business needs.

Should the population of Indigenous People(s) have reached twenty thousand (20,000) or more within the jurisdiction of a Municipal City or a County/City, Public Employment Services Agency(s) For Indigenous Peoples may be established in order to accommodate the special cultural needs of such Indigenous People(s).

The Central Competent Authority shall promulgate the guidelines on the establishment of Public Employment Services Agencies as referred to in Paragraphs 1 and 2 of this Article.

Article 13
Employment Services processed by Public Employment Services Agencies shall be free of charge in principle; however, expenses incurred by examination or recruitment entrusted by Employers may be collected from such Employers.

Article 14
No Public Employment Services Agency may refuse to process a Job Applicant’s application seeking to be employed or an Employer’s application seeking to employ, unless such application is otherwise in violation of applicable law(s) or regulation(s) or such Job Applicant or Employer refuses to provide information necessary for job referral.

Article 15
Should a Job Applicant referred by a Public Employment Services Agency be from a Low-income Family, the Agency may exercise its discretion to subsidize such Job Applicant for attending the job interview.

Article 16
In order to provide information on employment markets, Public Employment Services Agencies shall collect, organize and analyze information regarding wage variations, supply and demand of human resources and the future development within their respective responsible districts.

Article 17
Public Employment Services Agencies shall provide Employment Counseling for the purpose of assisting nationals with occupation selection or job orientation,

Article 18
Public Employment Services Agencies shall maintain close contacts with schools in their respective responsible districts with a view to assisting those schools with vocational counseling for students and, jointly with those schools, to referring their graduates to work or attend vocational training programs, and, after such students being employed, to providing post-employment counseling.

Article 19
In order to assist Job Applicants lacking in necessary knowledge and skills with employment, Public Employment Services Agencies may refer such persons to attend vocational training programs and shall assist and refer such persons who accomplish the vocational training programs for job placement.


Article 20
As for those who apply for unemployment benefit under the Labor Insurance, Public Employment Services Agencies shall refer them to work or attend vocational training programs.

CHAPTER 3　EMPLOYMENT PROMOTION

Article 21
In order to contribute to the effective utilization of human resources and nationals’ employment, governments shall plan and formulate adjustment measures regarding the supply and demand of human resources pursuant to the investigatory information relevant to the situation of employment and unemployment.

Article 22
In order to facilitate the inter-region balance in terms of supply and demand of human resources and to cope with the implementation of unemployment benefit under the Labor Insurance, the Central Competent Authority shall establish a nation-wide web providing employment information.

Article 23
When facing massive scale of unemployment due to economic recession, the Central Competent Authority may, in order to avoid lay-offs, encourage Employers to negotiate with labor union(s) or labor by way of reducing working hours, adjusting wage, and/or holding educational training programs; furthermore, depending upon actual needs, the Central Competent Authority may reinforce the implementation of vocational training programs or take such necessary assisting measures as to create temporary job opportunities, subsidize the interest of enterprise start-up loans, etc., and, in case of necessity, shall provide relevant allowances or benefits with a view to promoting employment.

The Central Competent Authority shall promulgate Regulations for application requirements, items, procedures, periods, financial sources, and other matters that are to be observed with regard to the interest subsidies, allowances and benefits as referred to in Paragraph 1 of this Article.

Article 24
With regard to the following persons 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.Women that have to support families;
2.Senior or Mid-Aged Persons;
3.The disabled;
4.Indigenous Peoples;
5.Persons with working capacity from Low-income Families; and
6.Other persons deemed qualified for this purpose 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 the Regulations for 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.

Article 25
Public Employment Services Agency shall, on its own initiaive, endeavor to strive for job opportunities suitable for the disabled and Senior or Mid-Aged Persons, and shall periodically publish such information.

Article 26
In order to counsel women seeking re-employment who left their jobs due to gestation, parturition, or child-rearing, the Competent Authorities shall, depending upon actual needs, hold vocational training programs therefor.

Article 27
In order to assist the Disabled and Indigenous Peoples in adapting to the working environments, the Competent Authorities shall, depending upon actual needs, hold orientation training programs therefor.

Article 28
Having referred the disabled or Indigenous Peoples to work, Public Employment Services Agencies shall engage in paying follow-up visits thereto in order to assist such persons in adapting to their jobs.

Article 29
Competent Authorities in the Municipal and County/City levels shall list persons with working capacity from Low-income Families within their jurisdiction, and hand over such lists to local Public Employment Services Agencies for the purpose of referring such persons for job placement or to attend vocational training programs.

Article 30
Public Employment Services Agencies shall maintain close contacts with local conscription agencies with a view to helping refer the demobilized soldiers for job placement or to attend vocational training programs.

Article 31
Public Employment Services Agencies shall maintain close contacts with the After-Care Association with a view to helping refer the Protected post-convicted person for job placement or to attend vocational training programs.

Article 32
In order to promote nationals’ employment, the Competent Authorities shall draw up annual budget to administrate ex officio measures under the present Act.

The Central Competent Authority may subsidize the Competent Authorities in the Municipal City and County/City levels, taking into account their actual fiscal situations.

Article 33
In the event of layoff, Employer shall list the laid-off employee, at least ten (10) days prior to leaving his/her job, indicating the name of such employee, his/her sex, age, address, telephone numbers, position, the cause(s) of the layoff, and whether he/she is in need of employment counseling, and submit such list to and inform the local Competent Authority(s) as well as Public Employment Services Agency(s).　However, where the layoff is caused by a natural disaster, unforeseen event or any other force majeure, Employer shall accomplish the aforementioned within three (3) days following the day when the laid-off employee leaves his/her job.

Public Employment Services Agencies, after receiving the submitted information as referred to in Paragraph 1 of this Article, shall assist the laid-off with re-employment pursuant to their willingness and working capacity.

Article 33-1
The Central Competent Authority may commission to its subordinate Employment Services Agency(s) or Vocational Training Agency(s), matters in its charge regarding Employment Services and Employment Promotion as provided for in the present Act, or entrust the same to Competent Authority(s) in the Municipal level or in the County/City level, or to other relevant Agency (s) or organization(s).

CHAPTER 4　PRIVATE EMPLOYMENT SERVICES

Article 34
Private Employment Services Agency and its branch(es) shall apply to Competent Authorities for approval of Establishment, and shall not engage in Employment Services businesses unless and until having obtained Operation Permit, which shall be periodically renewed.

No Private Employment Services Agency may engage in Employment Services businesses without having obtained Operation Permit；however, School(s) or Vocational Training Agency(s) established in accordance with applicable laws and regulations and Agency(s) or organization(s) entrusted by governmental organ to engage in training and Employment Services may, without Operation Permit, render free-of-charge Employment Services to their Graduates, Post-training Trainees or Job Applicants.

The Central Competent Authority shall promulgate the regulations regarding the requirements, periods, termination, renewal, and other regulatory matters in respect of Operation Permit issued to Private Employment Services Agency and its branch(es) as referred to in Paragraph 1 of this Article.

Article 35
Private Employment Services Agency may engage in the following Employment Services businesses:
1.Job Placement or human resources agency businesses;
2.Being entrusted to recruit employee(s);
3.Employment Counseling or Psychological Tests provided in order to assist nationals with the determination of their career development plans; and
4.Other Employment Services businesses as may be specified by the Central Competent Authority.

Private Employment Services Agency may collect fees incurred by processing the Employment Services businesses as referred to in Paragraph 1 of this Article; the Central Competent Authority shall promulgate the items and amounts of the relevant fees to be charged.

Article 36
Private Employment Services Agency shall man qualified Professional Employment Services Staff of a prescribed number.

The qualifications and number of the Professional Employment Services Staff as referred to in Paragraph 1 of this Article shall be provided for in the Regulations on the Permission and Administration of Private Employment Services Agencys.

Article 37
No member of the Professional Employment Services Staff may engage in any of the following:
1.Allowing others to engage in Employment Services businesses in his/her name; or
2.Processing Employment Services businesses in a manner that is in violation of the applicable laws and regulations.

Article 38
Private Employment Services Agency that processes any of the following agency businesses shall organize and register as a profit-seeking corporation, however, a Non-profit-seeking Institution or Organization established to process the Employment Services by the Central Competent Authority, with its permission, designated or entrusted by it shall be exempted from such requirement:
1.Introducing Foreign Worker(s) to work within the territory of the Republic of China;
2.Introducing Hong Kong, Macau, or Mainland China resident(s) to work in the region of Taiwan; or
3.Introducing nationals to work outside the region of Taiwan.

Article 39
Private Employment Services Agency shall make ready and keep all the relevant documents and materials in accordance with the applicable laws and regulations for the inspection by Competent Authorities, and shall not evade, impede, or refuse any such inspection.

Article 40
When processing Employment Services businesses, no Private Employment Services Agency or any staff member thereof may engage in any of the following:
1.Processing agency businesses without having a written contract executed with Employer or Job Applicant in accordance with the applicable laws and regulations;
2.Making false 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 standard or any other unjust interest;
6.Offering to deliver, agreeing to deliver at a later stage, or delivering unjust interest to civil servant;
7.Referring Job Applicant to engage in work that is in violation of the public orders or the 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, import, 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) or any other relevant document against his/her 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 the same 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 Agency, 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(s); or
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 present Act or any Regulation as promulgated in accordance with the present Act.

Article 41
Upon being entrusted to publish or to disseminate advertisement for recruiting employee(s), Private Employment Services Agency shall, from the date of advertisement, keep for two (2) 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.

CHAPTER 5　EMPLOYMENT AND ADMINISTRATION OF FOREIGN WORKERS

Article 42
For the purpose of protecting nationals’ right to work, no employment of Foreign Worker may jeopardize nationals’ opportunity in employment, their employment terms, economic development or social stability.

Article 43
Unless otherwise provided for in the present Act, no Foreign Worker may engage in work within the territory of the Republic of China should his/her Employer have not yet obtained a Permit via application therefor.

Article 44
No one may illegally let Foreign Worker stay and engage in work.

Article 45
No one may illegally refer Foreign Worker to work for any third party.

Article 46
Unless otherwise provided for in the present Act, the work a Foreign Worker may be employed to engage in within the territory of 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 oversees Chinese or foreigner(s) with the authorization of the Government of the Republic of China;
3.Teacher at the following schools, as indicated:
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 high school or below;
3)Teacher teaching course(s) at a public or registered private experimental high school’s bilingual department or at bilingual school;
4.Full-time teacher teaching course(s) on foreign language(s) 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;
10.Work designated by the Central Competent Authority in response to national major construction project(s) or economic/social development needs;
11.Other specialized work 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 therefor.

The Central Competent Authority shall consult the Central Competent Authority(s) administering the work in question 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 1 of this Article.

Employer, when employing Foreign Worker to engage in work as referred to in Subparagraphs 8 to 10 of Paragraph 1 of this Article, shall execute 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 hold true in the case of extension of such labor contract.

Article 47
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, Employer shall first make domestic recruitment with reasonable labor terms; only when such domestic recruitment cannot acquire sufficient number of employee(s) to satisfy his/her business needs may Employer apply for Permit to recruit Foreign Person(s) with a view to filling up such insufficiency.　Furthermore, when conducting recruitment of Foreign Worker(s) under such circumstances, Employer shall notify the labor union or labor of the business entity of the full and entire content concerning such recruitment and shall publicly announce the same in the work place designated for such Foreign Worker(s) to engage in work.

When conducting the domestic recruitment in accordance with Paragraph 1 of this Article, Employer, unless otherwise justified, may not refuse to employ Job Applicant(s) as referred by Public Employment Services Agency(s).

Article 48
Prior to employing Foreign Worker to engage in work, Employer shall apply to the Central Competent Authority for Employment Permit with relevant documents submitted.　However, such a requirement of Employment Permit is exempted where the Foreign Worker in question is to be employed as counsel or researcher by the respective governmental organs or their subordinate academic research institutes, or the Foreign Worker in question has been married to a Republic of China national with a registered permanent residence in the territory of the Republic of China and has been permitted to stay therein.

The Central Competent Authority shall collaborate with the Central Competent Authority(s) administering the occupations in question to promulgate the regulations regarding the application for Permit and annulment thereof as referred to in Paragraph 1 of this Article and other matters related to the employment and administration of Foreign Workers.

The Central Competent Health Authority(s) shall collaborate with the Central Competent Authority to promulgate the regulations administering the health examinations conducted upon the employed Foreign Worker as referred to in Paragraph 1 of this Article prior to his/her entry into the territory of the Republic of China and thereafter.

The hospital(s), as may be designated by the Central Competent Health Authority(s), shall conduct the health examinations as referred to in Paragraph 3 of this Article upon the employed Foreign Worker after his/her entry into the territory of the Republic of China; the Central Competent Health Authority(s) shall promulgate the regulations regarding the qualification(s) of the Hospital(s) for such designation, the designations, the termination of such designation and other matters related to administration thereof.　Should an employed Foreign Worker fail such health examinations and be ordered to depart from the territory of the Republic of China within a specified period, his/her Employer shall immediately urge and facilitate such departure.

The Central Competent Authority may prescribe the country of origin and the quota thereof regarding the Foreign Workers that engage in the work as referred to in Subparagraphs 8 to 11 of Paragraph 1 of Article 46.

Article 49
While stationed in the Republic of China, Foreign Embassies/Consulates, Foreign Agencies, international organizations and the staff thereof intending to employ Foreign Worker(s) to engage in work therefor in the Republic of China shall apply to the Ministry of Foreign Affairs for Permit to that effect; the Ministry of Foreign Affairs shall collaborate with the Central Competent Authority to promulgate the regulations regarding the issuance and annulment of such Permit and other matters related to the employment and administration thereof.

Article 50
The scope of works as limited in Paragraph 1 of Article 46 does not apply to the following categories of students to be employed to engage in work in the Republic of China; with the exception of the winter and summer vacations, the total working time of any one of such students may not exceed sixteen (16) hours per week.
1. Foreign students enrolled in a public or registered private college/university;
2. Oversees Chinese Students and other Foreign Students of Chinese Origin enrolled in a public or registered private college/university.

Article 51
Where the employed Foreign Worker is amongst any of the following, the requirements as referred to in Paragraphs 1 and 3 of Article 46, Article 47, Article 52, Paragraphs 3 and 4 of Article 53, Subparagraph 5 of Article 57, Subparagraph 4 of Article 72 and Article 74 are exempted, and his/her Employer is also exempted from paying the Employment Security Fees as required under Article 55:
1. A　refugee permitted to stay in the territory of the Republic of China;
2. One who has been continuously employed, with permission of the relevant Competent Authority(s), to engage in work in the territory of the Republic of China, has maintained a settled practice of good-mannered behavior, and has kept a residence in the said territory for at least five (5) consecutive years;
3. One permitted to live with his/her lineal relative who has a registered domestic residence in the Republic of China;
4. One permitted to stay permanently in the territory of the Republic of China.

The Foreign Workers as referred to in Subparagraphs 1, 3 and 4 of Paragraph 1 of this Article may, without their Employers’ initiation, apply on their own initiatives to the Central Competent Authority for Permits to engage in work in the territory of the Republic of China.

Where the performance of contract(s) of construction, sale, technical cooperation and so forth necessitates a foreign legal person’s appointing a Foreign Worker to engage in work as referred to in Subparagraph 1 or 2 of Paragraph 1 of Article 46 in the territory of the Republic of China, and where such foreign legal person has not established any branch office or representative agency in the said territory, the business entity with whom such foreign legal person contracted or the agent duly authorized by such foreign legal person shall apply therefor in accordance with the regulations promulgated pursuant to Paragraphs 2 and 3 of Article 48.

Article 52
Where a Foreign Worker is employed to engage in work as referred to in Subparagraphs 1 to 7 and Subparagraph11 of Paragraph 1 of Article 46, the duration of the Permit therefor shall not exceed three (3) years; , upon the expiration of which the Employer may apply for extension thereof pursuant to his/her business needs.

Where a Foreign Worker is employed to engage in work as referred to in Subparagraphs 8 to 10 of Paragraph 1 of Article 46, the duration of the Permit therefor shall not exceed two (2) years; , upon the expiration of which the Employer may apply for one (1) time for extension thereof; the extended duration shall not exceed one (1) year.　Should some major and special circumstances occur, Employer may apply for a further extension thereof. The Executive Yuan shall promulgate the duration of such further extension.　However, in the event of a major construction, the duration of such further extension shall not exceed six (6) months.

The Central Competent Authority shall invite and consult with representatives of the relevant governmental agency (s), labor, Employers, and scholars to decide, pursuant to the Foreign Workers Employment Alert Index, the maximum number of Foreign Workers permitted per year to be introduced into the territory of the Republic of China to engage in work as referred to in Paragraph 2 of this Article.

An employed Foreign Worker who has violated no laws or regulations within the duration of Employment Permit, and has departed from the territory of the Republic of China due to the termination of employment, or the expiration of the Employment Permit, or an employed Foreign Worker who failed the health examinations, but accepted medical treatment thereafter at his/her national country and then passed health examinations therein, may re-enter the territory of the Republic of China to engage in work.　However, as for a Foreign Worker who engages in work as referred to in Subparagraphs 8 to 10 of Paragraph 1 of Article 46, such re-entry may be allowed only after one (1) day following his/her departure, but the aggregate duration in which such Foreign Worker engages in work in the said territory shall not exceed six (6) years.

Article 53
Should an employed Foreign Worker have to transfer to a new Employer or be employed for two (2) or more Employers within the duration of the Employment Permit, the new Employer(s) shall apply for Permit therefor; in case of transfer to a new Employer, the new Employer shall submit upon such application the relevant document(s) certifying the termination of the previous employment.

The requirement as referred to in Paragraph 1 of this Article is exempted in the case where the Foreign Workers as referred to in Subparagraphs 1, 3 and 4 of Paragraph 1 of Article 51 have obtained the Permit from the Central Competent Authority.

Where a Foreign Worker who has been employed to engage in work as referred to in Subparagraphs 1 to 7 of Paragraph 1 of Article 46 transfers to a new Employer or new work, he/she is prohibited from engaging in work as referred to in Subparagraphs 8 to 11 of same Paragraph of same Article for his/her new Employer or as his/her new work.

Unless otherwise authorized by the Central Competent Authority on account of the respective circumstances as referred to in Paragraph 1 of Article 59, a Foreign Worker who has been employed to engage in work as referred to in Subparagraphs 8 to 11 of Paragraph 1 of Article 46 may not transfer to a new Employer or new work.

Where an employed Foreign Worker as referred to in Paragraph 4 of this Article is authorized to transfer to a new Employer or new work, the duration of the previous employment and the new one, as calculated in aggregate, shall be subject to the restriction as referred to in Article 52.

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 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 Agency(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 engage in work;
5. The Employer has ever illegally laid off/discharged national worker(s);
6. The local Competent Authority(s) 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 entrusting Private Employment Services Agency(s) with recruiting Foreign Worker(s), the Employer has demanded, agreed to be paid at a later stage, or accepted unjust interests from such Agency(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 present Act or the regulations promulgated pursuant to Paragraphs 2 or 3 of Article 48 or Article 49;
15. Other than the above, the Employer has been in serious violation of applicable laws and regulations protecting labor.

For the purpose of this Article, the circumstances as referred to in Subparagraphs 3 to 15 of Paragraph 1 of this Article shall be limited to those have arisen or existed within the two (2)-year period prior to the day of application.

The Central Competent Authority shall promulgate the figure or percentage of number as referred to in Subparagraph 3 of Paragraph 1 of this Article.

Article 55
Where employing Foreign Worker(s) to engage in work as referred to in Subparagraphs 8 to 10 of Paragraph 1 of Article 46, the Employer shall pay Employment Security Fees into the specific account for Employment Security Fund as established by the Central Competent Authority to be utilized for the purposes of processing matters regarding promotion of employment of nationals, enhancement of labor welfare, and handling the employment and administration of Foreign Workers.

The Employer is exempted from paying the Employment Security Fees as required in accordance with Paragraph 1 of this Article as long as the Employer duly reported pursuant to the applicable legal procedures the fact that the employed Foreign Worker had been unjustifiably absent from his/her work and had not been in contact for three (3) consecutive days or that the Employment regarding the employed Foreign Worker had been terminated, and as a result thereof the Employment Permit was annulled

Where Employer fails to pay off the Employment Security Fees within the specified period, an extension thereof for thirty (30) days may be granted; where Employer fails to pay off the said Fees within the grace period, a late payment fine of one percent (1%) of the outstanding accrued Fees shall be levied per day from the day following the expiration of the grace period until the day prior to the complete payment thereof; the aggregate sum of such fine shall not exceed the full amount of the outstanding accrued Employment Security Fees.

Should Employer fail to pay off the said Fees by the end of thirty (30) days after the late payment fine was levied daily as referred to in Paragraph 3 of this Article, the Central Competent Authority shall thereafter seek legal compulsory proceedings to collect the then unpaid Fees as well as the late payment fine levied but yet paid, and annul in whole or in part his/her Employment Permit.

The Central Competent Authority shall collaborate with the relevant organ(s)/organization(s) to promulgate the amount of the Employment Security Fees to be charged and the regulations regarding the revenues and expenditures, safeguard, and utilization of the Employment Security Fund as referred to in 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 (3) consecutive days or should the employment of a Foreign Worker be terminated, the Employer shall notify in writing the local Competent Authority(s) and the Police of such event within three (3) days thereafter.

Article 57
As for employment of Foreign Worker(s), Employer shall not engage in any of the following:
1. Employing a Foreign Worker without Permit or after the expiration of Permit therefor, or a Foreign Worker that has been permitted to be employed at the same time by a third party;
2. Employing in the name of the Employer a Foreign Worker, but in reality causing that Foreign Worker engage in work for a third party;
3. Appointing the employed Foreign Worker to engage in work that is not within the sphere of the Permit;
4. Commanding, without permission therefor, an Foreign Worker who is employed to engage in the work as referred to in Subparagraphs 8 to 10 of Paragraph 1 of Article 46 to change his/her work place;
5. Failing to arrange for the employed Foreign Worker to undergo health examinations or failing to submit the health examinations report(s) to the Competent Health Authority(s) in accordance with the applicable laws and regulations;
6. Dismissing or laying off national worker(s) as a result of having employed Foreign Worker(s) by the Employer;
7. Exerting coercion, threat, or any other illegal means upon the employed Foreign Worker(s) to enforce him/her/them to engage in work contrary to his/her/their free will;
8. Illegally withholding the passport(s)/ residence certificate(s) of Foreign Worker(s) or embezzling belongings of Foreign Worker(s);
9. Having violated, other than the above, the provision(s) of the present Act or the regulations promulgated pursuant to the present Act.

Article 58
Where a Foreign Worker has departed from the territory of the Republic of China or deceased within the duration of the Employment Permit due to reason(s) not attributable to his/her Employer, the Employer may apply to the Central Competent Authority for replacement thereof.

The duration of the permitted replacement as referred to in Paragraph 1 of this Article shall be restricted to the remainder of the original duration of the Employment Permit regarding the replaced Foreign Worker; the application for replacement shall not be permitted should the remainder of the said original duration be less than six (6) months.

Article 59
Should any of the following circumstances have arisen or existed, the Foreign Worker employed to engage in work as referred to in Subparagraphs 8 to 11 of Paragraph 1 of Article 46 may transfer to work for a new Employer or to engage in new work upon the authorization of the Central Competent Authority:
1. His/Her original Employer or the One who was intended to be taken care of by the employed Foreign Worker has deceased or emigrated;
2. The vessel he/sher works on has been seized, has sunk, or has been under repair so as to compel the discontinuation of the work;
3. The discontinuation of the work caused by the fact that His/Her original Employer has shut down the factory, suspended the business, or failed to pay the wage/salary pursuant to the employment contract resulting in the termination thereof;
4. Other than the above, similar circumstances not attributable to the employed Foreign Worker.

The Central Competent Authority shall promulgate the procedures governing the transfer to a new Employer or new work as referred to in Paragraph 1 of this Article.

Article 60
Should an employed Foreign Worker be dispatched out of the territory of the Republic of China by the Police in accordance with the applicable laws and regulations, his/her Employer shall pay the travel expenses required for such dispatch and the necessary expenses for the detention prior to the departure.

The expenses as referred to in Paragraph 1 of this Article shall be advanced by the Employment Security Fund to be repaid by the Employer, upon which the Competent Authority administering the said Fund shall notify the Employer of such and specify a certain period of time for the Employer to reimburse the Fund the advanced money; should the Employer fail to make the reimbursement within the specified time limit, the said Competent Authority shall seek legal compulsory proceedings to collect therefor.

Where Employer has paid the Bond pursuant to Paragraph 3 of Article 55 of the previous version of the present Act prior to its amendment, the duration of Employment Permit then expires or the Employment Permit is then annulled by the Competent Authority after the entry into force of the present Act as amended, and the employed Foreign Worker has thereby departed from the territory of the Republic of China or has thereby transferred to a new employer, the original Employer may submit the relevant certifying document(s) and apply to the Central Competent Authority for return of said Bond.

Article 61
Should an employed Foreign Worker decease during the duration of the employment contract, his/her Employer shall deal on behalf of the deceased with and be responsible for the relevant funeral matters.

Article 62
The Competent Authorities, the Police or Coastal Patrol and Defense Agencies may appoint personnel to carry certificates and conduct inspections in places where Foreign Worker(s) engage(s) in work or places suspected of having Foreign Worker(s) illegally engaged in work therein.

No Employer may evade, impede, or refuse the inspections as referred to in Paragraph 1 of this Article.

CHAPTER 6　PENAL PROVISIONS

Article 63
Anyone that violates Article 44, or Subparagraph 1 or 2 of Article 57 shall be fined therefor an amount of at least one hundred and fifty thousand New Taiwan Dollars (NT$ 150,000) and at most seven hundred and fifty thousand New Taiwan Dollars (NT$ 750,000); anyone with a recurrent violation of the same provision above-mentioned within five (5) years shall be imprisoned for a term of at most three (3) years, or detained for hard labor, and/or penalized for an amount of at most one million and two hundred thousand New Taiwan Dollars (NT$ 1,200,000).

Where the representative of a legal person or the agent, employee or other staff member of a legal or natural person engages in that capacity in business operations which violate the provisions of Article 44 or Subparagraph 1 or 2 of Article 57, not only the culprit himself shall be punished in accordance with Paragraph 1 of this Article, but the legal or natural person concerned shall also be levied therefor the fines or pecuniary penalties as referred to in the same Paragraph of the same Article.

Article 64
Anyone that violates the provisions of Article 45 shall be fined therefor an amount of at least one hundred thousand New Taiwan Dollars (NT$ 100,000) and at most five hundred thousand New Taiwan Dollars (NT$ 500,000); anyone with a recurrent violation within five (5) years shall be imprisoned for a term of at most one (1) year, or detained for hard labor, and/or penalized for an amount of at most six hundred thousand New Taiwan Dollars (NT$ 600,000).

Anyone that violates the provisions of Article 45 with the intention of making profits therefrom shall be imprisoned for a term of at most three (3) years, or detained for hard labor, and/or penalized for an amount of at most one million and two hundred thousand New Taiwan Dollars (NT$ 1,200,000).

Where the representative of a legal person or the agent, employee or other staff member of a legal or natural person engages in that capacity in business operations which violate the provisions of Article 45, not only the culprit himself shall be punished in accordance with Paragraphs 1 to 3 of this Article, but the legal or natural person concerned shall also be levied therefor the fines or pecuniary penalties as referred to in the respective Paragraphs of the same Article.

Article 65
Anyone that 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 therefor an amount of at least three hundred thousand New Taiwan Dollars (NT$ 300,000) and at most one million and five hundred thousand New Taiwan Dollars (NT$ 1,500,000).

Anyone that engages in Employment Services businesses without Permit therefor 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 that violates Subparagraph 5 of Article 40 shall be fined therefor an amount of at least ten (10) times up to twenty (20) 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 that engages in Employment Services businesses without Permit therefor and in violation of Subparagraph 5 of Article 40 shall be punished in accordance with Paragraph 1 of this Article.

Article 67
Anyone that violates Subparagraph 2 or 3 of Paragraph 2 of Article 5, Article 10, Paragraph 1 of Article 36, Article 37, Article 39, Subparagraph 1, 3, 4, 6, or 10 to 15 of Article 40, Subparagraph 5, 8, or 9 of Article 57 or Paragraph 2 of Article 62 shall be fined therefor an amount of at least sixty thousand New Taiwan Dollars (NT$ 60,000) and at most three hundred thousand New Taiwan Dollars (NT$ 300,000).

Anyone that engages in Employment Services businesses without Permit therefor and in violation of Subparagraph 1, 3, 4, 6 or 10 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, Article 56, Subparagraph 3 or 4 of Article 57, or Article 61 shall be fined therefor an amount of at least thirty thousand New Taiwan Dollars (NT$ 30,000) and at most one hundred and fifty thousand New Taiwan Dollars (NT$ 150,000).

Anyone that violates Subparagraph 6 of Article 57 shall be fined therefor an amount of at least twenty thousand New Taiwan Dollars (NT$ 20,000) and at most one hundred thousand New Taiwan Dollars (NT$ 100,000) per national worker so dismissed or laid off.

Any Foreign Worker that violates Article 43 shall be immediately ordered to depart from the territory of 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 the 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 territory of the Republic of China by the end of the specified period, the Police may enforce such departure and may provide therefor provisional shelter prior to deportation.

Article 69
Where any of the following circumstances has arisen or existed, the Competent Authority(s) shall order Private Employment Services Agency concerned to suspend its operation for at most one (1) year:
1. The said Agency has violated either Subparagraph 4 to 6 or 8 of Article 40 or Article 45;
2. After having been consecutively fined three (3) times for the same violation, the said Agency has not yet rectified by further committing the violation;
3. The said Agency has been fined for four (4) or more times within one (1) year.

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 Agency concerned:
1. The said Agency has violated Article 38, Subparagraph 2, 7, 9 or 14 of Article 40;
2. The said Agency has been ordered to suspend its operation for two (2) or more times within one (1) year.

Where the Operation Permit for a Private Employment Services Agency has been annulled, the Competent Authority(s) shall reject any further application for establishment of another such Agency by the person in charge of the said Agency or by its representative within two (2) years of such annulment.

Article 71
Should any member of Professional Employment Services Staff violate Article 37, the Central Competent Authority may annul the certificate(s) therefor.

Article 72
Where any of the following circumstances has arisen or existed, the Employer’s Recruitment Permit and Employment Permit shall be annulled in whole or in part:
1. Any of the circumstances as referred to in the respective Subparagraphs of Paragraph 1 of Article 54 has arisen or existed;
2. Any of the circumstances as referred to in Subparagraphs 1, 2, and 6 to 9 of Article 57 has arisen or existed;
3. The Employer has failed to rectify within the specified period any of the circumstances as referred to in Subparagraphs 3 and 4 of Article 57;
4. After having been notified by the Competent Health Authority(s) of the circumstances as referred to in Subparagraph 5 of Article 57, the Employer has failed to make the arrangement(s) or submission of the report(s);
5. The Employer has violated any of the provisions of Article 60.

Article 73
Where any of the following circumstances has arisen or existed with respect to a Foreign Worker, the Employment Permit therefor shall be annulled:
1. The employed Foreign Worker has engaged in work for an Employer who is not stated in the Permit;
2. The employed Foreign Worker has engaged, without being appointed by his/her Employer, in work on his/her own initiative that is not within the sphere of the Permit;
3. The employed Foreign Worker has been unjustifiably absent from his/her work and not in contact for three (3) consecutive days or the employment has been terminated;
4. The employed Foreign Worker has refused to undergo health examinations, submitted fake health examination sample(s), or failed health examinations, or his/her mental and/or physical condition(s) are/is not qualified for the assigned work, or he/she has been infected with any of the contagious diseases that have been listed and published by the Central Competent Health Authority(s);
5. The employed Foreign Worker has been in serious violation of the regulations promulgated pursuant to Paragraph 2 or 3 of Article 48 or Article 49;
6. Other than the above, the employed Foreign Worker has been in serious violation of applicable laws and regulations in the Republic of China;
7. The employed Foreign Worker has refused to submit any information as required by applicable laws and regulations, or has submitted false information in violation of the applicable laws and regulations;

Article 74
Unless otherwise provided for in the present Act, upon the expiration of the duration of Employment Permit or the annulment of said Permit in accordance with Article 73, the employed Foreign Worker concerned shall be immediately ordered to depart from the territory of the Republic of China and be barred from further engaging in work in the said territory.

Where an employed Foreign Worker has been unjustifiably absent from his/her work and not in contact for three (3) consecutive days, the Competent Authority(s) administering the entry/exit businesses may, prior to the annulment of Employment Permit therefor, immediately order him/her to depart from the territory of the Republic of China.

Where any of the following circumstances has arisen or existed, the provision regarding immediate order of departure as referred to in Paragraph 1 of this Article is inapplicable:
1. With respect to the employment of Foreign Students, Oversees Chinese Students or Foreign Students of Chinese Origin in accordance with the present Act, the duration of Employment Permit therefor has expired or any of the circumstances as referred to in Subparagraphs 1 to 5 of Article 73 has arisen or existed;
2. During the duration of the Employment Permit, the employed Foreign Worker, having failed to undergo health examinations in accordance with the applicable laws and regulations or having once failed such examinations, but has passed further health examinations authorized to be so conducted by Competent Health Authority(s).

Article 75
The fines as provided for in the present Act shall be levied by the Competent Authorities at the Municipal level and County/City level.

Article 76
Should the fines levied in accordance with the present Act not be paid within the specified period, legal compulsory proceedings to enforce the then unpaid Fines shall be sought.

CHAPTER 7　SUPPLEMENTARY PROVISIONS

Article 77
Where a Foreign Worker has been permitted in accordance with the applicable laws and regulations to be employed to engage in work in the territory of the Republic of China prior to the entry into force of the present Act as amended, should the duration of the original Permit therefor have not expired after the said entry into force, application for Permit in accordance with the provisions of the present Act as amended is exempted prior to the expiration of the said duration.

Article 78
Should it be necessary to engage in work in the territory of the Republic of China for foreign person(s) as family member(s) of the staff of Foreign Embassies/Consulates, Foreign Agencies, and international organizations stationed in the Republic of China or foreign person(s), other than the above, who is/are ad hoc reported by the Ministry of Foreign Affairs to the Central Competent Authority, such foreign person(s) shall apply to the said Ministry for Permit therefor.

The provisions of Articles 46 to 48, 50, 52 to 56, 58 to 61, and 74 are inapplicable to the foreign person(s) as referred to in Paragraph 1 of this Article who engage(s) in work in the territory of the Republic of China.

The Ministry of Foreign Affairs shall collaborate with the Central Competent Authority to promulgate the regulations regarding the issuance and annulment of such Permit and other matters related to the employment and administration thereof.

Article 79
The provisions of the present Act regarding Foreign Workers shall be applicable to the employment of stateless persons as well as nationals of the Republic of China also possessing the nationality of foreign country(s) but with no permanent residence in the territory of the Republic of China.

Article 80
Unless otherwise provided for in the applicable laws and regulations, the relevant provisions in Chapter 5 of the present Act shall govern, as the nature of the matter involved therein sees fit, the employment of Mainland China residents to engage in work in the territory of the Republic of China and the administration thereof.

Article 81
Competent Authorities, when processing applications for Permits and issuing Permits and other certificates in accordance with the present Act, shall charge examination fees and certificates fees therefor; the Central Competent Authority shall promulgate the amount of the related charges.

Article 82
The Central Competent Authority shall promulgate the Enforcement Rules of the present Act.

Article 83
The present Act, except for Paragraphs 1 to 3 of Article 48 amended on January 21, 2002 the date of entry into force of which is to be determined by the Executive Yuan’s administrative order(s), and the article(s) amended on May 5, 2006 of which take effect upon July 1, 2006, the others shall take effect upon the first day since its promulgation.