Article Content

Title:
Employment Service Act ( 2025.01.20 Modified )Ch

  Chapter Ⅳ Private Employment Services

Article 34
(Ⅰ)Private employment services institutions, including any branches, must apply to the competent authorities for approval before establishment. These institutions are prohibited from engaging in employment services businesses without first obtaining an operation permit, which must be periodically renewed.
(Ⅱ)Institutions or organizations that do not require an operation permit include: schools or vocational training agencies established under applicable laws and regulations; institutions or organizations entrusted by governmental organs to provide training and employment services. The aforementioned exempted entities are permitted to offer free-of-charge employment services to their graduates, post-training trainees, or job applicants without an operation permit.
(Ⅲ)The Central Competent Authority shall establish regulations concerning: the requirements for obtaining an operation permit; the duration and renewal of operation permits; the termination of operation permits; other regulatory matters related to operation permits for private employment services institutions and their branches, as mentioned in Paragraph 1.
Article 35
(Ⅰ)Private employment services institutions are permitted to engage in the following employment services businesses:
1. Job placement or human resources agency services.
2. Being entrusted to recruit employees.
3. Providing employment counseling or psychological testing to assist individuals in career development planning.
4. Other employment services businesses as may be specified by the Central Competent Authority.
(Ⅱ)Private employment services institutions are authorized to collect fees for the employment services provided as outlined in Paragraph 1.The Central Competent Authority shall establish regulations regarding the items and amounts of fees that may be charged for these services.
Article 36
(Ⅰ)Private employment services institutions are required to employ a prescribed number of qualified professional employment services staff.
(Ⅱ)The specific qualifications and required number of professional employment services staff in Paragraph 1 will be stipulated in the "Regulations on the Permission and Administration of Private Employment Services Institutions."
Article 37
Members of the professional employment services staff are expressly prohibited from engaging in the following activities:
1.Permitting others to conduct employment services businesses under their name.
2.Engaging in employment services businesses in a manner that contravenes applicable laws and regulations.
Article 38
Private employment services institution that processes any of the following agency businesses shall organize and register as a for-profit corporation corporation. However, a non-profit 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 in the Republic of China;
2.Introducing Hong Kong, Macau, or Mainland China resident(s) to work in the Republic of China; or
3.Introducing nationals to work outside the Republic of China.
Article 39
Private Employment services institutions shall prepare and keep all the relevant documents and materials in accordance with the applicable laws and regulations for inspection by competent authorities, and shall not evade, impede, or refuse any such inspection.
Article 40
(Ⅰ)Private employment service institutions and their staff members are strictly prohibited from engaging in the following practices:
1. Conducting agency businesses without a legally binding written contract with employers or job applicants.
2. Making false advertisements or disclosures, or violating advertisement specifications outlined in Article 5, Paragraph 1.
3. Unlawfully withholding any job applicant's personal identification documents.
4. Retaining job applicant's personal belongings or demanding bonds for job referral services.
5. Excessively charging fees, accepting unjust interest, or engaging in other unfair financial practices.
6. Offering or delivering unjust benefits.
7. Referring job applicants to employment that violates public order or accepted moral standards.
8. Submitting false information or fraudulent health examination samples in foreign worker employment processes.
9. Engaging in threats, fraud, embezzlement, or betrayal in employment services activities.
10. Withholding documents or identification unlawfully from employers or employees.
11. Falsifying or providing inaccurate information on reporting forms required by competent authorities.
12. Failing to adhere to legal requirements for business alterations, suspensions, or permit renewals.
13. Not displaying necessary operation permits, fee schedules, or staff certifications as required by law.
14. Resuming business operations before the end of a suspension period imposed by competent authorities.
15. Neglecting due diligence, leading to legal violations or damage to labor or employer interests.
16. Renting, subleasing, or improperly transferring operation permits or staff certificates.
17. Situations where a significant number or percentage of foreign workers recruited become untraceable within a specified timeframe after entry into the country, with specific numbers and percentages to be determined by the Central Competent Authority.
18. Engaging in sexual assault, human trafficking, serious personal offenses, or acts of severe injury or homicide against job applicants or foreign workers.
19. It is mandatory for private employment services institutions to report any suspicions that a foreign worker they have placed is a victim of sexual assault, human trafficking, offenses against personal liberty, severe injury, or homicide. These offenses may be committed by the employer, their family members, or any representatives or personnel managing labor affairs on behalf of the employer. Such reports must be made to the competent authority, entry and exit administrative authority, police, or other judicial authorities within 24 hours of acknowledging the suspicion.
20. Any other conduct that violates this Act or orders issued pursuant to it.
(Ⅱ)Matters such as the number of persons, ratios, and verification methods referred to in sub-paragraph 17 of the preceding paragraph shall be determined by the central competent authority.
Article 41
When entrusted with publishing or disseminating recruitment advertisements, private employment services institutions must retain detailed records of the entrusting employer (including name, residence, telephone numbers, and identification/business registration numbers) for two months from the date of advertisement. These records must be made available for inspection by competent authorities, and institutions are prohibited from evading, impeding, or refusing such inspections.