Article Content

Title:
Employment Service Act ( 2025.01.20 Modified )Ch

  Chapter Ⅵ Penal Provisions

Article 63
(Ⅰ)Violations of Article 44 or Subparagraph 1 or 2 of Article 57 will incur a fine ranging fromNT$150,000 to NT$750,000. In cases of recurrent violations of the same provisions within a five-year period, the offender may be subject to imprisonment for up to three years, detention with hard labor, and/or a fine of up to NT$1,200,000.
(Ⅱ)If the representative of a legal person or an agent, employee, or other staff member of a legal or natural person commits a violation of Article 44 or Subparagraph 1 or 2 of Article 57 in a business capacity, both the individual offender and the respective legal or natural person will be penalized. The penalties will include the fines or pecuniary penalties as outlined in Paragraph 1,applicable to both the individual and the legal or natural entity involved in the violation.
Article 64
(Ⅰ)Violations of Article 45 will incur a fine ranging from NT$100,000 to NT$500,000. In cases of recurrent violations within a five-year periods, offenders face imprisonment of up to one year, detention with hard labor, and/or a fine of up toNT$600,000.
(Ⅱ)If the violation of Article 45 is committed with the intention of making a profit, the offender may be imprisoned for up to three years, detained with hard labor, and/or face a fine of up toNT$1,200,000.
(Ⅲ)If the representative of a legal person or an agent, employee, or other staff member of a legal or natural person commits a violation of Article 45 in a business capacity, both the individual offender and the respective legal or natural person will be subject to penalties. These penalties include the fines or pecuniary penalties outlined in Paragraphs 1 and 2, applicable to both the individual and the legal or natural entity involved in the violation.
Article 65
(Ⅰ)Any individual who violates of the provisions specified in Paragraph 1, Subparagraphs 1, 4 or 5 or Paragraph 2 of Article 5, Paragraph 2 of Article 34, or Subparagraphs 2, 7, 8, 9 or 18 of Paragraph 1, Article 40 shall be fined therefore an amount of at least NT$300,000 and at most NT$1,500,000.
(Ⅱ)Violations of the provisions specified in Subparagraphs 2, 7, 8, 9 or 18 of Paragraph, Article 40 by those engaging in employment services businesses without permit shall be punished in accordance with Paragraph 1 of Article 65.
(Ⅲ)For violations of Paragraph 1 of Article 5, the competent authority at the municipal and county/city government level shall have the employer’s name or title and the person-incharge put on public notice, and shall order the employer to make improvements within a specified period; failure to make improvements shall result in consecutive fines for each violation upon expiration of the aforementioned period.
Article 66
(Ⅰ)Any individual who violates Subparagraph 5 of Paragraph 1 of Article 40 by demanding, agreeing to receive later, or accepting fees or interests beyond the prescribed standards will be fined an amount at least ten times and up to twenty times the amount of the excess fees or unjust interest involved.
(Ⅱ)Individuals engaging in employment services businesses without the necessary permit, in violation of Subparagraph 5 of Paragraph 1 of Article 40, will be subjected to the penalties outlined in Paragraph 1.
Article 67
(Ⅰ)Any individual 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.
(Ⅱ)Individuals engaging in employment services businesses without the necessary permit, 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
(Ⅰ)Any individual who 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 an amount of at least NT$30,000 and at most NT$150,000.
(Ⅱ)Any individual that violates Subparagraph 6 of Article 57 shall be fined an amount of at least NT$20,000 and at most NT$100,000 per national worker so dismissed or laid off.
(Ⅲ)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 territory.
(Ⅳ)Where a foreign worker has violated the provisions of Article 43 or where any of the circumstances referred to in Paragraphs 1 and 2 of Article 74 has arisen or existed, but said 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 provide provisional shelter prior to deportation.
Article 69
The competent authority may order a private employment services institution to suspend its operations for up to one year if any of the following circumstances arise or exist:
1. The institution violates Subparagraphs 4 to 6 or 8 of Paragraph 1 of Article 40 or Article 45.
2. The institution commits the same violation again after being fined three consecutive times for that violation and fails to rectify the issue.
3. The institution receives four or more fines within a one-year period.
Article 70
(Ⅰ)The competent authority may order a private employment services institution to annul the operation permit of the private employment services institution concerned if any of the following circumstances arise or exist:
1. The institution violates Article 38, Subparagraphs 2, 7, 9 14, or 18, Paragraph 1 of Article 40; or
2. the institution has been ordered to suspend its operation for two or more times within one year.
(Ⅱ)In cases where the operational 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 or by its representative within five years of such annulment.
Article 71
If a member of the professional employment services staff violates the provisions of Article 37, the Central Competent Authority is authorized to annul the individual's professional certification.
Article 72
The employer’s recruitment permit and employment permit shall be annulled in whole or in part if any of the following circumstances arise or exit:
1.Any of the circumstances specified in the respective Subparagraphs of Paragraph 1 of Article 54 has arisen or existed.
2.Any of the circumstances specified 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 in 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 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); or
5.The employer has violated the provisions of Article 60.
Article 73
In case any of the following occurs with respect to a foreign worker, the employment permit shall be annulled:
1.The employed foreign worker has engaged in work for an employer who is not identified in the permit.
2.The employed foreign worker has engaged, without being appointed by his/her employer, in work on their own initiative that is not within the scope of the permit;
3.The employed foreign worker has been unjustifiably absent from their work and has not been in contact for three consecutive days or if 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 their mental and/or physical condition(s) are/is not qualified for the assigned work, or they have been infected with any of the contagious diseases listed and announced by the central competent health authority.
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
(Ⅰ)Unless otherwise stated in the Act, foreign workers must depart from the Republic of China immediately upon the expiration of their employment permit or its annulment according to Article 73. They are also barred from further employment within the territory.
(Ⅱ)If a foreign worker is unjustifiably absent from work for three consecutive days, the competent authority managing entry/exit matters may order the worker to depart from the Republic of China immediately, even before the formal annulment of their employment permit.
(Ⅲ)The immediate departure order as mentioned in paragraph (a) does not apply in the following circumstances:
1.For foreign students, overseas Chinese students, or foreign students of Chinese origin employed under the Act, if the employment permit has expired or any conditions from Subparagraphs 1 to 5 of Article 73 have occurred.
2.During the permit duration, if the foreign worker has initially failed to undergo or failed health examinations as per applicable laws but subsequently passed further health examinations authorized by the Competent Health Authority.
Article 75
The fines stipulated in this Act shall be imposed and collected by the competent authorities at the municipal level and at the county/city level.
Article 76
Should the fines imposed in accordance with the present Act are not paid within the specified period, legal proceedings will be initiated to enforce the collection of unpaid fines.