Article Content

Employment Service Act ( 2018.11.28 Modified )Ch

  Chapter Ⅰ General Provisions

Article 1
The Act is enacted to promote employment of nationals with a view to enhance social and economic development. Matters not prescribed in the Act shall be governed by other statutes.
Article 2
For the purposes of the 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 institution" means an agency which provides employment services; a public employment services institution is one established by governmental organ(s), while a private employment services institution is one established by private individual(s) or non-governmental organization(s).
3.The term "employer" means the person who assigns or hires employees to work.
4.The term "Senior or Mid-Aged Persons" means nationals aging from forty-five to sixty-five.
5.The term "long-term unemployed" means the insured person who has been unemployed for a year, and his/her accumulated at least 6 months of insurance enrollment within the day of the most recent 3 years before he/she suspended the coverage of the insurance and has registered for job seeking in public employment service agencies within a month.
Article 3
Every national is free to choose his/her occupation unless otherwise is prohibited or restricted by the law.
Article 4
Every national with working capability 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, 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 6
Article 6 For the purposes of the Act, the term "competent authority(ies)" refers to the Ministry of Labor at the central government level, the municipal city government(s) at the municipal level, and the county/city government(s) at the County/City level.
Regarding employment services to indigenous peoples, the Central Competent Authority shall collaborate with the Council of Indigenous Peoples of the Executive Yuan.
The Central Competent Authority shall be in charge of the following:
1.Nationwide employment policy-making, submitting proposed statute to the legislature body for enactment, promulgating regulations and making plans/programs on a nationwide basis;
2.Provision of information regarding the nationwide 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 a private employment services institution that engages in any of the following agency businesses:
(1) Introducing foreign worker(s) to work in the region of Taiwan;
(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.
7.Other matters regarding nationwide employment services to nationals and employment promotion.
The competent authority(ies) at the municipal and county/city levels shall be in charge of the following:
1.Determination of employment discrimination;
2.Administration and examination of foreign worker(s) to work in the Republic of China;
3.Issuance, suspension, and termination of permit(s) of a private employment services institution that introduces nationals to work in the Republic of China;
4.Administration of a private employment services institution 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
The competent authority(ies) may invite representatives of labor, employers, and governmental officials, together with scholars and experts, to review and consult matters regarding employment services and employment promotion. Among the representatives, labor, employers, and scholars and experts shall be no less than one half of the participants.Any one of the gender of the representatives as referred to in paragraph 1 shall be no less than one third.
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 therefore.
Article 9
Either employment services institution or the personnel thereof shall not 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 institution(s) shall not refer any job applicant to work in such a place during the period in which the strike is being staged or 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 or more workers in the business entity who are involved in the industrial dispute, or, in the case of less than ten such workers, the number of one-third or more of the workers in the work place subject to such a dispute.
Article 11
The competent authority(ies) 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 separately prescribed by the Central Competent Authority.