Article Content

Title:
Employment Service Act ( 2018.11.28 Modified )Ch

  Chapter Ⅳ Private Employment Services

Article 34
Private employment services institution 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 institution 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 institution (s) or organization(s) entrusted by the 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 prescribe regulations regarding the requirements, periods, termination, renewal, and other regulatory matters in respect of operation permit issued to the private employment services institution and its branch(es) as referred to in paragraph 1 of this article.
Article 35
Private employment services institution 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 to be 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 institution may collect fees incurred by processing the employment services businesses as referred to in paragraph 1 of this article; the Central Competent Authority shall prescribe the items and amounts of the relevant fees to be charged.
Article 36
Private employment services institution shall have 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 prescribed for in the Regulations on the Permission and Administration of Private Employment Services Institutions.
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 institution 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 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 institution shall prepare 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 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.
Article 41
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.