Article Content

  Chapter I General Provisions

Article 1
These Regulations are drawn upon in accordance with Paragraph 3 of Article 34 and Paragraph 2 of Article 40 of the Employment Services Act (hereinafter referred to as the Act).
Article 2
The private employment services institution prescribed in the Act is classified for the purpose of establishment as the profit employment services institution and the non-profit employment services institution, and which respectively means:
1. The profit employment services institution: company established under the Company Act or business entity established under the Business Entity Registration Act that are being or intended to be engaged in business activities of employment services.
2. The non-profit employment services institution: corporate body established under related acts, civilian organization based on the purposes of public interests, or other organization based on purposes excluding for profit that are being or intended to be engaged in business activities of employment services.
Article 3
The other employment service matters designated by the central competent authorities in Article 35, Section 1, and paragraph 4 of the Act are as follows:
I. Commissioned by the employers to arrange the recruitment of foreigners, immigration, employment renewal and recruitment licenses, work permits, employment permits, employment permit extensions, vacancy replacement, change of employers, conversion of work, change of employment permit matters, and notifying and reporting foreigner’s left without permission and contract loss for three consecutive days.
II. Commissioned by the employers or foreigners to take care of the foreigner’s living arrangement in the territory of the Republic of China, arrange their entry and departure and health checkups, and report their health examination results to the competent health authorities, including consulting, counseling, and translation.
Article 4
The private employment services institution when collecting fees shall issue receipts and keep counterfoils of the receipts.
The placement fee shall be collected only after the date of employment contract validity.
Any incidents or events attributed to the job seeker occur within forty days since the date of employment contract validity, and lead to the termination of employment contract, the employer concerned may demand the private employment services institution to re-refer once with no charge or refund fifty percent of previously paid placement fee.
Any incidents or events attributed to the employer occur within forty days since the date of employment contract validity, and lead to the termination of employment contract, the job seeker concerned may demand the private employment services institution to re-refer once with no charge or refund fifty percent of previously paid placement fee.
Either a job seeker or an employer who has paid the registration fee may demand the private employment services institution to make referral three times within six months, unless the employment contract is in validity or the period of recruitment is terminated after referral.
Article 5
The Employment Services Professional Personnel prescribed in Article 36 of the Act shall possess one of the following qualifications:
1. The person has obtained a test passing evidence issued by the Central Competent Authority and obtained the certificate of Employment Services Professional Personnel.
2. The person has qualified for Skills Certificate of Employment Services Occupation, obtained a Technician Certificate issued by the Central Competent Authority and obtained the certificate of Employment Services Professional Personnel.
The person who participate the certification of Technician Certificate of Employment Services Occupation shall possess qualifications of being a graduate of domestic or foreign Senior High/Vocational School or above that are registered or recognized by the Department of Education or having the qualification of equivalent intellectual capacity and scholastic achievements.
Article 5-1
Employment Services Professional Personnel is restricted to obtain one (1) certificate of Employment Services Professional Personnel.
Employment Services Professional Personnel whose certificate has been abolished in accordance with Article 71 of the Act shall not apply for issuing certificate within two years since the date of abolishment.
Those persons who have obtained a valid certificate of Employment Services Professional Personnel after the amendment of these Regulations on Jan. 13, 2004, their certificates shall be replaced by the Central Competent Authority.
Article 6
The number of Employment Services Professional Personnel prescribed in Article 36 of the Act denotes the following:
1. The private employment services institution with no more than five employees shall be staffed by at least one (1) Employment Services Professional Personnel.
2. The private employment services institution with more than six employees but less than ten shall be staffed by at least two (2) Employment Services Professional Personnel.
3. The private employment services institution with more than ten employees shall be staffed by at least three (3) Employment Services Professional Personnel, and one (1) additional Employment Services Professional Personnel shall be staffed for every ten employees counted from the eleventh person.
The Employment Services Professional Personnel staffed by private employment services institutions or their branches in accordance with the provisions prescribed in the previous Paragraph, who have been counted as Employment Services Professional Personnel of other private employment services institutions or their branches, shall not be counted as the number of Employment Services Professional Personnel denoted in the previous Paragraph, nor shall they conduct the duties prescribed in Subparagraph 4 in Paragraph 1 of Article 7.
Article 7
Employment Services Professional Personnel shall perform the following duties:
1. Manage and analyze occupational attitude.
2. Assist to confirm employment consultation of career development plans.
3. To examine each application document relating to business activities of employment services undertaken by the private employment services institution at which the person works.
4. To endorse in accordance with regulations on each employer-related application document or form.
Employment Services Professional Personnel shall duly and sincerely perform the duties prescribed in previous Paragraph.
Article 8
Documents and information prescribed in Article 39 of the Act include the following:
1. List of employees: The information on each employee’s name, number of National Identification Card, sex, address, telephone number and arrival and/or resignation date, etc., shall be recorded.
2. Counterfoil of all kinds of fee’s receipt, including counterfoils of receipts prescribed in Paragraph 1 of Article 4.
3. Accounting books.
4. Job-seeking registration and recruitment registration forms: The information on job seeker or employer’s designation, address, telephone number, registration date and job-seeking or recruitment terms and conditions, etc., shall be recorded.
5. Job-seeking and recruitment situation tables.
6. Written contracts with employer and job seeker.
7. When matchmaking (helping? See Article 11) foreign persons to conduct the works referred to in Subparagraphs 8 to 11 in Paragraph 1, Article 46 of the Act, those foreign persons’ report records and those foreign persons’ fee charge of entering the Republic of China to work and wage affidavits.
8. Other documents and information required by the competent authorities.
Documents and information prescribed in previous Paragraph shall be retained for five years.
Article 9
The private employment services institution when accepting job-seeking registration or making referral shall not be engaged in the following activities:
1. To refer a child worker of more than fifteen but less than sixteen years of age to do heavy and hazardous work.
2. To accept job-seeking registration of or refer a person below fifteen years of age, unless the person concerned is a graduate of junior high school or by nature and circumstances the work in confirmed by the competent authorities to be such that it will do no harm to the person’s physical and mental health.
3. To refer a person less than sixteen years of age and with no consent letter and age certificate from his/her guardian.
Article 10
The private employment services institution unless permitted shall not establish branch(s) in any forms to carry on business activities of employment services.