Article Content

  Chapter II Permission and Alteration of Private Employment Services Institution

Article 11
The for-profit employment services institution engaged in helping recruit domestic persons to work domestically shall have five hundred thousand New Taiwan dollars as minimal amount of net-receipt capital, and add up additional two hundred thousand New Taiwan dollars to the amount of capital when establishing each branch unless its original amount of net-receipt capital is equal to the amount of net-receipt capital required for establishing branch(s).
The for-profit employment services institution engaged in helping recruit foreign persons to work in the Republic of China, or helping in accordance with regulations residents in Hong Kong or Macao or persons from the Mainland China to work in Taiwan area or domestic persons to work outside Taiwan area shall have five million New Taiwan dollars as minimal amount of net-receipt capital, and add up additional two million New Taiwan dollars to the amount of capital when establishing each branch office unless its original amount of net-receipt capital is equal to the amount of net-receipt capital required for establishing branch(s).
The non-profit employment services institution engaged in helping recruit foreign persons to work in the Republic of China, or helping in accordance with regulations residents in Hong Kong or Macao or persons from the Mainland China to work in Taiwan area or domestic persons to work outside Taiwan area shall be limited to the following:
1. The foundation or the charitable corporation that has been registered with the competent authority for over two years. In case of a charitable corporation, it should be registered as an occupation association or a social association.
2. A national organization has within two years before the date of application been rewarded by the competent authorities or the competent authorities for business objectives or had concrete accomplishments in a way of promoting public interests of the society, employer-employee harmony, or stabilizing social order, etc.
Article 12
Prior to establishing a private employment services institution and its branch(s), the applicant concerned shall apply for permission from the competent authorities in which the private employment services institution is intended to be located, but establishing a private employment services institution for helping recruit foreign persons to work in the Republic of China, or helping in accordance with regulations residents in Hong Kong or Macao or persons from the Mainland China to work in Taiwan area or domestic persons to work outside Taiwan area, the applicant concerned shall apply for permission from the central competent authorities.
When applying for the establishment of a employment services institution and its branch(s), the applicant concerned shall prepare the following documents to apply for the preparatory permission:
1. Application form.
2. Juristic person’s organization charters or partnership contract.
3. Business plan or business execution plan.
4. Schedule of fee-charging items and amounts.
5. Supporting document of amount of net-receipt capital, unless it is a non-profit employment services institution.
6. Other documents required by the competent authorities.
The competent authorities may as if necessary demand the applicant concerned to present original copies of documents prescribed in previous Paragraph for the purpose of examination.
Those obtained a preparatory permission issued by the Central Competent Authority engage in helping recruit foreign persons to work in the Republic of China, or helping in accordance with regulations residents in Hong Kong or Macao or persons from the Mainland China to work in Taiwan area or domestic persons to work outside Taiwan area shall notify the local competent authorities to conduct inspection before they apply for establishment permission.
The inspection items referred to in the previous Paragraph shall be publicly announced by the Central Competent Authority.
Article 13
Upon receiving the preparatory permission to establish a private employment services institution and its branch(s), the applicant concerned shall within three months since the granted date of preparatory permission register the institution under related acts and prepare the following documents to apply for the establishment permission and license from the competent authorities:
1. Application form.
2. List of employees.
3. Photocopies of person with employment services specialty certificate and National Identification Card.
4. Photocopy of company registration, business registration certificate or organization-accredited certificate.
5. Original copy of bank-issued guaranty letter of security, unless it is a branch, a non-profit employment services institution or a profit employment services institution engaged in helping recruit domestic persons to work domestically.
6. Evidence document of genuinely preparatory facts after the local competent authorities have conducted inspection in accordance with regulations referred to in Paragraph 4 of Article 12.
7. Other documents required by the competent authorities.
The competent authorities may as if necessary demand applicant(s) to present original copies of documents prescribed in previous Paragraph for the purpose of examination.
Applicant(s) unable to apply during the period prescribed in Paragraph 1 shall apply in writing for extension from the competent authorities; the period of extension shall be two months in maximum, and the number of times in application for extension shall not exceed once.
Only when an employment services institution has obtained the license after examination and consideration, the permission prescribed in Paragraph 1 and Paragraph 2 of Article 34 is completed.
The private employment services institution permitted by the central competent authorities may undertake the business activities of employment services in helping recruit domestic persons to work domestically
Article 13-1
The competent authorities may by themselves or consign to related institutions (institutes) or organization to conduct evaluation of private employment services institutions, the grades of evaluation include three ranks of A, B and C.
The conducting methods, ranks, standards and methods to praise in public for excellent of the evaluation referred in previous Paragraph shall be publicly announced by the competent authorities.
Article 14
The for-profit private employment services institution engaged in helping recruit foreign persons to work in the Republic of China, or helping in accordance with regulations residents in Hong Kong or Macao or persons from the Mainland China to work in Taiwan area or domestic persons to work outside Taiwan area shall in accordance with Subparagraph 5 of Paragraph 1 of Article 13 submit a bank-issued guaranty letter of security of three million New Taiwan dollars as a guaranty for civil liability.
The for-profit private employment services institution prescribed in previous Paragraph has not been claimed as being liable for any guaranty during the period of license validity and been ranked as grade A in the most recent evaluation, the amount of one million New Taiwan dollars can be deducted form its security each time when a new license is changed and issued; but the amount of security shall not be less than one million New Taiwan dollars after deduction each time.
The for-profit private employment services institution prescribed in Paragraph 1 and Paragraph 2 has been claimed as being liable for any guaranty, and after the security being paid for the guaranty liability if the remaining sum of security is deficient from the legal amount of security, the institution shall make up the deficit within one month since the date of deficiency; the amount of security will be resumed to three million New Taiwan dollars at the date of new license being changed and issued. The central competent authority will abolish the establishment permission of the institution provided that the deficit is not made up.
The guaranty liability of bank-issued guaranty letter of security submitted by the for-profit private employment services institution will be annulled after one year since the date that the institution comes to an end of its business and turn its license, or revoke its license, or its establishment permission has being abolished.
Article 15
The competent authorities shall have the preliminary permits,establishment permit, and/or re- establishment permit applied for by the private employment service agency denied when it falls in one of the following circumstances:
I. Fails to comply with the application requirements of the Law or the this Act;
II. The institution of the heads, managers, directors (management), or representative of the institution have contravened Article 34 Section 2 or Article 45 of the Act with a punishment of fines or indictment issued by the prosecution; or a guilty verdict delivered by the court;
III. The heads, managers, directors (management), or representative of the institution had once served in a private employment service agency and their conduct resulted in the institution having one of the following circumstances:
(I) in violation of Subparagraphs 4 to 9, Paragraph 1 of Article 40 or Article 45 of the Act;
(II) in violation of Subparagraphs 2 or 14, Paragraph 1 of Article 40 of the Act; also, failed to perform corrective action before deadline;
(III) A nonconformity that was fined three times but wasn’t improved;
(IV) Punished with a fine more than four times in one year;
(V) Punished with a suspension more than two times in one year;
IV. The heads, managers, directors (management), or representative of the institution engaged in employment services business committed a crime by utilizing the business power, opportunity, or method against the job applicants, employers, or foreigners in violation of Criminal Law Article 221~229, Article 231~233, Article 296~297, Article 302, Article 304, Article 305, Article 335, Article 336, Article 339, Article 341, Article 342, or Article 346 and were been indicted by the prosecution or found guilty by the court.
V. The heads, managers, directors (management), or representative of the institution engaged in the employment services business that have committed a crime of human trafficking in violation of Human Trafficking Act and indicted by the prosecution or found guilty by the court.
VI. Nonprofit employment service agencies that have been punished for committing prejudice to public interest with a fine, suspension, or a corrective action before deadline by the governing authorities or competent authorities.
VII. The corporate address or business address for business operation applied for by the profit employment service agency is a private employment service agency already set up.
VIII. The institution address for business operation applied for by the non-profit employment service agency is a private employment service agency already set up.
IX. An agency with an evaluation rating of “C” has failed to perform the corrective actions before deadline or the evaluation rating of the corrective actions performed is below “B”;
X. Agencies that applied for the setup of branches did not receive any evaluation and without any evaluation rating or the most recent evaluation rating was “C”.
XI. Agencies evade, obstruct, or refuse to accept an evaluation.
XII. Commissioned to apply for work permit; the number and ratio of mission foreigners in the country within three months reaches the standards stipulated in Table 1.
The violations against paragraph 2~6 and paragraph 12 are limited to the occurrence within two years from the application date.
The permit issued by the competent municipal or county (city) authorities is not subject to Section 1 Paragraph 9 and 12.
Article 15-1
The situation where foreign workers brought into the country lose contact within three months of their arrival, and where the number and percentage of such workers reach a certain level within a year, as mentioned by Article 40-1-17 of the Act, refers to a situation where the foreign workers who lose contact within three months of their arrival are absent without reason for three consecutive days, and where the number or proportion listed by Attachment 1 is reached after revocation or non-issuance of the license.
The competent authorities should carry out a regular inspection on the private employment services institution as required in the Attachment 1 in March, June, September, and December each year.
The central competent authorities should report the case to the competent authorities at the municipality, county, or city level for an administrative fine if the number or percentage of the assigned foreign workers’ whereabouts remaining unknown in a private employment services institution has reached a certain level as stipulated in the Attachment 1.
Article 16
The foreign employment company engaged in helping recruit persons of its own country or persons of other countries to the Republic of China, or in accordance with regulations residents in Hong Kong or Macao, persons in the Mainland China to Taiwan area to undertake jobs prescribed in Subparagraph 8 to Subparagraph 10 of Paragraph 1 of Article 46 shall apply for approval from the central competent authority.
After the foreign employment company has obtained the approval referred to in the previous Paragraph, it is prohibited to engage in any business activities of employment services in the Republic of China unless it has obtained the permission from the competent authorities in accordance with the regulations referred to in Article 17.
The valid period of approval prescribed in Paragraph 1 is two years and the following documents shall be prepared when filing application:
1. Application form.
2. Photocopy of and translation copy in Chinese of license or other relevant supporting documents for business activities of employment services issued by the government of the country in which the company is located.
3. Evidence documents of and translation in Chinese of no violation of labor laws and regulation in the most recent two years in the country where the company locates.
4. Other documents required by the competent authorities.
The documents prescribed in previous Paragraph shall be notarized by the government of the country and examined by the embassy of the Republic of China in the country in which the company is located within three months before the date of filing application.
The foreign employment company that applies for consecutive approval shall present the application within thirty days from the expiration date of effective approval period.
The central competent authority for the purpose of approving the foreign employment company prescribed in Paragraph 1 may impose such conditions as country or region, number and types of business activities relating to the institution.
Article 17
The competent authorities may depending on domestic economic and labor market conditions permit a foreign person or a foreign employment company to establish a private employment services institution in the Republic of China.
The foreign person or foreign employment company shall comply with the provisions of the Act and these Regulations when applying for permission of establishing a private employment services institution in the Republic of China.
Article 18
When a private employment services institution and its branch(s) intended to alter such items indicated in the license as designation, address, amount of capital, responsible person, managers, director(s) of the board (members of general council) or representative of the institution shall prepare the following documents to apply for alteration permission from the competent authority issuing the license:
1. Application form.
2. Shareholders’ agreement or meeting record of decision.
3. Photocopy of license.
4. Other documents required by the competent authorities.
The institution prescribed in previous Paragraph after obtaining alteration permission shall in accordance with other related acts complete alteration registration within three months since the date of issuing alteration permission, and shall prepare the following documents to apply for changing license from the competent authorities:
1. Application form.
2. Photocopy of company registration, business registration certificate or organization-accredited certificate.
3. Original copy of license.
4. Other documents required by the competent authorities.
The institution unable to apply during the period prescribed in previous Paragraph shall apply in writing for extension from the competent authorities; the period of extension shall be two months in maximum, and the number of times in application for extension shall not exceed once.
Article 19
The competent authorities shall not grant alteration permission to a private employment services institution and its branch(s) in the event of the following situations:
1. Responsible person, managers, director(s) of the board (members of general council) or representative of the institution after applying for alteration was in violation of Paragraph 2 of Article 34 or Article 45 of the Act, and has been penalized with an administrative fine,indicted by the procuratorial organ, judged juilty by the court.
2. Responsible person, managers, director(s) of the board (members of general council) or representative of the institution once working at the other private employment services institution has due to his/her act caused the latter violating the Act or these Regulations:
(1) had been in violation of Subparagraphs 4 to 9, Paragraph 1 of Article 40 or Article 45 of the Act;
(2) had been in violation of Subparagraphs 2 or 14, Paragraph 1 of Article 40 of the Act and order improvement within a definite term but fail to do so;
(3) has been penalized with an administrative fine for three times due to the same cause, but still failed to make improvement;
(4) has been penalized with an administrative fine for four times within one year;
(5) has been penalized with a suspension for twice within one year
3. Responsible person, managers, director(s) of the board (members of general council) or representative of the institution after applying for alteration served in the employment service industry or has manipulated its power, opportunity or methods over employment seekers, employers or foreigners to violate the contents of articles 221 to 229, 231 to 233, 296 to 297, 302, 304, 305, 335, 336, 339, 341, 342 or 346 of Criminal Act and was indicted by the procuratorial organ or judged juilty by the court.
4. Responsible person, managers, director(s) of the board (members of general council) or representative of the institution once violated human trafficking crime defined in the Human Trafficking Prevention Act and was indicted by the procuratorial organ or judged juilty by the court.
5. The location for business operation after applying for alteration is being registered and used by the other private employment services institution.
6. The location of the non-profit employment services institution after applying for alteration is being registered and used by the other private employment services institution.
7. The institution does not apply for alteration permission in accordance with the regulations referred to in Article 18.
The situations specified in subparagraph 1 to 4 of the Previous Paragraph are limited to the occurrence within two (2) years prior to the date of application.