Article Content

  Chapter III Management of Private Employment Services Institution

Article 20
The private employment services institution prior to engaging in such business as permission application, recruitment, bringing-in, resumptive hiring or management for employer who is intended to employ foreign persons or residents in Hong Kong or Macao, persons in the Mainland China to work in Taiwan area shall sign a written contract with the employer concerned. The same conditions apply to either anew recruiting or employing situation. The following items shall be clearly recorded in the written contract prescribed in previous Paragraph:
1. Items and amounts of fees.
2. Ways of collecting fees and refund.
3. Matters relating to damage compensation when foreign persons, residents in Hong Kong or Macao, or persons from the Mainland China fail to report to employer.
4. Matters relating to taking-over, medical examination arrangement and the results of medical examination reported to the health competent authorities of foreign persons, residents in Hong Kong or Macao, or persons from the Mainland China after arrival.
5. Matters relating to deportation, replacement, extension and management of foreign persons, residents in Hong Kong or Macao, or persons from the Mainland China.
6. Matters relating to damage compensation when violating the contract.
7. Other matters required by the central competent authority.
When hiring the foreign persons to serve as the household assistant or nursing work in accordance with the regulations set out in Subparagraph 9 under paragraph 1 of Article 46, the employer shall personally sign the written contract.
Article 21
The private employment services institution carrying on business activities of employment services for a foreign person in the Republic of China who is engaged in work prescribed in Subparagraph 8 to Subparagraph 10 of Paragraph 1 of Article 46 shall sign a written contract with him/her, and the following items shall be clearly recorded in the written contract:
1. Items of services.
2. Items and amounts of fees.
3. Ways of collecting fees and refund.
4. Other matters required by the central competent authority
When hiring the foreign persons to serve as household assitant or nursing work to perform the works specified in Subparagraph 9 under paragraph 1 of Article 46, the foreign persons shall sign their names in the aforesaid written contract.
The contract prescribed in Paragraph 1 shall be translated into a version easily understood by the foreign person.
Article 22
The private employment services institution permitted in accordance with Article 17 by the competent authorities to establish in the Republic of China by a foreign person or foreign employment company shall before the departure of its responsible person designate an agent, and register the agent’s name, nationality, domicile or residence and consent letter of being an agent at the competent authority issuing the license.
Article 23
When there is turnover of person with employment services specialty in a private employment services institution, the institution shall within thirty days since the date of turnover prepare the following documents and report to the authority issuing the license for reference:
1. Application form for turnover of person with employment service specialty.
2. List of employees after turnover.
3. Certificate and photocopy of National Identification Card of newly hired person with employment services specialty.
4. Other documents required by the competent authorities.
Article 24
The license of private employment services institution shall not be leased or transferred.
The license prescribed in previous paragraph or certificate of person with employment services specialty if stained or damaged shall be returned in exchange for new license or certificate; if lost, the institution or the person shall prepare affidavit and application form recorded with the number of original license or certificate to apply for issuance of a lost voucher.
Article 25
The valid period of license for private employment services institution is two years, the institution shall within thirty days before the date of license expiration prepare the following documents to apply for new establishment permission and license:
1. Application form.
2. List of employees.
3. Photocopy of company registration, business registration certificate or organization-accredited certificate.
4. 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.
5. If the institution had violated the regulations of the Act in the previous two years before the date of application, it shall attach a supporting document of paid-up administrative fine issued by the competent authority in which the institution is located.
6. Original copy of license.
7. Other documents required by the competent authorities.
The institution incompliant with the previous Paragraph to apply for the permission shall apply for termination of business operation and turn in the license for revocation. The competent authorities shall revoke the license of the institution that fails to apply for the termination or had been denied of permission.
Article 26
The private employment services institution that is intended to suspend for more than one month shall notify the authority issuing the license for reference within fifteen days since the date of suspension.
The period of the suspension prescribed in previous Paragraph shall be one year in maximum; and the institution concerned shall notify for reference within fifteen days after resuming business.
Article 27
The private employment services institution when terminating its business operation shall turn in the license to the authority issuing the license for revocation within thirty days after completing dissolution, alteration of business operation items or registration of business closure. The competent authorities shall revoke the license of the institution that fails to apply for the termination.
Article 28
The private employment services institution shall publicly display its license, schedule of fee-charging items and amounts, certificate(s) of person with employment services specialty at an obvious location of business operation place.
Article 29
The private employment services institution when carrying on services of job placement, talents’ recruitment and screening shall inform job seekers of content, salary, work hours, fringe benefits and other relevant labor conditions of the referred job.
The private employment services institution when being entrusted to help recruit foreign persons to engage in work prescribed in Subparagraphs 8 to 10 of Paragraph 1 of Article 46 shall inform employers and foreign persons of matters stipulated by the Act or executive orders issued under the Act.
Article 30
The private employment services institution shall within ten days after the end of each quarter of a year fill in the job seeking and recruitment situation tables and turn in to the municipal or county (city) competent authority.
The municipal and county (city) competent authorities shall within twenty days after the end of each quarter of a year collect and adjust the data prescribed in previous Paragraph and report to the central competent authority for reference.
Article 31
The recognition of the foreign manpower service agency or its employees engaged in employment services business defined in Article 16 with one of the following circumstances will not be endorsed or will be annulled or revoked by the central competent authorities:
I. Failed to comply with the requirements and make corrections in time.
II. Late in applying for recognition renewal.
III. The business license or service permit is annulled or revoked by the mother nation.
IV. Violated Article 16 Section 2.
V. Stated false information or provided forged document in the application filed.
VI. Commissioned to arrange employment services business in violation of Article 45 of this Act, or providing false information or foreigner’s health check report.
VII. Commissioned to arrange employment service business but failed to exercise due diligence that causes the employer violating Article 44 or Article 57 of this Act.
VIII. Commissioned to arrange citizens or foreigners to work in Taiwan, or, introduce residents of Hong Kong or Macau and Mainland China to work in Taiwan but failed to exercise due diligence that causes foreigner’s whereabouts to be unknown and loss of contact.
IX. Arrange employment services business in violation of the employer's instructions and with the permit and other relevant documents detained.
X. Committed a crime of intimidation, fraud, conversion, or embezzlement in processing employment service business and is found guilty by the courts of the first instance.
XI. Request, contract, or accept fees, wages affidavit, or excessive charges from the foreigners working in Taiwan while process employment service business.
XII. Demand, contract, or deliver illegal profits in processing employment services business.
XIII. Commissions unauthorized individuals or accepts commission to arrange foreigners to work in the R.O.C.
XIV. Received the employment service business related punishment in the mother nation.
XV. Commissioned to arrange local citizens or foreigners to work in Taiwan within two years from the application date; also, the number and ratio of mission foreigners in the country within three months reaches the standards stipulated in Table 2.
XVI. Committed other severe illegal act or obstruction to public interest.
The recognition that is not endorsed or is annulled or revoked by the central competent authorities referring to above must be announced.
Article 32
(Deleted)
Article 33
The reports, tables or forms prescribed in Subparagraphs 11 ,Paragraph 1 of Article 40 of the Act denote the following:
1. Job-seeking and recruitment situation tables.
2. List of employees.
3. Application form for turnover of person with employment service specialty.
4. Application from for recruitment permission of foreign person.
5. Application from for employment permission of foreign person.
6. Application from for extension of employment permission of foreign person.
7. Application from for transfer of employer or job of foreign person.
8. Report of foreign person lost contact and whereabouts unknown.
9. Other reports, tables or forms required by the competent authorities.
Article 34
The private employment services institution when being entrusted to engage in the business activities of employment services shall in accordance with regulations affix the seal of the institution to employer or job seeker application letter (form), and which shall also be signed and sealed by the responsible person and also signed by the person of employment services specialty.
Article 35
The private employment services institution when publishing, broadcasting or distributing advertisements and commercials relating to business activities of employment services shall clearly indicate on advertisements and commercials its designation, number of license, address and telephone number.
Article 36
The private employment services institution when its employee or person with employment services specialty resign shall properly handle the business activities and notify the person who entrusted the business activities undertaken previously by the employee or person concerned.
Article 37
The private employment services institution when the person who entrusted terminates the entrustment shall return the safely kept permission document and other relevant documents to the person concerned.
The private employment services institution when terminating its business operation or being revoked of its license, being abolished of its establishment permission shall notify the person who entrusted and return the safely kept permission document and other relevant documents to the person concerned, or after obtaining written consent form the person concerned transfer the permission document and other relevant documents to the other private employment services institution to continuously handle.
Article 38
The foreign employment company prescribed in Article 16 applies again for the approval within two years after its approval being abolished or revoked, the central competent authority shall not grant its approval.
Article 39
The competent authorities shall publicly announce the ranks of evaluation it conducts on the private employment services institution, and when it fines, suspends the partial or whole business activities, or revokes or abolishes the establishment permission of the private employment services institution.
Article 40
The competent authorities may at any time assign certain persons to conduct inspection on the circumstances of business activities and relevant documents and information of the private employment services institution: and shall notify the institution concerned to improve in a definite term the matters required to be improved after inspection.
The competent authorities shall not reveal the content of the information obtained under previous Paragraph, and if the institution is required to turn in original copies of the supporting documents, forms and books, receipts and relevant information the competent authorities shall return them within fifteen days after receiving.
Article 41
The municipal and county (city) competent authorities shall within twenty days after the end of each quarter of a year sum up situations relating to the establishment, alteration, suspension, resumption, termination of business operation and penalty of regulation violation of the private employment services institution, and report to the central competent authority for reference.
Article 42
People with Disabilities Rights Protection Act for the Disabled for establishment from the competent authorities shall not be engaged in the following activities:
1. Failing to carry on the establishment plan permitted by the competent authorities.
2. Evading, interfering with or refusing the investigation and examination on accounting books.