Chapter I General Provisions
Article 1
These Regulations are drawn upon in accordance with Paragraph 3 of Article 34 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
Other assigned employment service matters by the central competent authority prescribed in Subparagraph 4 of Paragraph 1 of Article 35 of the Act denote the following:
1. Consigned by employers to carry on matters relating to recruitment, bringing-in, resumptive hiring of foreign person employment, as well as application for recruitment certificate, recruitment permission, employment permission, extension of employment permission, replacement, transfer of employer, transfer of job, alteration of employment permission, giving notice when a foreign person has been continuously absent from work without leave for three days and has lost contact.
2. Consigned by employers to carry on matters for a foreign person working in the Republic of China his/her living management, entry and departure arrangement, medical examination arrangement and the results of medical examination reported to the health competent authorities, counseling, consultation, 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/gender, 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.
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. A national legal person registered to the competent authorities under related acts and established for more than two years, but civilian organization pursuing for public interests shall be craft organization or social organization.
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 not grant preparatory, establishment or re-establishment permissions to a private employment services institution and its branch(s) in the event of the following situations:
1. Violating provisions of application of the Act or these Regulations.
2. Responsible person, managers, director(s) of the board (members of general council) or representative of the institution had been in violation of Paragraph 2 of Article 34 or Article 45 of the Act, and has been penalized with an administrative fine, imprisonment for a term, detention or a fine for less than two years.
3. 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 and being penalized with suspension, revocation or abolition for less than two years.
4. The location applied for business operation is being registered and used by the other private employment services institution.
5. A non-profit private employment services institution has due to violating public interests been penalized with an administrative fine, suspension or improvement in a definite term for less than two years.
6. Obtaining rank C of evaluation and has been ordered to improve by a deadline but do not improve by the deadline or does not reach rank B after improvement.
7. Apply to establish branch(s) but obtain rank C in the most recent evaluation.
8. Refuse to accept the conducting of evaluation.
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, imprisonment for a term, detention or a fine for less than two years.
2. Responsible person, managers, director(s) of the board (members of general council) or representative of the institution after applying for alteration who was working at the other private employment services institution caused due to his/her act the latter violating the Act or these Regulations and has been penalized with suspension, revocation or abolition for less than two years.
3. The location for business operation after applying for alteration is being registered and used by the other private employment services institution.
4. The institution does not apply for alteration permission in accordance with the regulations referred to in Article 18.
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.
For employers who hire foreign persons to conduct the works referred to in Subparagraphs 9 of house maid work and Subparagraph 10 of family nursing work in Paragraph 1, Article 46 of the Act, their written contract of Paragraph 1 shall be signed by employers personally.
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
For foreign persons who conduct the works referred to in Subparagraphs 9 of house maid work and Subparagraph 10 of family nursing work in Paragraph 1, Article 46 of the Act, their written contract of Paragraph 1 shall be signed by foreign persons personally.
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 central competent authority may deny approval, abolish or revoke the approval of a foreign employment company prescribed in Article 16 when it or its employee(s) who engaging in employment services business in the event of the following situations:
1. Inconsistent with application regulations, and after request to make it correct within deadline, correction has not been completed within deadline.
2. Applying for consecutive approval overdue.
3. Being abolished or revoked by the country the institution located of business operation license or permission of engaging in employment services.
4. Violating the regulations referred to in Paragraph 2, Article 16.
5. There are falsenesses concerning the items recorded or documents turned in when applying for approval.
6. Violating Article 45 of the Act, or providing untrue information or foreign persons’ examined bodies for medical examination when being entrusted to engage in business activities of employment services.
7. Performing consigned duties unduly, and cause employer(s) violating Article 44 or Article 57 of the Act when engaging in business activities of employment services.
8. Performing consigned duties unduly, and causing foreign person(s) after arrival lost contact and whereabouts unknown when being entrusted (consigned?) to help recruit persons of its own country or persons of other countries to the Republic of China, or helping in accordance with regulations residents in Hong Kong or Macao or persons from the Mainland China to Taiwan area to work.
9. Defying the intention of employer, and detaining permission document and other relevant documents when engaging in business activities of employment services.
10. Being convicted of guilty of intimidation, fraud, embezzlement or breach of faith after trial in the first instance when engaging in business activities of employment services.
11. Demanding, agreeing beforehand on or receiving expenses beyond foreign persons’ fee charge of entering the Republic of China to work and wage affidavits or the standards stipulated by related regulations, or improper benefits when engaging in business activities of employment services.
12. Demanding, agreeing beforehand on or handing over improper benefits when engaging in business activities of employment services.
13. Entrusting a person with no permission or being entrusted by a person with no permission to recruit foreign persons to work in the Republic of China.
14. Being penalized in relation to business activities of employment services in its own country.
15. Violating other laws and regulations or obstructing public interests, causing serious consequence.
When the Central Competent Authority denies approval, revokes or abolishes approval in accordance with regulations of the previous Paragraph, it shall publicly announce.
Article 33
The reports, tables or forms prescribed in Subparagraph 11 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
The employment services institution for the disabled applying under the 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.
Chapter IV Supplementary Provisions
Article 43
The patterns of documents, forms and tables stipulated in these Regulations are to be prescribed by the central competent authority.
Article 44
These Regulations shall be take effect on the date of promulgation.
Regulations on the Permission and Administration of the Employment of Foreign Workers
Promulgated by the Council of Labor Affairs, Executive Yuan on January 13, 2004, Amended by the Council of Labor Affairs, Executive Yuan on December 30, 2005, October 3, 2006 and January 3, 2008