History

These Enforcement Rules are based upon Article 69 of the Employment Service
Act (hereinafter the Act).

All those employment service agencies providing employment services which
are established by government, public and private schools, and occupational.
, training institutions under other related acts or guidelines should be under
supervision of the concerned authority.

The central competent authority of employment services is responsible for:
1. The establishment of national employment policy, laws, plans, and
schemes.
2. The supply of the information of national employment market.
3. The establishment of employment service implementation guidelines.
4. The supervision, coordination, and evaluation of national employment
service practices.
5. The training and certification of employment service professionals.
6. The permission and regulation of employers' application for foreign
workers.
7. The permission and regulation of mediating foreign workers the Republic
of China in Taiwan, or mediating mainland Chinese to be employed in Taiwan, or
mediating inland workers to be employed in other countries.
8. Other related promoting employment matters and national employment
services.

The provincial and municipal authority of employment services is responsible
for:
1. The drawing of provincial (municipal) employment plan and the enactment
of implementation regulations.
2. The establishment and re-establishment of provincial (municipal) employment
service agencies.
3. The provision of provincial (municipal) employment market information.
4. The balance and application of provincial (municipal) labour supply and
demand.
5. The supervision, coordination, and evaluation of provincial (municipal)
employment services practices.
6. The training of provincial (municipal) employment services professionals.
7. The investigation of regulations related to foreign workers employing in
Taiwan, and the assistance to its management.
8. The assistance to those employers who wish to employ foreign workers, the
administration of domestic employment prescribed at the article 43 section 3
of the Act, and the certification of employment approval to employers.
9. Other matters related to promoting national employment services.

The city (county) employment service authority is responsible for:
1. The investigation of employment discrimination.
2. The registration of redundancy, and the assistance to reemployment.
3. The certification and regulation of those private employment service
agences mediating domestic labour supply and demand.
4. The assistance and administration of job seeking and employment.
5. The regulation and investigation of foreigners employed in Taiwan.
6. The promotion of low-income family's employment, and its coordination
with employment training.
7. Other coordinating matters related to National employment services.
In order to investigate employment discrimination, the city (county)
employment service authority may invite government related agencies, labour
organization, representatives of employers organization, and scholars and
experts, to establish the Employment Discrimination Review Committee.

The Employment Service Promotion Committee is designed to review matters
related to employment service and promotions in accordance with respective
employment market situation. The guideline for the establishment of the
committee is at the discretion of respective competent authority.

The cost incurred in recruiting workers at the request of employers, which
is prescribed in Article 13 of the Act, is defined as the necessary expense in
job recruitment of public employment agencies which covers the following
items.
1. advertisement expense hereincurred.
2. examination paper expenses.
3. examination paper marking or reviewing expenses.
4. examination venue expenses.
5. administrative expenses.
6. printing, stationary, and paper expenses.
7. expenses.

Public employment service agencies are responsible to inform employers or
job seekers to correct the job-seeking document if is discovered to be
incorrect, incomplete, or illegal.
Public employment Service agencies may refuse to accept employment application
if applicants refuse to correct the above-mentioned document.

The Social Assistance Household prescribed at articles 15, 24 and 30 of the
Act is defined in accordance with the Social Assistance Act.
Provincial (Municipal) government may set up the standard for travel subsidy
for social assistance household in job seeking.

Public employment agency should periodically collect data on wage
variations, demand and supply of manpower, and analysis of future
development of its incumbent region, and report to provincial (municipal)
competent authority.
Provincial (Municipal) competent authority should report the above-mentioned
date to the competent authority of the central government to be the basis
for adjusting policy of manpower demand and supply.
The guideline for the above operation is prescribed by the central government.

While providing employment consolation, public employment service agency
should provide suggestion considering individual physical, psychological
conditions, and educational qualifications and working experiences. Special
assistance should be provided to the handicapped for occupational
rehabilitation. Employment assistance and suggestion should also be made
available for the handicapped according to their employment ability and
willingness.

In order to assist schools to provide students employment guidance, to promote
graduate employment, or participate in occupational training and guidance
after employment, public employment service agency should establish annual
operational plan, and periodically review its plan and effects with those
schools in its administrative region.
Central competent authority may at its need with collaboration with central
educational authority set up the operational handbook for schools employment
services.

The handicapped prescribed at articles 24, 25, 27 to 29 denote those who
have the handicapped certificate governed by the handicapped welfare law.

Employees are requested to report employment information prescribed at article
34 of the Act which should contain name, sex, age, address, job description of
the redundant and reason of redundancy.

(a)Specialized or skilled professions described in Article 43(a)(1) of the
Employment Service Act include:
(1) professions that can only be practiced after a person acquires a license
or professional qualification in accordance with the Examination Act for
Specialized Profession and Technical Personnel and its Enforcement Rules;
(2) professions that can only be performed in a competent manner by a doctoral
degree holder from relevant department in a local or foreign university or
above, a master degree holder with over one year experience in relevant field,
or a bachelor degree holder with over two-year experience in relevant field;
and
(3) other professions that can only be performed in a competent manner by a
person who has received higher education or professional training, passed a
professional test, served as an expert with relevant experience and solid
achievement, or self-trained in a way that proves creative and outstanding.

Adequate working conditions prescribed at article 43, section 3 of the Act
denote those conditions of employment relating to wage and benefits approved
and circulated by the central competent authority in consultation with related
authorities and employer and employees organizations.

The foreign agencies prescribed at article 46 of the Act denotes those foreign
agencies and their personnels, and those foreign missions in the country which
are granted by the Ministry of Foreign Affairs with privileges.

Foreigners who are employed in accordance with article 48, section 1, part 1
of the Act should stop to apply the article 48 of the Act if the marriage
relation terminates and has not received the citizenship of the Republic of
China during the period of their employment.

(a) The employment permit described in the Act refers to a permit issued to an
employer for recruiting foreign workers by the central authorities concerned
or the responsible government agency.
(b) When an employer applies to the central authorities concerned or the
responsible government agency for an approval of recruiting foreign workers,
the following items must be included in the application:
(1) name, address, telephone, and fax numbers of the employer and its
executive in charge;
(2) name, nationality, gender, age, job category, remuneration, passport
number, working place and residential address in ROC of the foreigner to be
hired;
(3) duration of the employment; and
(4) other items specified by the central authorities concerned or the
responsible government agency.
(c) The approval for an employment permit issued by the central authorities
concerned shall be copied to the foreigner hired; the approval for an
employment permit issued by the responsible government agency shall be
copied to both the central authorities concerned and the foreigner hired.
(d) When a foreigner is hired without prior approval to perform an emergency
task described in Article 43(a)(1) of the Act, the late application shall be
submitted within three days after the second day when the foreigner has
initiated the job.
(e) When a foreigner without prior approval for an permit is assigned by a
foreign legal person, which has entered into an agreement of contractual work,
sales or technical cooperation with an ROC business entity, to perform a
profession described in Article 43(a)(1) of the Act within the territory of
ROC no longer than ninety (90) days, the late application shall be submitted
to the responsible government agency within seven days of the foreigner’s
arriv

Foreigners who are employed should carry working permits for inspection.
The working permit while being withdrawn or expires at the end of employment
period should be collected by the employer and returned to the central
competent authority or the related-function executive authority within seven
days of employment termination. The working permit should be reissued in
case of loss or damage.

Competent authority, the related-function executive authority, or police
authority may periodically or inperiodically check at sites of employing
foreign workers or likely to employ foreign workers if any thing infringes
upon articles 42, 49, 50, 52 to 54 of the Act, and regulations of employment
and employment permit for foreigner regulated by these Rules.

These Inforcement Rules are effective at date of promulgation.