History

These rules are promulgated according to Item 3 of Article 58 in the
Handicapped Protection Law (herein as the Law).

The competent authorities in these rules, is the Council of Labor
Affairs of the Executive Yuan in the Central Government, the city hall in
the cities, and county (city) hall in the county (city) halls.

Shelter factory in these rules, are the places where provide
sheltering type of jobs for those handicapped who are fifteen years of age,
willing and capable to work, who can improve their working skills in different
places, including factories, shops, farms, working stations (rooms), etc.

The shelter factories can be established independently or jointly,
with its setup accounting for coexistence with surrounding residential areas
as well as compactness.

Those who apply for the establishment of shelter factories, shall
provide the following documents, and present to the competent authorities in
the cities, counties (cities), where the factory shall be established:
1.Application form
2.Operation plan
3.Description of the sources of funds
4.Other which are appointed by the competent authorities.
The application form in Item 1 is formatted uniformly by the central competent
authority.
Sources of funds stated in the Item 3, are the funds for the shelter factory
to operate for six months and more.

The operation plan required by the previous article shall include
the following items:
1.Name of the Applicant
2.Market research and evaluation
3.Objectives
4.Service and work regulations
5.Categories of the handicap, number and qualifications
6.Work contents and operation procedures
7.Method of operation
8.Location and arrangement of the factory
9.Employment plan and assistance for the sheltered workers.
10.System of rewards or salary
11.Sales plan
12.Sales forecast
13.Factory equipment and other related infrastructure
14.Funds, income and expense balance sheets
15.Staff distribution
16.Other which are appointed by the competent authority.
All the modifications made after the application of the previous operation
plan, shall be reported to competent authority for approval.

Those applicants who are approved by the city, county (city)
competent authorities, shall establish the factory according to the previous
operation plan within three years, the establishment must meet all the
regulations for the handicapped and the rules of staff distribution, along
with the following documents to the competent authority to apply for the
operation permit:
1.Registration of legal person or registration of factory and copies of other
documents.
2.Documents of the property: including land and use certificates, copies of
construction and use license, all the documents of the land and constructions.
If the land or buildings do not belong to the applicant applying for the
establishment of shelter factory, he/she must include the lease contract or
use agreement for at least two and more years, which must be certified by a
court.
3.Site plan: a 1/500 scale plan, marking the floors, area of each floor and
room in units of square meter, and their use.
4.Copies of fire department and building administration approval.
5.List of professional and administration staff.
6.Copies of the establishment permit and operation plan.
7.All other appointed by the competent authority.
Should there be changes of the staff stated in the Item 5, the updated list
must be sent to the competent authority for registration within fifteen days
of such change.

As to encourage the private sector to establish shelter factories,
the city, county(city) competent authorityes shall provide the resources
according to the following methods:
1.Partial assistance in funds.
2.Free or priced lease/loan of the service sites.
3.Free or priced provision of equipment.
4.Technical assistance.

When the city, county (city) competent authorities provide resources
according to the previous rule for the establishment of shelter factories, a
public announcement shall be published stating all the methods and other
coordination measures, accepting applications publicly. The applying
institutions shall provide all the documents stated in the Item 5 and Item 7
for approval.

The shelter factory is responsible for the following operation
issues:
1.Operation management of the operation contents.
2.Reinforcement plan of individual professional ability.
3.Case management and career planning services of the shelter worker.
The operation contents of the shelter factory, must meet the requirements of
the job market and in combination of the professional development of the
shelter worker.

The shelter factory shall set up individual professional ability
reinforcement plan for the shelter workers, the contents are as the
following:
1.The shelter worker’s work skills and reinforcement of such skills.
2.Social adjustment and assistance for the shelter worker.
The previous plan is limited in two years, after such period, a professional
assistance evaluation must be made, so to provide the shelter worker
services of career change or as the proofs to modify the previous plan.
The previous evaluation must be carried out by the relevant institution.

The shelter factory must have the following documents for
approval in March of each year, and send to the city, county(city) competent
authorities:
1.Operation report
2.Annual balance
3.Staff conditions
4.Annual report of the movement of the shelter workers in each month of the
year

As for the city, county (city) competent authorities to
understand the situation of the shelter factory’s operation management, sales
and financial reports must be presented any time, and approved by the
authority.
Shall one of the following situation presents in the shelter factory, the
competent authority shall set a deadline for corrections, should the
deadline not be met, the permit shall be revoked or terminated:
1.Those who violate the laws.
2.Unclear operation and establishment objectives
3.Income and expenses have no legal receipts, or the accounting records are
not complete.
4.Those who hinder revisions and auditings required by the competent
authorities.
5.Those who present false sales and financial reports.
6.Those who do not abide by the annual operation plan.
7.Others who are proved to have violated these regulations.

The city, county (city) competent authorities can reward (
subsidize) the following items, to those who have complied these regulations
to establish the shelter factories:
1.Infrastructure: according to the functions of the shelter factory, it can
obtain rewards (allowances) for the office, leisure and recreation, fire
equipment, obstacle-free environment, operation machinary and other
equipment.
2.Lease and repairs.
3.Salaries.
4.Administration expenses.

Those who apply for the rewards (allowances) according to the
previous article, shall present the following documents to the city, county (
city) competent authorities:
1.Application form.
2.Operation plan.
3.Copy of the organization permit.
4.Copy of the establishment permit.
5.Other appointed by the competent authorities.

The city, county (city) competent authorities shall set up a
revision team for the applications stated in the previous article, the members
shall include the following:
1.Representatives of the competent authority and relevant institutions.
2.Representatives of the benefit and welfare organizations for the
handicapped.
3.Experts and scholars who specialize in such applications.
4.Persons who carry out social justice.
The number of the professionals stated in Article 2 and Article 3 must not
be less than ? of the total number of the team.

Resources of the fund for these rules originate from the following
1.Payable from the employment fund for the physically and mentally
challenged.
2.Allowance from the local government.
The central competent labor authorities shall provide the allowance
according to the financial situation of the district.

These measures shall take effect on the day of promulgation.