History

These regulations are promulgated in accordance with Paragraph 5, Article 55 of the Employment Service Act (hereinafter as "the Act").

(Deleted)

THE EMPLOYMENT SECURITY FUND (hereinafter as "The Fund") is a special fund as stipulated under the Subparagraph 2, Paragraph, Article 4 of the Budget Act. The Council of Labor Affairs of the Executive Yuan (hereinafter as "the Council of Labor Affairs") acts as the Competent Authority with regard to presenting budget plan for the subsidiary units, establishing the Employment Security Fund for the Visually Disabled, as well as presenting sub-budget plan for the subsidiary units.

Resources of the Fund originate from the following:
1. Revenues of the employment security fees.
2. Interest Revenues accrued from the Fund.
3. Other related Revenues.

The Fund is designed for the following purposes:
1. To reinforce the implementation of the vocational training and the provision of the relevant employment service information.
2. To reinforce the implementation of the employment security and the employment promotion, among other relevant issues.
3. To process the business start-up loans.
4. To process unemployment assistance and unemployment insurance planning, among other issues.
5. To process the rewards and allowances granted to those employers who willingly promote employment security and other issues.
6. To process issues related to the improvement of the welfare for workers.
7. To process the related issues on the hiring and management of foreign workers.
8. To process the issues related to the skills certification and employment selections.
9. To subsidize Municipal City and County (City) Government to process all the issues related to the management of the national employment promotion, vocational training and foreign persons working in the territories of the Republic of China.
10. The management and expenditures of the administration.
11. All other related expenditures.
The Municipal City and County (City) Government shall present budget plan for expenditures matching the subsidy when applies therefor in accordance with the aforementioned Subparagraph 9.
The Competent Authority shall specially promulgate regulations for the subsidy mentioned in Subparagraph 9, Paragraph 1.

Profitability and security shall be taken into consideration when safeguard and utilize the Fund. The provisions under National Treasury Act and all other relevant regulations shall also regulate the deposit of the Fund.

The Fund may invest in purchasing government bonds, national treasury bonds or other short-term stocks and bonds to meet the needs of its operation.

Employment Security Fund Management Committee (hereinafter as the Committee) shall be set up, composing 19 to 29 members, with a term of 2 years; among them, the Chairperson of the Council of Labor Affairs shall chair the Committee; the Council of Labor Affairs shall appoint other committee members from the following:
1. One representative from the Secretariat of the Executive Yuan.
2. Two representatives from the Council of Labor Affairs.
3. One representative from the Ministry of Finance.
4. One representative from the Ministry of Economic Affairs.
5. One representative from the Directorate-General of Budget, Accounting and Statistics of the Executive Yuan.
6. One representative from the Economic Development Commission of the Executive Yuan.
7. Three representatives from the Municipal City or County (City) Government.
8. Two to five representatives from the Labor Organizations.
9. Two to five representatives from the Employers groups.
10. Four to eight experts and scholars.

The Committee is in charge of the following tasks:
1. Determining the amount of the Employment Security Fees.
2. Supervising the Revenues and Expenditures, Safeguard and Utilization of the Fund.
3. Supervising and determining the Annual Budget and Final Accounting Statements of the Fund.
4. Auditing the execution of the Fund Management.
5. Other related matters.

The Council of Labor Affairs shall appoint one Officer, in addition to his/her original official position, to take the position as the Executive Secretary of the Committee to execute the resolutions decided by the Committee and to handle daily routines under the commands of the Chairperson; all necessary staffs of the Committee shall be assigned to take that position by the Council from the officers of the Bureau of Employment and Vocational Training; when deemed necessary, the Council may hire eight to fifteen non-official persons as the staff members of the Committee.

The Committee shall meet once every three months. Ad hoc Meetings may be held when necessary. The Chairperson of the Committee shall convene the Meetings, regular or ad hoc. In case the Chairperson cannot preside the Meeting, he/she shall assign a committee member to convene a Meeting in his/her absence.
The minimum number of Committee Members required to be present in order for any assembly of the Committee Meeting to legally transact business shall be over one half of the total number of Committee Members. It takes at least majority votes of the Committee Members present in the Committee Meeting to reach a resolution.
When deemed necessary, the Committee may invite the appropriate Municipal City or County (City) government to sent representatives to attend the Committee Meeting.

Starting from the following day after the arrival of the engaged Foreign Employee to the territory of the Republic of China, the Employer shall pay to this Fund the Employment Security Fees to be calculated according to the category of employment, number of foreign workers so recruited, and the amount of monthly fees to be paid as published, from time to time, by the Council of Labor Affairs in coordinated with other related Government Agencies, taking three months as a term of payment, duly paid on or before the twenty-fifth day of the first month of the next payment term; the Employer may choose, as an alternative, to take as a payment term of three months or more, with no deduction of any interest as may be accrued, and to pay the Employment Security Fees in advance of the due day; provided that the period beginning the following day of the Foreign Worker's arrival until the end of that month does not equal to a month in complete＊, the Employer then shall calculate the Employment Security Fees in accorda
nce with the proportion of the days of stay after the arrival of the Foreign Worker to the territory of the Republic of China to the total days of the month to pay the Employment Security Fees.[＊In other words, the following day of the Foreign Worker's arrival is not the very first day of the month.]
In case the employed Foreign Worker leaves his/her job before the last day of the month, the Employment Security Fees as to that Worker shall be calculated in accordance with the inference to be derived, by analogy and when appropriate, from the stipulation of the proviso of the Paragraph 1 of this Article.
When decided and published by the Competent Authorities, the amount of the Employment Security Fees to be paid by the Employer with regard to one category of employment and the nature of the work so engaged in by the Foreign Worker may be different vis-a-vis the amount of the Employment Security Fees to be paid by the Employer with regard to another category and different nature.

In case the Employment Security Fees already paid by the Employer in exceeding the amount due as prescribed in accordance with the Regulations, the Employer is entitled to apply for return of the excess payment of the Fees by presentation to the Competent Authorities of the documentation indicating dates of the Foreign Worker's entry into and his/her exit of this Country or other proper documents certifying to the same effect.

The planning and execution related to the budget of the Fund and the preparation of the Final Financial Statements thereof, shall be governed by the regulations of the Budget Act, Accounting Act, Final Financial Statements Act, Audit Act and all other related regulations and directions.

The Committee shall promulgate its own accounting system regulating the conduct of the accounting affairs of the Fund in accordance with the laws and regulations.

Should there be surplus resulting from the execution of the yearly budget of this Fund after the preparation of Final Financial Statements, the surplus shall be processed by the circulating budget procedure to become part of the Fund or processed as the non-distributed gain.

At the time the Fund is terminated, a final balance shall be settled; any and all the residuals shall be turned over to the National Treasury.

These Regulations shall take effect on the day of promulgation.