History

I.The Guidelines are set to encourage the public to report to authorities any violations against the Employment Services Act (hereinafter referred to as “the Act”) committed by foreign nationalities, employers, private employment services institutions or individuals in order to protect ROC nationals' job opportunities and social stability.

II.The term “person reporting violation" as referred to in the Guidelines means a ROC national or foreigner legally residing/staying in the Republic of China, exclusive of a foreigner involved in violation of the Act or an official undertaking investigation or deportation/repatriation in accordance with the relevant laws.
The violators subject to investigation include:
(I)“Foreigner engaging in illegal work” means a foreigner violating any circumstances as referred to in Article 43, Paragraph 4 of Article 52, Subparagraph 1 to 3 (hereinafter referred to as “undocumented”) or Subparagraph 7 of Article 73, and being ordered to depart from the ROC by the central competence authority or immigration authority.
(II)Illegal Employer:
1. Violating either Article 44 or Paragraph 1 or 2 of Article 57of the Act, and being fined or referred to prosecuting authority for further investigation by local government authorities, or being annulled the permit by the central competence authority or local government authorities.
2. Violating Article 19 under the Regulations on the Permission and Administration of the Employment of Foreign Workers, and being fined by the local government authorities or annulled the permit by the central authority.
3. Violating Paragraph 3 or 4 of Article 57 of the Act, and either being fined by local government authorities, or failing to improve within a prescribed time frame, and being annulled the permit by the central government authority.
4. Violating Subparagraph 10 of Paragraph 1 of Article 54 of the Act, and being annulled the permit by central government authority.
5. Committing the crimes toward hired foreign worker, such as offense of intentionally causing bodily injury under Criminal Law, offense against sexual autonomy, offense against sexual morality or offense against personal freedom, and under indictment, suspension of indictment or non-indictment based on Article 253 of the Code of Criminal Procedure.
(III)“Illegal private employment service institution or individual” means a private employment services institution or individual violating any provisions of Paragraph 5, 7 and 9 of Article 40 or Paragraph 2 of Article 34 or Article 45 of the Act.

III.Authorities that investigate / process cases of violations reported as referred to in the guidelines include the immigration authorities, police authorities, coastal petrol authorities and the labor affairs competence authorities.

IV.Authorities that investigate / process cases of violations reported shall record all necessary information in designated files and classify the reports with confidential sealing whether it is obtained through written, oral, telephone, fax or email reports.
Authorities that investigate/ process cases of violation reported shall conduct the interview with the person reporting violation and record the relevant information as following: name, ID number /ARC number / passport number, residential status, contact number, and concrete proof of violations (e.g., person(s) involved, time(s) of violation, number of people involved, location(s) of violation and concrete evidences, if any), etc.
Should any of the following events occur, the investigating /processing authorities aforementioned may turn down the reporting:
(I) Anonymous reporting, or unable to confirm the identity of the person reporting the violation
(II) No concrete information on the time, date, location and duration of violation and no evidences for the violation reported.
(III) The report of violation has already been reported and proved true.
The investigating/processing authorities shall send investigators for investigation within 7 days upon receiving the report concerning violation. All the relevant evidences shall be documented for future reference.
The investigating/processing authorities shall inform the investigation result to the person reporting the violation by phone or in writing.

V.Person reporting the violation shall claim the reward within 3 months after receiving the notification of such rewards from the investigating/processing authorities. Failing to claim the reward before the prescribed deadline shall be considered abstain the rights for claiming the reward.

VI.The investigating/processing authorities shall include following documentation to each violation case to the Workforce Development Agency, Ministry Of Labor (hereinafter referred to as WDA,) for grant of the monetary rewards:
(I) Notice of reward application
(II) Record of processing the report of offense or the letter of reporting the violation
(III) Formal receipt signed by the person reporting the violation.
(IV) A photocopy of personal bank pass book under the name of the person reporting the violation.Non-transferrable treasury check shall be issued if above-mentioned Deposit Account is not available. The "person reporting the violation" shall cash the check in person in banks in such case.
(V) Other documentation required.
Other documentation required as referred to in preceding Subparagraph 5 are as following:
(I) In case of finding illegal employer(s) or illegal private employment services institution(s) or individual(s) that violates the Act, all relevant fine-imposing indictments shall be attached to the case file.
(II)In case of finding undocumented foreigner(s) but no finding of illegal employer or illegal private employment services institution or individual, relevant proving documentation shall be attached to the case file.
(II)In case that illegal employer(s) or illegal employment service institution(s) or individual(s) involved in criminal cases, relevant referral papers or written report shall be attached to the case file.

VII.Guidelines for granting the monetary reward of reporting violation are detailed (in principle and amount) in the Appendix.
For multiple people reporting the same case of violation simultaneously, after the report of offences has been proved true, the reward shall be evenly distributed. For a case of offense that has been reported for numerous times by different people successively, after the report of offense has been proved true, the reward shall be granted to the first person reported. If the reporting time can not be clearly defined, the rewards shall be evenly distributed.
For person who report the same case of offense to different authorities, no duplication in reward payment allowed (i.e. even if more than one authorities provides rewards)

VIII.WDA shall review and grant the rewards to the person(s) reporting the violation based on Paragraph 1 of the preceding Article.

IX.The funding for the rewards is provided by the Employment Security Fund from WDA.