Title:
Employment Service Act ( 2025.01.20 Modified )

  Chapter Ⅰ General Provisions

Article 1
The Act is enacted for the purpose of promoting national employment with the goal of enhancing social and economic development. In instances where this Act does not provide specific guidance, provisions shall be governed by applicable statutes.
Article 2
For the purpose of this Act:
1. The term "employment services" refers to services aimed at assisting nationals in seeking employment and aiding employer s in the recruitment or hiring of employees.
2. The term "employment services institution" refers to an agency providing employment services. This includes public employment services institution established by governmental bodie (s) and private employment services institution established by private individual(s) or no n-governmental organization(s).
3. The term "employer" refers to any person who engages or hires employees for the purpose of work.
4. The term "Senior or Mid-Aged Persons" refer to nationals aged between forty-five to sixty-five years.
5. The term "long-term unemployed" refers to an insured person who has been unemployed for one year; has accumulated at least 6 months of insurance enrollment within the three years preceding the cessation of their insurance coverage and has registered for jo b seeking at a public employment service agencies within one month.
Article 3
Every national shall have the freedom to choose their occupation, subject to the limitations and restrictions as prescribed by law.
Article 4
All nationals possessing the capability to work shall have equal access to Employment Services, without discrimination.
Article 5
(Ⅰ)For the purpose of ensuring fair and equal opportunity in seeking employment, employers are prohibited from discriminating against any job applicant or employee based on race, class, language, thought, religion, political party affiliation, place of origin, birth place, gender, gender orientation, age, marital status, appearance, facial features, disability, astrological sign, blood type, or former membership in any labor union; in cases where other laws specifically address discrimination, those laws shall take precedence.
(Ⅱ)When recruiting or hiring employee(s), employers refrain from engaging in any of the following acts:
1. Making false statements or misrepresentations or disclosures relating to employment.
2. Retaining any personal identification documents (such as identification cards, work certificates, or other certifying documents) of job applicants or employees, or requesting the surrender of personal documents unrelated to the employment, without the individual’s consent.
3. Retaining personal belongings of job applicants, or demanding deposits or bonds from job applicants or employees.
4. Assigning tasks to any job applicant or employee that violate public order or accepted moral standards.
5. Providing false information or fraudulent health examination samples in applications for permits to employ foreign workers, or in the recruitment, importation, or management of such workers.
6. Failing to publicly display or inform the range of regular pay less than NT$40,000.
Article 6
(Ⅰ)For the purposes of the Act, the term "competent authority(ies)" refers to the Ministry of Labor at the central government level, the respective municipal city government(s) at the municipal level, and the respective county/city government(s) at the County/City level.
(Ⅱ)In matters concerning employment services to indigenous peoples, the Central Competent Authority shall collaborate with the Council of Indigenous Peoples of the Executive Yuan.
(Ⅲ)The Central Competent Authority shall:
1. Formulate nationwide employment policies, propose statutes for legislative enactment, promulgate regulations, and develop nationwide plans/programs.
2. Provide information on the nationwide employment market.
3. Establish standards for the implementation of employment services.
4. Supervise, guide, coordinate, and assess employment services throughout the nation.
5. Issue permits to employers for the employment of foreign workers and administer such employment.
6. Issue, suspend, or terminate permits for private employment services institutions involved in:
(1) Introducing foreign worker(s) to work in Taiwan.
(2) Introducing resident(s) of Hong Kong, Macau, or Mainland China to work in the Republic of China; or
(3) Introducing nationals to work abroad.
7. Handle other matters related to nationwide employment services and employment promotion.
(Ⅳ)The competent authority(ies) at the municipal and county/city levels shall:
1. Address employment discrimination issues.
2. Administer and examine the employment of foreign workers in the Republic of China.
3. Issue, suspend, or terminate permits for private employment services institutions that introduce nationals to work within the Republic of China.
4. Manage private employment services institutions beyond the scope described in subparagraph 6 of Paragraph 3 and subparagraph 3 of this Paragraph.
5. Cooperate in other matters related to employment services for nationals.
Article 7
(Ⅰ)The competent authority(ies) may convene consultative bodies composed of representatives from labor groups, employers, government officials, and scholars and experts. These bodies shall review and provide consultation on matters related to employment services and employment promotion. The composition of the consultative bodies must ensure that at least half of the participants are representatives from labor groups, employers, and scholars and experts.
(Ⅱ)No less than one-third of the representatives in any category mentioned in Paragraph 1 are of a single gender, ensuring gender diversity.
Article 8
To enhance professional knowledge and operational efficiency of the employment services personnel, the competent authority(ies) shall conduct periodic on-the-job training programs.
Article 9
Employment services institutions, as well as their personnel, are prohibited from publicly disclosing any information pertaining to employers or job applicants, except as required for the purpose of employment referrals.
Article 10
(Ⅰ)During periods of legal strikes or ongoing industrial disputes resulting from the termination of labor contracts that affect the rights of the majority of the labor force, employment services institutions are prohibited from referring job applicants to work at the affected workplaces.
(Ⅱ)The term "majority of the labor " as referred to in Paragraph 1 of this article is defined as: the involvement of ten or more workers in the industrial dispute within a business entity, or in cases where there are fewer than ten workers involved, one-third or more of the workers at the workplace subject to the dispute.
Article 11
(Ⅰ)The competent authority(ies) should reward and publicly commend individuals who have made distinguished contributions to the advancement of nationals' employment.
(Ⅱ)The regulations concerning the criteria, categories, procedures, and other relevant aspects regarding the rewards and public commendations as referred to in Paragraph 1 of this article shall be separately prescribed by the Central Competent Authority.
Data Source:Ministry of Labor / Law Source Retrieving System Labor Laws And Regulations