Title:
Employment Service Act ( 2018.11.28 Modified )

  Chapter Ⅵ Penal Provisions

Article 63
Anyone who violates Article 44, or Subparagraph 1 or 2 of Article 57 shall be fined therefore an amount of at least NT$ 150,000 and at most NT$ 750,000; anyone with a recurrent violation of the same provision above-mentioned within five years shall be imprisoned for a term of at most three years, or detained for hard labor, and/or penalized for an amount of at most NT$ 1,200,000.
Where the representative of a legal person or the agent, employee or other staff member of a legal or natural person engages in that capacity in business operations which violate the provisions of Article 44 or Subparagraph 1 or 2 of Article 57, not only the offender himself shall be punished in accordance with paragraph 1 of this article, but the legal or natural person concerned shall also be levied therefore the fines or pecuniary penalties as referred to in the same paragraph of the same article.
Article 64
Anyone who violates the provisions of Article 45 shall be fined therefore an amount of at least NT$ 100,000 and at most NT$ 500,000; anyone with a recurrent violation within five years shall be imprisoned for a term of at most one year, or detained for hard labor, and/or penalized for an amount of at most NT$ 600,000.
Anyone who violates the provisions of Article 45 with the intention of making profits therefrom shall be imprisoned for a term of at most three years, or detained for hard labor, and/or penalized for an amount of at most NT$ 1,200,000.
Where the representative of a legal person or the agent, employee or other staff member of a legal or natural person engages in that capacity in business operations which violate the provisions of Article 45, not only the offender himself shall be punished in accordance with paragraphs 1 to 3 of this article, but the legal or natural person concerned shall also be levied therefore the fines or pecuniary penalties as referred to in the respective paragraphs of the same article.
Article 65
Anyone who violates Paragraph 1, Subparagraphs 1, 4 or 5 or Paragraph 2 of Article 5, Paragraph 2 of Article 34, or Subparagraph 2, 7 to 9 or 18 Paragraph 1 of Article 40 shall be fined therefore an amount of at least NT$ 300,000 and at most NT$ 1,500,000.
Anyone who engages in employment services businesses without permit therefore and in violation of Subparagraphs 2, 7 to 9 or 18 Paragraph 1 of Article 40 shall be punished in accordance with Paragraph 1 of Article 65.
Anyone who violates Paragraph 1 of Article 5, the competent authority(ies) at the municipal and county/city government level shall have the employer’s name or title and the person-in-charge put on public notice, and shall order the employer to make improvements within a specified period; failure to make improvements shall result in consecutive fines for each violation after the aforementioned period expires.
Article 66
Anyone who violates Subparagraph 5, Paragraph 1 of Article 40 shall be fined therefore an amount of at least ten times up to twenty times of the amount equivalent to that of the fees beyond the prescribed standard or any other unjust interest he/she has demanded, agreed to be paid at a later stage, or accepted.
Anyone who engages in employment services businesses without permit therefore and in violation of Subparagraph 5, Paragraph 1 of Article 40 shall be punished in accordance with paragraph 1 of this article.
Article 67
Anyone who violates Subparagraph 2 , 3 or 6 of Paragraph 2 of Article 5, Article 10, Paragraph 1 of Article 36, Article 37, Article 39, Subparagraphs 1, 3, 4, 6, 10 to 17, 19, or 20, Paragraph 1 of Article 40, Subparagraphs 5, 8, or 9 of Article 57 or Paragraph 2 of Article 62 shall be fined an amount of at least NT$ 60,000 and at most NT$ 300,000.
Anyone that engages in employment services businesses without permit therefore and in violation of Subparagraphs 1, 3, 4, 6 or 10, Paragraph 1 of Article 40 shall be punished in accordance with paragraph 1 of this Article.
Article 68
Anyone that violates Article 9, paragraph 1 of Article 33, Article 41, Article 43, Paragraph 1 of Article 56, Subparagraph 3 or 4 of Article 57, or Article 61 shall be fined therefore an amount of at least NT$ 30,000 and at most NT$ 150,000.
Anyone that violates Subparagraph 6 of Article 57 shall be fined therefore an amount of at least NT$ 20,000 and at most NT$ 100,000 per national worker so dismissed or laid off.
Any foreign worker who violates Article 43 shall be immediately ordered to depart from the Republic of China and banned from further engaging in work in the said territory.
Where a foreign worker has violated the provisions of Article 43 or where any of circumstances as referred to in Paragraphs 1 and 2 of Article 74 has arisen or existed, but such foreign worker fails to depart as ordered by the competent authority from the Republic of China by the end of the specified period, the entry and exit administrative authority may enforce such departure and may provide therefore provisional shelter prior to deportation.
Article 69
Where any of the following circumstances have arisen or existed, the competent authority(s) shall order private employment services institution concerned to suspend its operation for at most one year:
1.The said institution has violated either Subparagraphs 4 to 6 or 8, Paragraph 1of Article 40 or Article 45.
2.After having been consecutively fined three times for the same violation, the said institution has not yet rectified by further committing the violation.
3.The said institution has been fined for four (4) or more times within one year.
Article 70
Where any of the following circumstances has arisen or existed, the competent authority(s) may annul the operation permit of the private employment services institution concerned:
1.The said institution has violated Article 38, Subparagraphs 2, 7, 9 14, or 18, Paragraph 1 of Article 40; or
2.The said institution has been ordered to suspend its operation for two or more times within one year.
Where the operation permit for a private employment services institution has been annulled, the competent authority shall reject any further application for establishment of another such institution by the person in charge of the said institution or by its representative within five years of such annulment.
Article 71
Should any member of professional employment services staff violate Article 37, the central competent authority may annul the certificate(s) therefore.
Article 72
Where any of the following circumstances has arisen or existed, the employer’s recruitment permit and employment permit shall be annulled in whole or in part:
1.Any of the circumstances as referred to in the respective Subparagraphs of Paragraph 1 of Article 54 has arisen or existed;
2.Any of the circumstances as referred to in Subparagraphs 1, 2, and 6 to 9 of Article 57 has arisen or existed;
3.The employer has failed to rectify within the specified period any of the circumstances as referred to in Subparagraphs 3 and 4 of Article 57;
4.After having been notified by the competent health authority of the circumstances as referred to in Subparagraph 5 of Article 57, the employer has failed to make the arrangement(s) or submission of the report(s); or
5.The employer has violated any of the provisions of Article 60.
Article 73
Where any of the following circumstances has arisen or existed with respect to a foreign worker, the employment permit therefore shall be annulled:
1.The employed foreign worker has engaged in work for an employer who is not stated in the Permit;
2.The employed foreign worker has engaged, without being appointed by his/her employer, in work on his/her own initiative that is not within the sphere of the permit;
3.The employed foreign worker has been unjustifiably absent from his/her work and not in contact for three consecutive days or the employment has been terminated;
4.The employed foreign worker has refused to undergo health examinations, submitted fake health examination sample(s), or failed health examinations, or his/her mental and/or physical condition(s) are/is not qualified for the assigned work, or he/she has been infected with any of the contagious diseases that have been listed and announced by the central competent health authority;
5.The employed foreign worker has been in serious violation of the regulations promulgated pursuant to Paragraph 2 or 3 of Article 48 or Article 49;
6.Other than the above, the employed foreign worker has been in serious violation of applicable laws and regulations in the Republic of China; or
7.The employed foreign worker has refused to submit any information as required by applicable laws and regulations, or has submitted false information in violation of the applicable laws and regulations;
Article 74
Unless otherwise provided for in the Act, upon the expiration of the duration of employment permit or the annulment of said permit in accordance with Article 73, the employed foreign worker concerned shall be immediately ordered to depart from the Republic of China and be barred from further engaging in work in the said territory.
Where an employed foreign worker has been unjustifiably absent from his/her work and not in contact for three consecutive days, the competent authority(s) administering the entry/exit businesses may, prior to the annulment of employment permit therefore, immediately order him/her to depart from the Republic of China.
Where any of the following circumstances has arisen or existed, the provision regarding immediate order of departure as referred to in paragraph 1 of this article is inapplicable:
1.With respect to the employment of foreign students, oversees Chinese students or foreign students of Chinese origin in accordance with the Act, the duration of employment permit therefore has expired or any of the circumstances as referred to in Subparagraphs 1 to 5 of Article 73 has arisen or existed; or
2.During the duration of the employment permit, the employed foreign worker, having failed to undergo health examinations in accordance with the applicable laws and regulations or having once failed such examinations, but has passed further health examinations authorized to be so conducted by Competent Health Authority.
Article 75
The fines as provided for in the Act shall be levied by the competent authorities at the municipal level and county/city level.
Article 76
Should the fines levied in accordance with the present Act not be paid within the specified period, legal compulsory proceedings to enforce the then unpaid fines shall be sought.
Data Source:Ministry of Labor / Law Source Retrieving System Labor Laws And Regulations