Ministry of Labor
Law Source Retrieving System Labor Laws And Regulations

Print Date：115/06/06 21:21

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

These measures shall take effect on the day of promulgation.