Professional Documents
Culture Documents
Services Institution
Promulgated by the Council of Labor Affairs, Executive Yuan on July 27, 1992
Amended by the Council of Labor Affairs, Executive Yuan on Dec. 11, 1992, Jan. 23,
1995, June 26 1996, March 5, 1997, June 30, 1998, Jan. 13, 2004, Jan. 3, 2007 and
Jan. 8, 2008.
Chapter I
General Provisions
Article 1
These Regulations are drawn upon in accordance with Paragraph 3 of Article 34 of the
Employment Services Act (hereinafter referred to as the Act).
Article 2
The private employment services institution prescribed in the Act is classified for the
purpose of establishment as the profit employment services institution and the non-
profit employment services institution, and which respectively means:
Article 3
1
recruitment certificate, recruitment permission, employment permission, extension of
employment permission, replacement, transfer of employer, transfer of job, alteration
of employment permission, giving notice when a foreign person has been
continuously absent from work without leave for three days and has lost contact.
Article 4
The private employment services institution when collecting fees shall issue receipts
and keep counterfoils of the receipts.
The placement fee shall be collected only after the date of employment contract
validity.
Any incidents or events attributed to the job seeker occur within forty days since the
date of employment contract validity, and lead to the termination of employment
contract, the employer concerned may demand the private employment services
institution to re-refer once with no charge or refund fifty percent of previously paid
placement fee.
Any incidents or events attributed to the employer occur within forty days since the
date of employment contract validity, and lead to the termination of employment
contract, the job seeker concerned may demand the private employment services
institution to re-refer once with no charge or refund fifty percent of previously paid
placement fee.
Either a job seeker or an employer who has paid the registration fee may demand the
private employment services institution to make referral three times within six
months, unless the employment contract is in validity or the period of recruitment is
terminated after referral.
Article 5
2
1. The person has obtained a test passing evidence issued by the Central Competent
Authority and obtained the certificate of Employment Services Professional
Personnel.
2. The person has qualified for Skills Certificate of Employment Services Occupation,
obtained a Technician Certificate issued by the Central Competent Authority and
obtained the certificate of Employment Services Professional Personnel.
Article 5-1
Article 6
1. The private employment services institution with no more than five employees
shall be staffed by at least one (1) Employment Services Professional Personnel.
2. The private employment services institution with more than six employees but less
than ten shall be staffed by at least two (2) Employment Services Professional
Personnel.
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3. The private employment services institution with more than ten employees shall be
staffed by at least three (3) Employment Services Professional Personnel, and one (1)
additional Employment Services Professional Personnel shall be staffed for every ten
employees counted from the eleventh person.
Article 7
Employment Services Professional Personnel shall duly and sincerely perform the
duties prescribed in previous Paragraph.
Article 8
Documents and information prescribed in Article 39 of the Act include the following:
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2. Counterfoil of all kinds of fee’s receipt, including counterfoils of receipts
prescribed in Paragraph 1 of Article 4.
3. Accounting books.
7. When matchmaking (helping? See Article 11) foreign persons to conduct the works
referred to in Subparagraphs 8 to 11 in Paragraph 1, Article 46 of the Act, those
foreign persons’ report records and those foreign persons’ fee charge of entering the
Republic of China to work and wage affidavits.
Article 9
1. To refer a child worker of more than fifteen but less than sixteen years of age to do
heavy and hazardous work.
3. To refer a person less than sixteen years of age and with no consent letter and age
certificate from his/her guardian.
Article 10
5
The private employment services institution unless permitted shall not establish
branch(s) in any forms to carry on business activities of employment services.
Chapter II
Permission and Alteration of Private Employment Services Institution
Article 11
1. A national legal person registered to the competent authorities under related acts
and established for more than two years, but civilian organization pursuing for public
interests shall be craft organization or social organization.
2. A national organization has within two years before the date of application been
rewarded by the competent authorities or the competent authorities for business
objectives or had concrete accomplishments in a way of promoting public interests of
the society, employer-employee harmony, or stabilizing social order, etc.
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Article 12
Prior to establishing a private employment services institution and its branch(s), the
applicant concerned shall apply for permission from the competent authorities in
which the private employment services institution is intended to be located, but
establishing a private employment services institution for helping recruit foreign
persons to work in the Republic of China, or helping in accordance with regulations
residents in Hong Kong or Macao or persons from the Mainland China to work in
Taiwan area or domestic persons to work outside Taiwan area, the applicant
concerned shall apply for permission from the central competent authorities.
When applying for the establishment of a employment services institution and its
branch(s), the applicant concerned shall prepare the following documents to apply for
the preparatory permission:
1. Application form.
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The inspection items referred to in the previous Paragraph shall be publicly
announced by the Central Competent Authority.
Article 13
1. Application form.
2. List of employees.
Applicant(s) unable to apply during the period prescribed in Paragraph 1 shall apply
in writing for extension from the competent authorities; the period of extension shall
be two months in maximum, and the number of times in application for extension
shall not exceed once.
8
Only when an employment services institution has obtained the license after
examination and consideration, the permission prescribed in Paragraph 1 and
Paragraph 2 of Article 34 is completed.
Article 13-1
The conducting methods, ranks, standards and methods to praise in public for
excellent of the evaluation referred in previous Paragraph shall be publicly announced
by the competent authorities.
Article 14
9
since the date of deficiency; the amount of security will be resumed to three million
New Taiwan dollars at the date of new license being changed and issued. The central
competent authority will abolish the establishment permission of the institution
provided that the deficit is not made up.
The guaranty liability of bank-issued guaranty letter of security submitted by the for-
profit private employment services institution will be annulled after one year since the
date that the institution comes to an end of its business and turn its license, or revoke
its license, or its establishment permission has being abolished.
Article 15
4. The location applied for business operation is being registered and used by the
other private employment services institution.
6. Obtaining rank C of evaluation and has been ordered to improve by a deadline but
do not improve by the deadline or does not reach rank B after improvement.
7. Apply to establish branch(s) but obtain rank C in the most recent evaluation.
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8. Refuse to accept the conducting of evaluation.
Article 16
The foreign employment company engaged in helping recruit persons of its own
country or persons of other countries to the Republic of China, or in accordance with
regulations residents in Hong Kong or Macao, persons in the Mainland China to
Taiwan area to undertake jobs prescribed in Subparagraph 8 to Subparagraph 10 of
Paragraph 1 of Article 46 shall apply for approval from the central competent
authority.
After the foreign employment company has obtained the approval referred to in the
previous Paragraph, it is prohibited to engage in any business activities of
employment services in the Republic of China unless it has obtained the permission
from the competent authorities in accordance with the regulations referred to in
Article 17.
The valid period of approval prescribed in Paragraph 1 is two years and the following
documents shall be prepared when filing application:
1. Application form.
The foreign employment company that applies for consecutive approval shall present
the application within thirty days from the expiration date of effective approval
period.
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The central competent authority for the purpose of approving the foreign employment
company prescribed in Paragraph 1 may impose such conditions as country or region,
number and types of business activities relating to the institution.
Article 17
The competent authorities may depending on domestic economic and labor market
conditions permit a foreign person or a foreign employment company to establish a
private employment services institution in the Republic of China.
The foreign person or foreign employment company shall comply with the provisions
of the Act and these Regulations when applying for permission of establishing a
private employment services institution in the Republic of China.
Article 18
When a private employment services institution and its branch(s) intended to alter
such items indicated in the license as designation, address, amount of capital,
responsible person, managers, director(s) of the board (members of general council)
or representative of the institution shall prepare the following documents to apply for
alteration permission from the competent authority issuing the license:
1. Application form.
3. Photocopy of license.
1. Application form.
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3. Original copy of license.
The institution unable to apply during the period prescribed in previous Paragraph
shall apply in writing for extension from the competent authorities; the period of
extension shall be two months in maximum, and the number of times in application
for extension shall not exceed once.
Article 19
3. The location for business operation after applying for alteration is being registered
and used by the other private employment services institution.
4. The institution does not apply for alteration permission in accordance with the
regulations referred to in Article 18.
Chapter III
Management of Private Employment Services Institution
Article 20
13
for employer who is intended to employ foreign persons or residents in Hong Kong or
Macao, persons in the Mainland China to work in Taiwan area shall sign a written
contract with the employer concerned. The same conditions apply to either anew
recruiting or employing situation.
The following items shall be clearly recorded in the written contract prescribed in
previous Paragraph:
For employers who hire foreign persons to conduct the works referred to in
Subparagraphs 9 of house maid work and Subparagraph 10 of family nursing work in
Paragraph 1, Article 46 of the Act, their written contract of Paragraph 1 shall be
signed by employers personally.
Article 21
1. Items of services.
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2. Items and amounts of fees.
For foreign persons who conduct the works referred to in Subparagraphs 9 of house
maid work and Subparagraph 10 of family nursing work in Paragraph 1, Article 46 of
the Act, their written contract of Paragraph 1 shall be signed by foreign persons
personally.
Article 22
Article 23
Article 24
15
The license of private employment services institution shall not be leased or
transferred.
Article 25
The valid period of license for private employment services institution is two years,
the institution shall within thirty days before the date of license expiration prepare the
following documents to apply for new establishment permission and license:
1. Application form.
2. List of employees.
5. If the institution had violated the regulations of the Act in the previous two years
before the date of application, it shall attach a supporting document of paid-up
administrative fine issued by the competent authority in which the institution is
located.
The institution incompliant with the previous Paragraph to apply for the permission
shall apply for termination of business operation and turn in the license for revocation.
The competent authorities shall revoke the license of the institution that fails to apply
for the termination or had been denied of permission.
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Article 26
The private employment services institution that is intended to suspend for more than
one month shall notify the authority issuing the license for reference within fifteen
days since the date of suspension.
The period of the suspension prescribed in previous Paragraph shall be one year in
maximum; and the institution concerned shall notify for reference within fifteen days
after resuming business.
Article 27
The private employment services institution when terminating its business operation
shall turn in the license to the authority issuing the license for revocation within thirty
days after completing dissolution, alteration of business operation items or
registration of business closure. The competent authorities shall revoke the license of
the institution that fails to apply for the termination.
Article 28
The private employment services institution shall publicly display its license,
schedule of fee-charging items and amounts, certificate(s) of person with employment
services specialty at an obvious location of business operation place.
Article 29
The private employment services institution when being entrusted to help recruit
foreign persons to engage in work prescribed in Subparagraphs 8 to 10 of Paragraph 1
of Article 46 shall inform employers and foreign persons of matters stipulated by the
Act or executive orders issued under the Act.
Article 30
17
The private employment services institution shall within ten days after the end of each
quarter of a year fill in the job seeking and recruitment situation tables and turn in to
the municipal or county (city) competent authority.
The municipal and county (city) competent authorities shall within twenty days after
the end of each quarter of a year collect and adjust the data prescribed in previous
Paragraph and report to the central competent authority for reference.
Article 31
The central competent authority may deny approval, abolish or revoke the approval of
a foreign employment company prescribed in Article 16 when it or its employee(s)
who engaging in employment services business in the event of the following
situations:
1. Inconsistent with application regulations, and after request to make it correct within
deadline, correction has not been completed within deadline.
5. There are falsenesses concerning the items recorded or documents turned in when
applying for approval.
8. Performing consigned duties unduly, and causing foreign person(s) after arrival lost
contact and whereabouts unknown when being entrusted (consigned?) to help recruit
persons of its own country or persons of other countries to the Republic of China, or
helping in accordance with regulations residents in Hong Kong or Macao or persons
from the Mainland China to Taiwan area to work.
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9. Defying the intention of employer, and detaining permission document and other
relevant documents when engaging in business activities of employment services.
15. Violating other laws and regulations or obstructing public interests, causing
serious consequence.
Article 32 (Deleted)
Article 33
2. List of employees.
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4. Application from for recruitment permission of foreign person.
Article 34
The private employment services institution when being entrusted to engage in the
business activities of employment services shall in accordance with regulations affix
the seal of the institution to employer or job seeker application letter (form), and
which shall also be signed and sealed by the responsible person and also signed by the
person of employment services specialty.
Article 35
Article 36
The private employment services institution when its employee or person with
employment services specialty resign shall properly handle the business activities and
notify the person who entrusted the business activities undertaken previously by the
employee or person concerned.
Article 37
The private employment services institution when the person who entrusted
terminates the entrustment shall return the safely kept permission document and other
relevant documents to the person concerned.
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The private employment services institution when terminating its business operation
or being revoked of its license, being abolished of its establishment permission shall
notify the person who entrusted and return the safely kept permission document and
other relevant documents to the person concerned, or after obtaining written consent
form the person concerned transfer the permission document and other relevant
documents to the other private employment services institution to continuously
handle.
Article 38
The foreign employment company prescribed in Article 16 applies again for the
approval within two years after its approval being abolished or revoked, the central
competent authority shall not grant its approval.
Article 39
The competent authorities shall publicly announce the ranks of evaluation it conducts
on the private employment services institution, and when it fines, suspends the partial
or whole business activities, or revokes or abolishes the establishment permission of
the private employment services institution.
Article 40
The competent authorities may at any time assign certain persons to conduct
inspection on the circumstances of business activities and relevant documents and
information of the private employment services institution: and shall notify the
institution concerned to improve in a definite term the matters required to be
improved after inspection.
The competent authorities shall not reveal the content of the information obtained
under previous Paragraph, and if the institution is required to turn in original copies of
the supporting documents, forms and books, receipts and relevant information the
competent authorities shall return them within fifteen days after receiving.
Article 41
The municipal and county (city) competent authorities shall within twenty days after
the end of each quarter of a year sum up situations relating to the establishment,
alteration, suspension, resumption, termination of business operation and penalty of
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regulation violation of the private employment services institution, and report to the
central competent authority for reference.
Article 42
The employment services institution for the disabled applying under the Protection
Act for the Disabled for establishment from the competent authorities shall not be
engaged in the following activities:
Chapter IV
Supplementary Provisions
Article 43
The patterns of documents, forms and tables stipulated in these Regulations are to be
prescribed by the central competent authority.
Article 44
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Regulations on the Permission and Administration of the Employment
of Foreign Workers
Promulgated by the Council of Labor Affairs, Executive Yuan on January 13, 2004,
Amended by the Council of Labor Affairs, Executive Yuan on December 30, 2005,
October 3, 2006 and January 3, 2008
Article 1
Article 2
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1. The term “Class A Foreign Worker(s)” means those foreign person(s) who are
employed to engage in jobs as referred to in Subparagraphs 1 to 6 of Paragraph 1 of
Article 46 of The Act;
2. The term “Class B Foreign Worker(s)” means those foreign person(s) who are
employed to engage in jobs as referred to in Subparagraphs 8 to 11 of Paragraph 1 of
Article 46 of The Act;
3. The term “Class C Foreign Worker(s)” means those foreign person(s) who
engage(s) in jobs in accordance with Subparagraphs 1 or 2 of Article 50 of The Act;
4. The term “Class D Foreign Worker(s)” means those foreign person(s) who
engage(s) in jobs as referred to in Subparagraphs 1 to 4 of Paragraph 1 of Article 51
of The Act.
Article 3
The Central Competent Authorities, after evaluating the conditions of the supply of
and the demand for labor in terms of the circumstances of the domestic economic
development and the employment market, may announce the number and proportion
of, and the categories of occupations engaged in by the Class A Foreign Workers as
referred to in Article 2 to be domestically recruited by employers.
Article 4
The entry visa held by a Foreign Worker shall be deemed as a work permit, should
such visa be granted on the basis of on an international written agreement specifying
the scope of work, the number of people and the period of stay albeit the primary
purpose of such agreement is not to enter the Republic of China to work.
The period of stay as referred to in Paragraph 1 of this Article shall not be longer than
one hundred and eighty (180) days, prior to the expiration of which period an
extension to the validity of visa may be applied for, but no such extended stay shall be
longer than one hundred and eighty (180) days.
Article 5
The entry visa held by a Foreign Worker who engages in occupations as referred to in
Paragraph 3 of Article 51 of The Act shall be deemed as a work permit, should the
period of stay permitted by the visa be within fourteen (14) days.
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The entry visa held by a Foreign Worker, who is appointed by a foreign legal or
natural person in public interest and under the necessity to solve the problems caused
by emergencies, to engage in occupations as referred to in Subparagraph 1 of
Paragraph 1 of Article 46 of The Act, shall likewise be deemed as a work permit
should the period of stay permitted by such visa be no longer than fourteen (14) days.
Article 6
Unless otherwise provided for in The Act or in the Regulations, an employer shall
apply to the Central Competent Authorities for a permit to recruit Foreign Worker(s)
to engage in occupations in the territory of the Republic of China.
Prior to granting the permit as referred to in Paragraph 1 of this Article, the Central
Competent Authorities may consult the Central Competent Authorities administering
the occupations in question for reviewing opinions and comments thereon.
Chapter 2 Application for the Permit to Employ the Class A Foreign Workers
Article 7
In applying for the permit to employ the Class A Foreign Worker(s), an employer shall
submit the following documents:
1. Application form(s).
2. Photocopy of the national identity card or passport of the person in charge of the
Applicant Company, the certificates of the company registration or business
registration. Specially permitted businesses shall attach photocopy of the evidence
document for specially permission.
4. Name List of the employed Foreign Worker(s), and photocopy of their passport(s)
and diploma(s). But Foreign Worker(s) who is employed to engage in jobs as
referred to in Subparagraphs 2, 5 and 6 of Paragraph 1 of Article 46 of the Act is
exempted of photocopy of diploma(s).
25
In applying to employ Foreign Worker(s) to engage in jobs as referred to in Paragraph
1 of Article 51 of the Act, in addition to the required documents specified in the
Subparagraphs 1, 5 and 6 of the Previous Paragraph, shall submit the following
documents:
2. Business registration documents of domestic and foreign legal persons under the
contracts.
5. Name List of the Foreign Worker(s) undertaking the contracts, and photocopy of
their passport(s) and diploma(s).
Article 8
Article 9
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to Article 7 for permit to employ such Foreign Worker(s) within fifteen (15) days
following such Foreign Worker(s)’ entry into the Republic of China.
Article 10
Whenever granting the permit or the extension thereof to employ the Class A Foreign
Worker(s), the Central Competent Authorities shall also notify the Ministry of Foreign
Affairs of such grant.
Article 11
Should any of the following events occur, the Central Competent Authorities shall not
grant all or part of employment permit(s), nor the extension thereof, for employment
of Class A Foreign Worker(s):
1. False or expired information found in the application filed by the Employer for a
permit to recruit Foreign Worker(s) or for the extension thereof;
3. The application so filed is not made in conformity with the relevant requirements,
and the Employer fails to make necessary supplements and/or rectifications thereof
within the specified period;
4. Any violation of the standards as set forth in accordance with Paragraph 2 of Article
46 of The Act;
5. Any violation within two years prior to the application date of the provisions as
referred to Subparagraphs 4 or 5 in Paragraph 2 of Article 5, Article 42, Article 44,
and Subparagraphs 1 to 3 or Subparagraphs 6 to 9 of Article 57 of The Act;
Article 11-1
27
Employers of the Class A Foreign Worker(s) shall provide written notice to the
Central Competent Authorities within three (3) days if the Foreign Worker(s) had the
event of leaving without pay by the law.
Article 11-2
The application and administration after entry of Foreign Worker(s) who enter the
Republic of China to work in accordance with Paragraph 3 of Article 51 apply, except
specified otherwise in the Act, to the specifications of the Class A Foreign Worker(s)
referred to Subparagraph 1 of Article 2.
Chapter 3 Application for the Permit(s) to Recruit and Employ the Class B
Foreign Worker(s)
Article 12
Article 12-1
28
An Employer who intents to employ in-house nurses shall apply for professional
evaluation to the medical teams of medical institutions announced by the Central
Competent Authorities, after the evaluation that taken-caree(s) needs twenty-four (24)
hours caring, domestic cares have been recommended by the Long-Term Care
Administration Center of the Municipal City Government and the County/City
Government, yet referral unsuccessful due to legitimate reasons of unable to satisfy
the caring demand, may apply for employing foreign in-house nurses to the Central
Competent Authorities.
Taken-cares who possess specific severe degree of disability card (pamphlet) may
skip the evaluation procedure in Paragraph 1 of this Article and apply directly to the
Long-Term Care Administration Center of the Municipal City Government and the
County/City Government for domestic care referral.
Article 13
Class B Foreign Worker(s) as employed by the Employer shall possess the same
specialty or qualifications as required by the Employer in the process of domestic
recruitment conducted in accordance with Article 12. The Central Competent
Authorities may re-examine the specialty or qualifications as allegedly possessed by
the Employed Class B Foreign Worker(s) when deemed necessary. Those disqualified
in re-examination shall not be granted permit.
When registering for employment demands, an Employer shall submit for reference
the items and criteria of the domestic recruitment selection regarding the required
specialty to the Public Employment Service Agency processing the registration. The
said Public Employment Service Agency may specify the date to conduct the
selection test and may also invite relevant experts and scholars possessing the
required specialty to witness the selection test.
Article 14
29
Having examined and approved that an Employer has fully complied with Articles 12
and 13 regarding the recruitment, the said Public Employment Service Agency so
processed the Employer’s registration shall issue a certificate for employment
demands indicating the insufficiency of the required number of workers after
domestic recruitment.
Article 15
1. Making false statements regarding the difficulty of work, the danger involved in
work, and so forth.
2. Rejecting a job application on the ground of the job applicant’s lack of the required
technique, while the registered category of employment demands is for neither
technicians nor physical laborers.
Article 16
1. Application form(s).
2. Photocopy of the national identity card of the Applicant Employer or the person in
charge of the Applicant Company, the certificates of the company registration,
business registration, factory registration, and that of the license for specially
permitted businesses. The requirement of the photocopy of the certificates of
factory registration or that of the license for specially permitted businesses is
exempted if so provided for in other laws or regulations.
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4. Name List of the employed domestic workers, where the domestic recruitment was
previously conducted. But applicants of employing in-house nurses are exempted
of this.
2) That payment has been made to the Repayment Fund for Arrear Wage Debts in
accordance with the relevant laws and regulations.
3) That Labor Insurance Premium Payments have been made in accordance with the
relevant laws and regulations.
4) That fines for violation(s) of Labor laws and regulations have been paid in
accordance with the relevant laws and regulations.
5) That the Labor-Management Meetings have been held in accordance with the
relevant laws and regulations.
6) That no strikes or industrial dispute as defined in Article 10 of The Act in the work
place for Class B Foreign Worker(s) to work.
8) That the Applicant Employer has never effected, because of the employment of
Class B Foreign Worker(s), any deterioration in domestic workers’ working
conditions.
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8. Other documents as may be required by the Central Competent Authorities.
Article 16-1
Article 17
In order to apply for replacement of the Class B Foreign Worker(s) in accordance with
Article 58 of The Act, an Employer shall submit the following documents:
1. Application form(s);
2. Name list of Foreign Workers who have left the territory of the Republic of China;
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5. Other document as may be required by the Central Competent Authorities.
In applying for replacement due to the death of Foreign Worker(s) in the Previous
Paragraph, an Employer shall submit the following documents:
1. Application form(s);
Article 18
Article 19
Article 20
Article 21
The Central Competent Authorities may refuse to grant permit for employment of
Class B Foreign Worker(s) should, within the two (2)-year period prior to the date of
the application for such permit, the proportion of domestic workers that have been
laid off, dismissed, or terminated by the Applicant Employer have reached the extent
prescribed by Central Competent Authorities.
Article 22
33
The Central Competent Authorities shall refuse to grant permit for employment of
Class B Foreign Worker(s) should the Applicant Employer, any individual to whom
the in-house nursing services are provided or any of his/her relatives living together
with him/her have ever committed any of the offences as referred to in Articles 221 to
229 of the Criminal Code against any Class B Foreign Worker that has been employed
by the Applicant Employer.
Article 23 (Deleted)
Article 24
The Central Competent Authorities shall refuse to grant permit for employment of
Class B Foreign Worker(s) should the application be in violation of any of the
standard(s)/qualification(s) as promulgated in accordance with Paragraph 2 of Article
46 or Paragraph 2 of Article 59 of The Act.
Article 25
With respect to the application for permit to recruit Class B Foreign Worker(s), the
Central Competent Authorities may prescribe the duration of validity of all sorts of
document(s) so applied and the application procedures.
Should the failure as referred to in Paragraph 2 of this Article be due to force majeure
or any other cause not attributable to the Applicant Employer, the Applicant Employer
may apply, within thirty (30) days before and after the expiration date of Employment
Permit, for extension to the Central Competent Authorities, and, with the approval of
the Central Competent Authorities, proceed with the recruitment within three (3)
months of the date specified in the approval notice.
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Article 26
No Employer may employ any Class B Foreign Worker that has already entered the
territory of the Republic of China, except with the ad hoc approval of the Central
Competent Authorities.
Article 27
When applying for an entry visa in accordance with the applicable laws and
regulations, a Class B Foreign Worker shall submit the following documents:
3. Profession certificate.
5. The Applicant Class B Foreign Worker’s Affidavit regarding expenses incurred for
entry into the Republic of China to work and his/her wage/salary as verified by the
Competent Authorities of the Labor-Exporting Country.
The originally employed Class B Foreign Worker(s) can be exempted from submitting
the documents required as referred to Subparagraphs 3 to 5 and 7 in the previous
paragraph if their employers managed the re-conduct of recruitment by themselves,
were not consigned to private employment services institution(s) and transferred
application documents through the Central Competent Authority.
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Article 27-1
Employers who have been granted permit to recruit or consecutively employ Class B
Foreign Worker(s) shall, within three (3) days after the Foreign Workers’ entry,
submit the following documents and notify the local competent authority to conduct
inspection according to the Disciplinary Plan on the Employed Class B Foreign
Workers’ Life:
1. Legal evidence document of the building provided for Foreign Worker(s) to live.
But the said employers employing foreign worker(s) to conduct sea-fishing works,
home maids, in-house nurse and works stipulated as referred to in Subparagraph 11
in Paragraph 1 of Article 46 of The Act can be exempted.
3. The said Foreign Workers’ Affidavit regarding expenses incurred for entry into the
Republic of China to work and his/her wage/salary as verified by the Competent
Authorities of the Labor-Exporting Country. But those who meet the provisions as
referred to in Paragraph 2 of Article 27 can be exempted.
The local competent authority shall issue a certificate of notification acceptance if the
documents of Paragraph 1 meet the requirements.
The so-called legal evidence document of the building provided for Foreign Worker(s)
to live referred to in Subparagraph 1 of Paragraph 1 refers to the Usage License of
accommodation type as stipulated in the Building Code; those using temporary
buildings as accommodation dormitory shall obtain evidence documents of permit
issued by the Competent Building Authority of the Municipal City Government or the
County/City Governments.
Article 28
Within fifteen (15) days following the entry into the Republic of China of the Class B
Foreign Worker(s) as recruited by an Employer, the Employer shall submit the
following documents to apply for employment permit(s) therefore:
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1. Application form(s).
2. Recruitment permit(s).
Article 29
Article 30
Article 31
37
have had an outstanding performance in academic accomplishments, and should the
school in which he/she is enrolled have acknowledged the existence of any of the
following factual situations, the said Foreign Student may engage in jobs relevant to
the course(s) he/she takes and language he/she studies:
1. It is proved by concrete evidence that the financial situation of the said Foreign
Student is unable to continuously sustain his/her studies and living.
2. The teaching or researching unit of the school in which the said Foreign Worker is
enrolled is in need of his/her assistance and participation in teaching or researching
work.
3. The said Foreign Student has to engage in off-campus practical training related to
the course(s) he/she takes.
Foreign students who meet one of the following qualifications are not restricted by the
provisions as referred to in the previous Paragraph:
1. Foreign Students with exceptional specialty in a foreign language, with the ad hoc
approval by the Ministry of Education, after his/her enrollment in the school, to
work on a part-time basis as a teacher in that language in a subsidiary language
center affiliated with a University/College or with a foreign culture and education
organization stationed in the Republic of China.
2. Foreign Students enroll in a graduate institute and have been approved by the
school in which the said Foreign Workers enroll to conduct relevant researching
work.
Article 32
Article 33
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In order to apply for a work permit, a Class C Foreign Worker shall submit the
following documents:
1. Application form(s).
Article 34
The validity of work permit(s) of Class C Foreign Worker(s) shall not be longer than
six (6) months.
Except for summer or winter vacations, Class C Foreign Worker(s) as permitted to
work in Paragraph 1 of this Article shall not work more than sixteen (16) hours per
week.
Article 35
The Central Competent Authorities shall refuse to grant a Class C Foreign Worker’s
application for work permit(s) should any of the following occur:
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2. The application is not made in conformity with the relevant requirements, and the
Applicant Class C Foreign Worker fails to make necessary supplements and/or
rectifications thereof within the specified period
Article 36
In applying for permit(s) to employ the Class D Foreign Worker(s), an Employer shall
submit the following documents:
1. Application form(s).
2. Photocopy of the national identity card of the Applicant Employer or the person in
charge of the Applicant Company, the certificates of the company registration,
business registration, factory registration, and that of the license for specially
permitted businesses. The requirement of the photocopy of the certificates of factory
registration or that of the license for specially permitted businesses is exempted if so
provided for in other laws or regulations.
Article 37
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Should an Employer find it necessary to continue the employment of Class D Foreign
Worker(s) within the period of sixty (60) days prior to the expiration of the
Employment Permit(s), the Employer shall apply, with the documents as referred to in
Subparagraph 1, Subparagraphs 3 to 7 of Paragraph 1 of Article 36, to the Central
Competent Authorities for extension of the Employment Permit(s) within the said
period.
Article 38
Article 39
The Central Competent Authorities shall not grant employment permit(s) or the
extension thereof for employment of Class D Foreign Worker(s) as applied by the
Employer or directly by the Class D Foreign Worker(s), should any of the following
events occur:
1. False information found in the application filed by the Employer for a permit to
employ Foreign Worker(s) or for the extension thereof;
2. The application is not made in conformity with the relevant requirements, and the
Applicant Employer or Applicant Class D Foreign Worker(s) fail(s) to make necessary
supplements and/or rectifications thereof within the specified period
Article 40
1. Where the number of employed Foreign Workers is ten (10) or more but below fifty
(50), there shall be at least one (1) disciplinarian.
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2. Where the number of employed Foreign Workers is fifty (50) or more but below
one hundred (100), there shall be at least two (2) disciplinarians.
3. Where the number of employed Foreign Workers is one hundred (100) or more,
there shall be an additional disciplinarian per every additional one hundred (100)
employed Foreign Workers.
The disciplinarian(s) of the Previous Paragraph shall possess one of the following
qualifications:
2. Conducting Foreign Workers’ disciplinary more than two (2) years of experience;
3. Graduate(s) of university or college and having more than one (1) year of work
experience.
The local competent authority may notify the employers who have violated the
specifications of Paragraph 1 and 2 of this Article to improve within specified period.
Article 40-1
1. Where the number of Foreign Workers under disciplinary is ten (10) or more but
below fifty (50), there shall be at least one (1) disciplinarian.
2. Where the number of Foreign Workers under disciplinary is fifty (50) or more but
below one hundred (100), there shall be at least two (2) disciplinarians.
3. Where the number of Foreign Workers under disciplinary is one hundred (100) or
more, there shall be an additional disciplinarian per every additional one hundred
(100) Foreign Workers under disciplinary.
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The local competent authority may notify the consigning employer and the consigned
Private Employment Service Agency to improve within specified period if the
consigned Private Employment Service Agency violates the specifications of
Paragraphs 1 and 2 of this Article.
Article 41
1. Where the number of employed Foreign Workers is thirty (30) or more but below
one hundred (100), there shall be at least one such personnel.
2. Where the number of employed Foreign Workers is one hundred (100) or more but
below two hundred (200), there shall be at least two such personnel.
3. Where the number of employed Foreign Workers is two hundred (200) or more,
there shall be an additional such personnel per every additional one hundred (100)
employed Foreign Workers.
The local competent authority may notify the employers who have violated the
specifications of the Previous Paragraph to improve within specified period.
Article 42
Every written labor contract for a fixed term entered into and executed by and
between an Employer and a Foreign Worker in accordance with Paragraph 3 of Article
46 of The Act shall be made in Chinese and shall also be translated, as a duplicate,
into the native language of the Foreign Worker’s national country.
Article 43
When paying the wage/salary to Class B Foreign Worker(s) in accordance with the
labor contract(s), the Employer shall issue to the Class B Foreign Worker(s) and keep
a copy themselves the table of wage/salary indicating both in Chinese and in the
native language of the Class B Foreign Worker(s)’s national country the wage/salary
actually received, the items accountable for the wage/salary, the total amount of the
wage/salary, the method of wage/salary paid, the items of expenses incurred and the
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corresponding amount thereto about National Health Insurance premium, Labor
Insurance premium, Income Tax withhold or boarding.
The Employer shall prepare and keep labor contract(s) and verified Foreign Worker’s
Affidavit regarding expenses incurred for entry into the Republic of China to work
and his/her wage/salary for the inspection of the competent authorities.
The Employer who recruit Class B Foreign Worker(s) in accordance with Paragraph 2
of Article 27 are exempted from preparing and keeping the Affidavit as referred to in
the Previous Paragraph.
Suppose the Employer do not pay the said wage/salary as referred to in Paragraph 1in
full amount, the competent authorities may require them to pay in full within limited
period.
Article 44
Article 45
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The notification as referred to in Paragraph 1 of this Article shall contain the name of
the Employed Foreign Worker, his/her sex, age, nationality, date of entry into the
Republic of China, term of employment, the document number of his/her recruitment
or employment permit, and the photocopy of his/her Residence Permit(s) for
Foreigner.
Where the said employed person has not departed from the territory of the Republic of
China, the police authorities shall make a collective report to the National Police
Administration, Ministry of the Interior, Republic of China and fortify the search for
such missing Employed Foreign Worker.
Article 46
An Employer shall, prior to the expiration of the validity of the employment permit(s)
of any Employed Foreign Worker(s), go through the necessary formalities on behalf
of the Employed Foreign Worker(s) with a view to facilitating the Employed Foreign
Worker(s)’s departure from the territory of the Republic of China.
Should the Employed Foreign Worker(s) be ordered to depart from the territory of the
Republic of China due to any of the following reasons, the Employer shall, within the
specified period, go through the necessary formalities on behalf of the Employed
Foreign Worker(s) with a view to facilitating his/her departure. In any case, however,
the period, if any, specified by the Entry/Exit Authorities in accordance with the
applicable laws and regulations, shall be strictly observed.
2. The result of the health examination(s) has indicated that the Employed Foreign
Worker(s) has/have failed some items in the health examination.
3. The Employer has not applied for employment permit(s) in accordance with the
applicable laws and regulations or such application has already been rejected.
Within thirty (30) days following the departure of the Employed Foreign Worker as
referred to in Paragraphs 1 and 2 of this Article, the Employer shall submit the name
list of the Foreign Worker(s) who has/have departed and the documents certifying
such departure to notify the Central Competent Authorities to that effect.
Article 46-1
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An employer who cannot observe the requirements of notification or application
within specified periods set forth in the Regulations may, after approval by the Central
Competent Authorities, re-do notification or application.
To re-do notification or application in the previous Paragraph is limited for once for
the same case of notification or application.
Article 47
The format of all forms and documents as referred to in the Regulations shall be
promulgated by the Central Competent Authorities.
Article 48
Revised and promulgated Articles of the Regulations on October 3, 2006 take effect
on November 1, 2006.
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