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Regulations for Permission and Supervision of Private Employment

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:

1. The profit employment services institution: company established under the


Company Act or business entity established under the Business Entity Registration
Act that are being or intended to be engaged in business activities of employment
services.

2. The non-profit employment services institution: corporate body established under


related acts, civilian organization based on the purposes of public interests, or other
organization based on purposes excluding for profit that are being or intended to be
engaged in business activities of employment services.

Article 3

Other assigned employment service matters by the central competent authority


prescribed in Subparagraph 4 of Paragraph 1 of Article 35 of the Act denote the
following:

1. Consigned by employers to carry on matters relating to recruitment, bringing-in,


resumptive hiring of foreign person employment, as well as application for

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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.

2. Consigned by employers to carry on matters for a foreign person working in the


Republic of China his/her living management, entry and departure arrangement,
medical examination arrangement and the results of medical examination reported to
the health competent authorities, counseling, consultation, and translation.

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

The Employment Services Professional Personnel prescribed in Article 36 of the Act


shall possess one of the following qualifications:

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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.

The person who participate the certification of Technician Certificate of Employment


Services Occupation shall possess qualifications of being a graduate of domestic or
foreign Senior High/Vocational School or above that are registered or recognized by
the Department of Education or having the qualification of equivalent intellectual
capacity and scholastic achievements.

Article 5-1

Employment Services Professional Personnel is restricted to obtain one (1) certificate


of Employment Services Professional Personnel.

Employment Services Professional Personnel whose certificate has been abolished in


accordance with Article 71 of the Act shall not apply for issuing certificate within two
years since the date of abolishment.

Those persons who have obtained a valid certificate of Employment Services


Professional Personnel after the amendment of these Regulations on Jan. 13, 2004,
their certificates shall be replaced by the Central Competent Authority.

Article 6

The number of Employment Services Professional Personnel prescribed in Article 36


of the Act denotes the following:

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.

The Employment Services Professional Personnel staffed by private employment


services institutions or their branches in accordance with the provisions prescribed in
the previous Paragraph, who have been counted as Employment Services Professional
Personnel of other private employment services institutions or their branches, shall
not be counted as the number of Employment Services Professional Personnel
denoted in the previous Paragraph, nor shall they conduct the duties prescribed in
Subparagraph 4 in Paragraph 1 of Article 7.

Article 7

Employment Services Professional Personnel shall perform the following duties:

1. Manage and analyze occupational attitude.

2. Assist to confirm employment consultation of career development plans.

3. To examine each application document relating to business activities of


employment services undertaken by the private employment services institution at
which the person works.

4. To endorse in accordance with regulations on each employer-related application


document or form.

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:

1. List of employees: The information on each employee’s name, number of National


Identification Card, sex, address, telephone number and arrival and/or resignation
date, etc., shall be recorded.

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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.

4. Job-seeking registration and recruitment registration forms: The information on job


seeker or employer’s designation, address, telephone number, registration date and
job-seeking or recruitment terms and conditions, etc., shall be recorded.

5. Job-seeking and recruitment situation tables.

6. Written contracts with employer and job seeker.

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.

8. Other documents and information required by the competent authorities.

Documents and information prescribed in previous Paragraph shall be retained for


five years.

Article 9

The private employment services institution when accepting job-seeking registration


or making referral shall not be engaged in the following activities:

1. To refer a child worker of more than fifteen but less than sixteen years of age to do
heavy and hazardous work.

2. To accept job-seeking registration of or refer a person below fifteen years of age,


unless the person concerned is a graduate of junior high school or by nature and
circumstances the work in confirmed by the competent authorities to be such that it
will do no harm to the person’s physical and mental health.

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

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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

The for-profit employment services institution engaged in helping recruit domestic


persons to work domestically shall have five hundred thousand New Taiwan dollars as
minimal amount of net-receipt capital, and add up additional two hundred thousand
New Taiwan dollars to the amount of capital when establishing each branch unless its
original amount of net-receipt capital is equal to the amount of net-receipt capital
required for establishing branch(s).

The for-profit employment services institution engaged in 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 shall have five million
New Taiwan dollars as minimal amount of net-receipt capital, and add up additional
two million New Taiwan dollars to the amount of capital when establishing each
branch office unless its original amount of net-receipt capital is equal to the amount of
net-receipt capital required for establishing branch(s).

The non-profit employment services institution engaged in 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 shall be limited to the
following:

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.

2. Juristic person’s organization charters or partnership contract.

3. Business plan or business execution plan.

4. Schedule of fee-charging items and amounts.

5. Supporting document of amount of net-receipt capital, unless it is a non-profit


employment services institution.

6. Other documents required by the competent authorities.

The competent authorities may as if necessary demand the applicant concerned to


present original copies of documents prescribed in previous Paragraph for the purpose
of examination.

Those obtained a preparatory permission issued by the Central Competent Authority


engage in 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 shall notify the local competent authorities to conduct inspection before they
apply for establishment permission.

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The inspection items referred to in the previous Paragraph shall be publicly
announced by the Central Competent Authority.

Article 13

Upon receiving the preparatory permission to establish a private employment services


institution and its branch(s), the applicant concerned shall within three months since
the granted date of preparatory permission register the institution under related acts
and prepare the following documents to apply for the establishment permission and
license from the competent authorities:

1. Application form.

2. List of employees.

3. Photocopies of person with employment services specialty certificate and National


Identification Card.

4. Photocopy of company registration, business registration certificate or


organization-accredited certificate.

5. Original copy of bank-issued guaranty letter of security, unless it is a branch, a non-


profit employment services institution or a profit employment services institution
engaged in helping recruit domestic persons to work domestically.

6. Evidence document of genuinely preparatory facts after the local competent


authorities have conducted inspection in accordance with regulations referred to in
Paragraph 4 of Article 12.

7. Other documents required by the competent authorities.

The competent authorities may as if necessary demand applicant(s) to present original


copies of documents prescribed in previous Paragraph for the purpose of examination.

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.

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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.

The private employment services institution permitted by the central competent


authorities may undertake the business activities of employment services in helping
recruit domestic persons to work domestically

Article 13-1

The competent authorities may by themselves or consign to related institutions


(institutes) or organization to conduct evaluation of private employment services
institutions, the grades of evaluation include three ranks of A, B and C.

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

The for-profit private employment services institution engaged in 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 shall in
accordance with Subparagraph 5 of Paragraph 1 of Article 13 submit a bank-issued
guaranty letter of security of three million New Taiwan dollars as a guaranty for civil
liability.

The for-profit private employment services institution prescribed in previous


Paragraph has not been claimed as being liable for any guaranty during the period of
license validity and been ranked as grade A in the most recent evaluation, the amount
of one million New Taiwan dollars can be deducted form its security each time when
a new license is changed and issued; but the amount of security shall not be less than
one million New Taiwan dollars after deduction each time.

The for-profit private employment services institution prescribed in Paragraph 1 and


Paragraph 2 has been claimed as being liable for any guaranty, and after the security
being paid for the guaranty liability if the remaining sum of security is deficient from
the legal amount of security, the institution shall make up the deficit within one month

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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

The competent authorities shall not grant preparatory, establishment or re-


establishment permissions to a private employment services institution and its
branch(s) in the event of the following situations:

1. Violating provisions of application of the Act or these Regulations.

2. Responsible person, managers, director(s) of the board (members of general


council) or representative of the institution had been in violation of Paragraph 2 of
Article 34 or Article 45 of the Act, and has been penalized with an administrative fine,
imprisonment for a term, detention or a fine for less than two years.

3. Responsible person, managers, director(s) of the board (members of general


council) or representative of the institution once working at the other private
employment services institution has due to his/her act caused the latter violating the
Act or these Regulations and being penalized with suspension, revocation or abolition
for less than two years.

4. The location applied for business operation is being registered and used by the
other private employment services institution.

5. A non-profit private employment services institution has due to violating public


interests been penalized with an administrative fine, suspension or improvement in a
definite term for less than two years.

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.

2. Photocopy of and translation copy in Chinese of license or other relevant


supporting documents for business activities of employment services issued by the
government of the country in which the company is located.

3. Evidence documents of and translation in Chinese of no violation of labor laws and


regulation in the most recent two years in the country where the company locates.

4. Other documents required by the competent authorities.

The documents prescribed in previous Paragraph shall be notarized by the


government of the country and examined by the embassy of the Republic of China in
the country in which the company is located within three months before the date of
filing application.

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.

2. Shareholders’ agreement or meeting record of decision.

3. Photocopy of license.

4. Other documents required by the competent authorities.

The institution prescribed in previous Paragraph after obtaining alteration permission


shall in accordance with other related acts complete alteration registration within three
months since the date of issuing alteration permission, and shall prepare the following
documents to apply for changing license from the competent authorities:

1. Application form.

2. Photocopy of company registration, business registration certificate or


organization-accredited certificate.

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3. Original copy of license.

4. Other documents required by the competent authorities.

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

The competent authorities shall not grant alteration permission to a private


employment services institution and its branch(s) in the event of the following
situations:

1. Responsible person, managers, director(s) of the board (members of general


council) or representative of the institution after applying for alteration was in
violation of Paragraph 2 of Article 34 or Article 45 of the Act, and has been penalized
with an administrative fine, imprisonment for a term, detention or a fine for less than
two years.

2. Responsible person, managers, director(s) of the board (members of general


council) or representative of the institution after applying for alteration who was
working at the other private employment services institution caused due to his/her act
the latter violating the Act or these Regulations and has been penalized with
suspension, revocation or abolition for less than two years.

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

The private employment services institution prior to engaging in such business as


permission application, recruitment, bringing-in, resumptive hiring or management

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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:

1. Items and amounts of fees.

2. Ways of collecting fees and refund.

3. Matters relating to damage compensation when foreign persons, residents in Hong


Kong or Macao, or persons from the Mainland China fail to report to employer.

4. Matters relating to taking-over, medical examination arrangement and the results of


medical examination reported to the health competent authorities of foreign persons,
residents in Hong Kong or Macao, or persons from the Mainland China after arrival.

5. Matters relating to deportation, replacement, extension and management of foreign


persons, residents in Hong Kong or Macao, or persons from the Mainland China.

6. Matters relating to damage compensation when violating the contract.

7. Other matters required by the central competent authority.

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

The private employment services institution carrying on business activities of


employment services for a foreign person in the Republic of China who is engaged in
work prescribed in Subparagraph 8 to Subparagraph 10 of Paragraph 1 of Article 46
shall sign a written contract with him/her, and the following items shall be clearly
recorded in the written contract:

1. Items of services.

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2. Items and amounts of fees.

3. Ways of collecting fees and refund.

4. Other matters required by the central competent authority

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.

The contract prescribed in Paragraph 1 shall be translated into a version easily


understood by the foreign person.

Article 22

The private employment services institution permitted in accordance with Article 17


by the competent authorities to establish in the Republic of China by a foreign person
or foreign employment company shall before the departure of its responsible person
designate an agent, and register the agent’s name, nationality, domicile or residence
and consent letter of being an agent at the competent authority issuing the license.

Article 23

When there is turnover of person with employment services specialty in a private


employment services institution, the institution shall within thirty days since the date
of turnover prepare the following documents and report to the authority issuing the
license for reference:

1. Application form for turnover of person with employment service specialty.

2. List of employees after turnover.

3. Certificate and photocopy of National Identification Card of newly hired person


with employment services specialty.

4. Other documents required by the competent authorities.

Article 24

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The license of private employment services institution shall not be leased or
transferred.

The license prescribed in previous paragraph or certificate of person with employment


services specialty if stained or damaged shall be returned in exchange for new license
or certificate; if lost, the institution or the person shall prepare affidavit and
application form recorded with the number of original license or certificate to apply
for issuance of a lost voucher.

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.

3. Photocopy of company registration, business registration certificate or


organization-accredited certificate.

4. Original copy of bank-issued guaranty letter of security, unless it is a branch, a non-


profit employment services institution or a profit employment services institution
engaged in helping recruit domestic persons to work domestically.

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.

6. Original copy of license.

7. Other documents required by the competent authorities.

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 carrying on services of job


placement, talents’ recruitment and screening shall inform job seekers of content,
salary, work hours, fringe benefits and other relevant labor conditions of the referred
job.

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

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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.

2. Applying for consecutive approval overdue.

3. Being abolished or revoked by the country the institution located of business


operation license or permission of engaging in employment services.

4. Violating the regulations referred to in Paragraph 2, Article 16.

5. There are falsenesses concerning the items recorded or documents turned in when
applying for approval.

6. Violating Article 45 of the Act, or providing untrue information or foreign persons’


examined bodies for medical examination when being entrusted to engage in business
activities of employment services.
7. Performing consigned duties unduly, and cause employer(s) violating Article 44 or
Article 57 of the Act when engaging in business activities of employment services.

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.

10. Being convicted of guilty of intimidation, fraud, embezzlement or breach of faith


after trial in the first instance when engaging in business activities of employment
services.

11. Demanding, agreeing beforehand on or receiving expenses beyond foreign


persons’ fee charge of entering the Republic of China to work and wage affidavits or
the standards stipulated by related regulations, or improper benefits when engaging in
business activities of employment services.

12. Demanding, agreeing beforehand on or handing over improper benefits when


engaging in business activities of employment services.

13. Entrusting a person with no permission or being entrusted by a person with no


permission to recruit foreign persons to work in the Republic of China.

14. Being penalized in relation to business activities of employment services in its


own country.

15. Violating other laws and regulations or obstructing public interests, causing
serious consequence.

When the Central Competent Authority denies approval, revokes or abolishes


approval in accordance with regulations of the previous Paragraph, it shall publicly
announce.

Article 32 (Deleted)

Article 33

The reports, tables or forms prescribed in Subparagraph 11 of Article 40 of the Act


denote the following:

1. Job-seeking and recruitment situation tables.

2. List of employees.

3. Application form for turnover of person with employment service specialty.

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4. Application from for recruitment permission of foreign person.

5. Application from for employment permission of foreign person.

6. Application from for extension of employment permission of foreign person.

7. Application from for transfer of employer or job of foreign person.

8. Report of foreign person lost contact and whereabouts unknown.

9. Other reports, tables or forms required by the competent authorities.

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

The private employment services institution when publishing, broadcasting or


distributing advertisements and commercials relating to business activities of
employment services shall clearly indicate on advertisements and commercials its
designation, number of license, address and telephone number.

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:

1. Failing to carry on the establishment plan permitted by the competent authorities.

2. Evading, interfering with or refusing the investigation and examination on


accounting books.

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

These Regulations shall be take effect on the date of promulgation.

22
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

Chapter 1 General Principles

Article 1

The Regulations are stipulated in accordance with Paragraph 2 of Article 48 of the


Employment Service Act (hereinafter “The Act”).

Article 2

For the purposes of the Regulations:

23
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.

24
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.

3. Photocopy of employment contracts.

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).

5. Original of the receipt for examination fee.

6. Other documents as may be required by the Central Competent Authorities.

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:

1. Photocopy of the contracts related to construction, sale or technology cooperation.

2. Business registration documents of domestic and foreign legal persons under the
contracts.

3. Evidence document(s) of the contract(s) undertaking appointment issued by foreign


legal persons.

4. Photocopy of the certificates of the company registration or business registration of


the Applicant Company, and photocopy of the national identity card or passport of
the person in charge of the Applicant Company.

5. Name List of the Foreign Worker(s) undertaking the contracts, and photocopy of
their passport(s) and diploma(s).

Where a submitted document in the previous two Paragraphs was made/issued in a


foreign country, the Central Competent Authorities may require the official
verification thereof by the Republic of China’s embassy or consulate to that foreign
country.

Article 8

Should an employer find it necessary to continue the employment of the Class A


Foreign Worker(s), the employer shall, within four (4) months prior to the expiration
of the employment permit, apply for extension of the employment permit with the
documents as referred to in Subparagraph 1, Subparagraphs 3 to 6 of Paragraph 1 of
Article 7 to the Central Competent Authorities. But those whose duration of
Employment Permit is less than six (6) months may only apply their extension after
two-third of the duration of Employment Permit.

Article 9

Should the period of stay of Foreign Worker(s) as referred to in Article 5 be fifteen


(15) days or more but not over ninety (90) days, the employer(s) may apply pursuant

26
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;

2. The Foreign Worker to be recruited fails the health examination conducted in


accordance with regulations administering health examinations of employed
Foreign Workers stipulated by the Central Competent Health Authorities;

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;

6. The Employer has violated the provision as referred to in Subparagraph 3 of Article


57 and failed to rectify within the specified period within two years prior to the
application date.

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

In order to apply for a permit to employ Class B Foreign Worker(s), an Employer


shall provide reasonable employment terms and register for such employment
demands with local Public Employment Service Agencies, following the registration,
shall advertise such employment demands in one of the domestic newspapers
assigned by the Central Competent Authorities for three (3) days, and, recruitment of
domestic workers shall be conducted at least twenty-one (21) days following the day
on which the said advertisement is ended. But applying to employ in-house nurses, an
Employer shall follow the specifications set forth in Article 12-1.

The advertisement for employment demands as referred to in Paragraph 1 of this


Article shall specify the type of work, the number of persons to be recruited, the
required specialty or qualifications, the name of the Employer, the wage/salary, the
working hours, the working location, the employment period, whether meals are
provided, and the name, address and telephone number of the Public Employment
Service Agency which processed the registration.

When conducting the recruitment as referred to in Paragraph 1 of this Article, the


Employer shall notify the labor union or labors of the business entity of such
recruitment, and shall announce the recruitment publicly in such a place as to make it
apparent and obvious to the labors in the business entity.

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

An Employer who has recruit domestic workers in accordance with Paragraph 1 of


Article 12 can not recruit sufficiently, may, within thirty (30) days following the day
on which twenty-one (21) days of recruitment is ended, submit recruitment
advertisement materials, name list of employed domestic workers and documents set
forth by the Central Competent Authorities, to the Public Employment Service
Agency processing the registration for the certificate of employment demands.

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

Employers, when conducting domestic recruitment in accordance with the relevant


laws and regulations, shall not engage in any of the following acts toward those
recommended by Public Employment Service Agency or the self-recommended job
applicants:

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.

3. Rejecting to employ a domestic worker based on any other unjustified reasons.

Article 16

In applying for a permit to recruit Class B Foreign Worker(s), an Applicant 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.

3. Certificate of the employment demands. But applicants of employing in-house


nurses are exempted of this.

30
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.

5. Certificates issued by the Municipal City Government or the Counties/Cities


Governments with respect to the following matters, provided that the requirement
of such certificates, however, is exempted should household assistants or in-house
nurses be recruited.

1) That reserve of employees’ pension has been transmitted to Workers’ Retirement


Preparation Fund and the Workers’ Retirement Pension has been appropriated in
accordance with the relevant laws and regulations.

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.

7) That there appear no concrete factual situations suggesting a probability of


shrinkage of business, discontinuance of business, shut-down of factory, or
suspension of business.

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.

6. Disciplinary Plan on the Employed Foreign Workers’ Life.

7. Original of the receipt for examination fee.

31
8. Other documents as may be required by the Central Competent Authorities.

The situations specified in Item 6 to 8 of Subparagraph 5 of the Previous Paragraph


are limited to the occurrence within two (2) years prior to the date of application.

A civilian-organization Applicant Employer, in addition to the documents as referred


to in Subparagraph 1 and Subparagraphs 3 to 8 of Paragraph 1 of this Article, shall
also submit the photocopy of the national identity card of the person in charge of such
organization and that of the certificate of such organization’s registration.

The requirement of the document as referred to in Subparagraph 6 of Paragraph 1 of


this Article is exempted where the Foreign Workers so employed are those as referred
to in Subparagraph 8 or 11 of Paragraph 1 of Article 46 of The Act.

Article 16-1

The Disciplinary Plan on the Employed Foreign Workers’ Life specified in


Subparagraph 6 of Paragraph 1 of Article 16 shall state the following contents:

1. Residential address of the Foreign Workers;

2. Self-established by the Employer or consigned to Private Employment Service


Agency for administration;

3. Basic information of the disciplinarian.

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;

3. Certificate documents of such departured Foreign Workers;

4. Photocopy of agreement document terminating the employment, which shall be


printed both in Chinese and in the native language of the said departured Foreign
Worker’s national country and being verified by the local competent authority;

32
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);

2. Death Certificate of the said Foreign Workers;

3. Other document as may be required by the Central Competent Authorities.

Article 18

Except where otherwise justified, Employers, in applying for employment of Class B


Foreign Worker(s), shall not revoke registration for employment demands within six
(6) months prior to the domestic recruitment.

Article 19

In applying for employment of Class B Foreign Worker(s), an Employer shall


administer genuinely the Disciplinary Plan on the Employed Foreign Workers’ Life.

Article 20

Where an Employer is permitted by the Central Competent Authorities to re-conduct a


recruitment of Class B Foreign Worker(s), the Employer shall not conduct such
recruitment or consecutively employ Class B Foreign Worker(s) before the originally
employed Class B Foreign Worker(s) depart from the territory of the Republic of
China.

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 an application in accordance with Paragraph 1 of this Article for permit to


recruit Class B Foreign Worker(s) be granted, the Applicant Employer shall complete
all the necessary procedures to facilitate the entry into the Republic of China of those
Class B Foreign Worker(s) from the country as permitted by the Central Competent
Authorities within six (6) months following the date as specified by the notification of
permission. The failure to complete such procedures within the specified time shall
render the recruitment permit null and void.

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.

34
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:

1. Permit for recruitment.

2. Report, as issued by a hospital as approved or designated by the Central Competent


Health Authorities of the Republic of China, certifying the Applicant Class B
Foreign Worker’s passage through a health examination conducted within three (3)
months prior to the date of application.

3. Profession certificate.

4. Documents certifying the Applicant Class B Foreign Worker’s settled practice of


good-mannered behavior. However, the requirement of such documents is
exempted where the Applicant Class B Foreign Worker applies for re-entry within
thirty (30) days following his/her departure from the territory of the Republic of
China.

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.

6. Labor contract as properly executed.

7. Affidavit of the recruited Class B Foreign Worker’s acknowledgment of


understanding of the relevant provisions of The Act.

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.

35
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.

2. Name list of the said Foreign Workers.

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 document as referred to in Subparagraph 3 of the Previous Paragraph submitted


by the employers who have been granted permit to consecutively employ Class B
Foreign Worker(s) can be exempted from verification.

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:

36
1. Application form(s).

2. Recruitment permit(s).

3. Name list of the recruited Class B Foreign Worker(s).

4. Health Examination Report issued by a domestic hospital as designated by the


Central Competent Health Authorities.

5. Original of the receipt for examination fee.

6. Certificate evidence of notification acceptance issued by the local competent


authority according to Article 27-1.

7. Other documents as may be required by the Central Competent Authorities.

Article 29

Should an Employer find it necessary to continue the employment of Class B Foreign


Worker(s) within the period of sixty (60) days prior to the expiration of the
Employment Permit(s) or of the Extended Employment Permit(s) for a Major
Construction Project, the Employer shall apply, with the application form(s) for
extension for Employment Permit(s) or for an additional extension for the Extended
Employment Permit(s) for a Major Construction Project, together with any other
document(s) as may be required by the Central Competent Authorities, for such
extension or additional extension respectively thereof within the said period.

Chapter 4 Application for Permit(s) to Employ Class C Foreign Worker(s)

Article 30

Foreign Student(s), as referred to in Subparagraph 1 of Article 50 of The Act, shall


conform to the qualifications as set forth in the Regulations on Foreign Students
Enrolled in Schools in the Republic of China.

Article 31

Should a Foreign Student as referred to in Article 30 have been officially enrolled in a


school to take courses for two (2) semesters or more in a division, department, or
graduate institute thereof, or to take language course(s) for one (1) year or more, and

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

Overseas Chinese Student(s) as referred to in Subparagraph 2 of Article 50 of The Act


shall conform to the student’s status as set forth in the Regulations Relating to Home-
coming Overseas Chinese Students’ Education of and Counsel.
Foreign Students of Chinese Origin other than Overseas Chinese Student(s) as
referred to in Subparagraph 2 of Article 50 of The Act shall conform to the student’s
status as set forth in the Regulations on Education Relating to Hong Kong and Macao
Residents Coming to the Republic of China.

Article 33

38
In order to apply for a work permit, a Class C Foreign Worker shall submit the
following documents:

1. Application form(s).

2. Photocopy of student’s identity card.

3. Original of Letter of Authorization issued by the School or by the Subsidiary


Language Center affiliated with the School in which the Applicant Class C Foreign
Worker is enrolled.

4. Grades certificate(s) of the latest semester or school report of full-year language


course(s). The requirement of such documents is exempted where the Applicant Class
C Foreign Worker meets the requirements as set forth in Paragraph 2 of Article 31.

5. Original of the receipt for examination fee.

6. Other documents as may be required by the Central Competent Authorities.

In addition to those documents as referred to in Paragraph 1 of this Article, the


Applicant Class C Foreign Worker shall also submit the relevant certifying
document(s) as referred to in Subparagraphs 1 to 3 of Paragraph 1 of Article 31 or the
certificate for his/her exceptional specialty in a foreign language as referred to in
Paragraph 2 of Article 31.

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:

1. False information found in the application filed;.

39
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

Chapter 5 Application for Permit(s) to Employ Class D Foreign Workers

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.

3. Photocopy of employment contract(s) or labor contract(s).

4. Photocopy of the passport(s) of the employed Class D Foreign Worker(s).

5. Photocopy of the employed Class D Foreign Worker(s)’s Residence Permit(s) for


Foreigners or his/her Permanent Residence Permit(s)..

6. Original of the receipt for examination fee.

7. Other documents as may be required by the Central Competent Authorities.

Where the Applicant Employer is an organized body of people, in addition to the


documents as referred to in Subparagraph 1 and Subparagraphs 3 to 7 of Paragraph 1
of this Article, the Applicant Employer shall also submit the photocopy of the national
identity card of the person in charge of such organization and that of the certificate of
such organization’s registration.

Article 37

40
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

In order to make applications to the Central Competent Authorities directly in


accordance with Paragraph 2 of Article 51 of The Act, a Class D Foreign Worker shall
submit the documents as referred to in Subparagraph 1, Subparagraphs 4 to 7 of
Article 36.

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

Chapter 6 Regulations Following the Foreign Worker’s Entry in the Republic of


China

Article 40

Should the number of employed Foreign Workers as referred to in Subparagraph 10 of


Paragraph 1 of Article 46 of The Act reach ten (10) or more, the Employer shall set up
disciplinarian(s) in accordance with the following Paragraphs:

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:

1. Obtaining the Certificate of Employment Service Professional Personnel;

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

Private Employment Service Agency accepting the employer’s consignment of Article


40 to conduct Foreign Workers’ disciplinary shall set up disciplinarian(s) in
accordance with the following Paragraphs:

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.

The disciplinarian(s)’ qualifications of the Previous Paragraph apply to the


specifications in Paragraph 2 of Article 40.

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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

Should the number of employed Foreign Workers as referred to in Article 40 reach


thirty (30) or more, the Employer shall set up personnel with bilingual ability among
the employed Foreign Workers in accordance with the following Paragraphs:

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.

The said wage/salary as referred to in Paragraph 1, except the amount incurred by


Foreign Worker(s), shall be paid by the Employer in full amount by cash and directly
to Class B Foreign Worker(s). But when paying by other methods, the Employer shall
issue relevant evidence documents to the Class B Foreign Worker(s) and keep a copy
themselves.

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

When engaging in jobs as referred to in Subparagraphs 8 to 10 of Paragraph 1 of


Article 46 of The Act, no Foreign Worker is allowed to bring alone his/her family to
stay, unless the Employed female Foreign Worker or the spouse of the Employed male
Foreign Worker gives birth to offspring in the Republic of China during the term of
employment and is able to maintain their life.

Article 45

Where an Employed Foreign Worker acts in the manner as referred to in Article 56 of


The Act, in additional of notifying the local authorities and police authorities of such
situation in accordance with the said Article, his/her Employer shall also notify the
Central Competent Authorities of the same. But if the reason of notification for
employed Class B Foreign Workers is terminating employment relationship, then the
local competent authority shall explore and verify the Foreign Workers’ genuine
willingness after it has received the notification; the verification procedure will be
promulgated by the Central Competent Authorities.

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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.

1. Employment permit(s) has/have been terminated.

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.

Chapter 7 Supplementary Provisions

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

The Regulations take effect on January 15, 2004.

Revised Articles of the Regulations take effect on the date of promulgation.

Revised and promulgated Articles of the Regulations on October 3, 2006 take effect
on November 1, 2006.

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