Note:the following translation is provided for reference only. It is based on the original text of the Employment Services Act of May 1992. Numerous rulings and explanations referring to particular employment situations have been made by the ROC authorities since that time. It would not be practical to translate them all on this site. The rulings and explanations are printed in Chinese language by certain publishing companies from time to time.

Employment Services Act

Promulgated on May 8, 1992
 

Chapter 1
General Provisions
 

Article 1

This act is especially enacted to promote the employment of nationals in the hope of strengthening social and economic development. Matters not herein provided shall be regulated by other applicable acts.

Article 2

The terms used in this act shall be defined as follows:

1. "employment services" means services provided to assist nationals in obtaining jobs and employers in hiring workers.
2. "institution for employment services" means an institution where employment services are provided. An institution set up by government agencies is known as "public institution for employment services", while those set up by individuals or non-government organizations are known as "private institutions for employment services".
3. "employer" means a person who employs or hires workers.
4. "senior or middle-aged people" means nationals between forty-five and sixty-five years of age.

Article 3

Nationals have the freedom to choose their own occupations except those which the act forbids or restricts.

Article 4

Nationals with working abilities shall have an equal right to take employment.

Article 5

To ensure equal employment opportunities, an employer shall not discriminate against job applicants on the grounds of race, status, language, thought, religion, political party, birthplace, sex, appearance, features, physical handicap, or past membership of a labor union.

Article 6

The competent authorities denoted in this act shall be the Council of Labor Affairs of the Executive Yuan in the Central Government, the Provincial (Municipal) Government in the Province (municipality), and the County (Municipal) Government in the County (municipality).

Article 7

The competent authorities may invite representatives of workers, employers, as well as government delegates and experts to constitute the committee for employment services to investigate and discuss matters concerning the promotion of employment services.

Article 8

In order to increase the professional knowledge and working efficiency of persons at work, the competent authorities shall provide them with facilities for periodic occupational training.

Article 9

An institution of employment services and its personnel shall maintain complete confidentiality on all information related to employers or job applicants, except for the information needed for job recommendations.

Article 10

During the period of conciliation or arbitration of a dispute, or when a legal strike is going on, an institution of employment services shall not recommend any job applicant to work at the place where there is a dispute between workers and employers.

Article 11

The competent authorities shall commend and reward persons who are distinguished in the promotion of employment services.
 
 

Chapter 2
Governmental Employment Service
 

Article 12

The competent provincial (municipal) authorities shall, depending on the needs of official functions, establish public institutions of employment services in different localities.

The rules on the establishment of public institutions of employment services shall be prescribed by the competent central authority.

Article 13

A public employment institution shall, principally, provide employment services free of charge. However, advertising expenses incurred on behalf of employers seeking employees shall be borne by the employers concerned.

Article 14

A public employment institution shall not reject any request either from job applicants for job openings, or from employers for suitable workers, unless the request violates acts and regulations or they refuse to submit relevant information.

Article 15

Considerations may be given by a public employment institution to subsidize traveling expenses for a job applicant attending interviews if he is a member of family on the living-allowances list.

Article 16

A public employment institution shall collect, comprehend, and analyze information on changes in wage rates, the supply-and-demand of manpower, and future developments in its district, in order to provide information on the employment market.

Article 17

A public employment institution shall provide employment consultation to assist nationals in choosing or adopting their jobs.

Article 18

A public employment institution shall keep in close touch with schools in its district in order to assist them with occupational guidance for students, as well as to recommend job openings, to advise on attendance of occupational training programs, or to provide with other suitable assistance.

Article 19

A public employment institution shall, in order to assist job applicants who lack work

knowledge and employment skills, recommend that they attend occupational training sessions, and give them assistance afterwards to locate suitable job openings.

Article 20

After the implementation of the unemployment insurance scheme, a public employment institution shall refer applicants for such payments either to suitable job openings or to occupational training programs.
 
 

Chapter 3
Employment Promotion
 

Article 21

The government shall, with reference to relevant information on conditions of employment and unemployment, plan and specify measures for regulating the supply and demand of manpower and to promote the effective use of manpower resources and national employment.

Article 22

The competent central authorities shall establish a nation-wide employment information network in order to attain the balancing of regional supply and demand for manpower and the implementation of the unemployment insurance program. The local authorities shall support the establishment and the maintenance of the aforementioned information network.

Article 23

When widespread unemployment results from economic recession, the competent central authorities shall encourage employers to negotiate with labor unions or with workers to avoid lay-offs by means of reducing working hours, adjusting wages, and promoting workers' education and training. In addition, they shall, depending on actual needs, take appropriate measures to assist in the increase of temporary occupational opportunities, the provision of small loans to start-up businesses, or the intensification of occupational training.

Article 24

The competent authorities shall make plans and efforts to help in the employment of the following voluntary persons:

1. women who support their families,
2. senior or middle-aged persons,
3. the handicapped,
4. original residents,
5. persons with working ability from the family under living allowances,
6. those who are considered as essential by the competent authorities.

The aforementioned plans shall be reviewed periodically in order to make them practical and effective.

Article 25

A public employment institution shall actively strive for and regularly announce job openings and opportunities for the handicapped and the senior or middle-aged persons.

Article 26

The competent authorities shall, depending on actual needs, arrange for suitable occupational training to assist the re-employment of women who left their jobs on account of pregnancy, childbirth, or child care.

Article 27

The competent authorities shall, depending on actual needs, arrange special training facilities to assist handicapped persons in adapting to working environments.

Article 28

A public employment institution shall conduct follow-up visits after organizing employment for handicapped persons to assist their adaptation to work.

Article 29

When legally laying off handicapped workers by paying separation allowances, the employer shall notify the local authority or the local public employment institution of the name, sex, age, address, position of the handicapped persons and the reasons for the termination before the date on which such termination takes effect.

After receiving the aforementioned information, the public employment institution shall, according to the working skills and capacities of the handicapped workers, assist in their re-employment.

Article 30

The provincial (municipal) and county (municipal) government shall circulate a list of names of persons with work skills whose family members are receiving living allowances within its magistracy to the local public employment institution in order to recommend them for employment or for attendance at occupational training facilities.

Article 31

A public employment institution shall keep in close touch with the local Conscription Agency to assist with the employment of persons discharged from military service, or to arrange for them to attend occupational training facilities.

Article 32

A public employment institution shall keep in close touch with the Life-renewal Protection Society in order to assist persons being protected to be employed or to attend occupational training facilities.

Article 33

overnment organizations of various ranks shall list annual budgetary expenses to Promote employment and execute measures specified herein according to their respective rights and obligations.

The competent central authorities may decide to accord them with financial subsidies in accordance with the financial conditions of the local government organizations concerned.

Article 34

When laying off a worker, the employer shall provide information on the worker to the competent local authorities and the public employment institution seven days before the termination of such employment.

The public employment institution, after receiving such information, shall assist the laid-off employee to seek re-employment according to his aims and interests as well as his working skills and capacities.
 
 

Chapter 4
Private Employment Services
 

Article 35

A private employment institution may be established after it has obtained permission and a license from the competent authorities. The said permission and supervision procedures shall be prescribed by the competent central authorities.

Without obtaining permission, no employment services shall be allowed or undertaken. The competent authorities shall collect fees when issuing the permission licenses denoted in the first paragraph, and the amount shall be prescribed by the competent central authorities.

Article 36

A private employment institution may deal with any of the following employment service matters:

1. Matters relating to job placement or talent agency,
2. Recruitment of employees as entrusted,
3. Employment service matters assigned by the competent central authorities.

Article 37

A private employment institution shall be staffed by personnel with special qualifications in numbers prescribed in the regulations. The qualifications and numbers of full-time staff of employment service institutions denoted in the previous paragraph shall be prescribed in the permission and supervision regulations.

Article 38

A private employment institution shall prepare and keep documents of various items prescribed in the regulations, and shall not evade, interfere or refuse their inspection by the competent authorities.

Article 39

The following activities shall be forbidden when engaging in the guidance or recruitment of employees:

1. Misleading advertisements or notices,
2. Incorrect statement of labor conditions,
3. Retention of the job applicant's identity card, work permit, or other supporting documents against the applicant's will,
4. Retention of the applicant's belongings,
5. Causing an applicant to perform certain services and obtaining benefit therefrom,
6. Collecting fees other than the security deposit for employment or other sums specified in the regulations,
7. Causing an employee to engage in work which violates public order or social customs.

Article 40

When publishing or disseminating advertisements for employees as entrusted, the private employment institution shall retain the information on the prospective employer's name or designation, address, telephone number, identity, or business registration license for two months from the date of the advertisement, and shall not interfere or refuse when access to such information is demanded by the competent authorities.
 
 

Chapter 5
The Recruitment and Supervision of Foreign Persons
 

Article 41

To protect the rights of nationals for work, the employment of foreign persons shall not interfere with the job opportunities and labor conditions of nationals, economic development, or social stability.

Article 42

A foreign person who has not obtained a work permit shall not be recruited to work within the Republic of China.

Article 43

Except when there are other provisions in this act a foreign person recruited by an employer to do a job within the Republic of China shall be limited to the following:

1. Those performing special or technical services,
2. Chief executive of an enterprise invested or established by an Overseas Chinese or a foreign person approved by the Government,
3. Teachers of public or registered private colleges or universities, or primary schools for foreign residents,
4. Full-time teachers of foreign languages in short-term supplementary schools registered under the act of supplementary education,
5. Athletes or athletic coaches,
6. Work related to religion, the arts or entertainment,
7. Family servants,
8. Work designated by the competent central authorities as necessary to important reconstruction strategies or economic or social development,
9. Other work especially approved by the competent central authorities for which local talent is lacking, necessitating the recruitment of foreign persons.

The competent central authorities together with the competent central authorities for enterprises shall formulate and specify the qualifications of and the investigation procedures for these foreign workers.

Prior to lodging an application for the recruitment of a foreign person for the work prescribed in sub-paragraphs 7 to 9 of paragraph one, the employer shall first advertise locally for such a worker stating reasonable labor conditions. If the advertisement fails to satisfy the need, the employer may apply to rectify the deficiency by employing a foreign worker.

When foreign persons are employed in accordance with sub-paragraphs 7 and 8 of paragraph one, the contract between the two parties shall be in accordance with the terms specified in Periodic Contracts prescribed in the Labor Standards Law.

The dependents of foreign employees recruited under any of the items prescribed in paragraph one are excluded from the applicable extent of Labor Insurance Program and shall not apply for and receive the insurance pay for the reason of diseases, childbirth, or death.

Article 44

Prior to the recruitment of foreign persons for work prescribed in paragraphs 1 to 6 of the previous Article, the employer shall examine and prepare the related documents and apply for permission for each business objective except for consultants or researchers employed by the central, provincial (municipal) government and/or subsidiary institutes for academic research.

Such permission and related measures of recruitment and supervision shall be prescribed by the competent central authorities together with the competent central authorities for enterprises.

Article 45

Prior to the recruitment of foreign persons for work prescribed in sub-paragraphs 7 to 9 of paragraph one of Article 43, the employer shall examine and prepare the related documents, and apply for permission from the competent central authorities. Such permission and related measures of recruitment and supervision shall be prescribed by the competent central authorities together with the competent central authorities for enterprises.

Article 46

Embassies, consulates, and other institutes of foreign countries in the Republic of China may employ foreign persons with the permission of the Ministry of Foreign Affairs. Such permission and related measures of recruitment and supervision shall be prescribed by the Ministry of Foreign Affairs together with the competent central authorities.

Article 47

An employer wishing to employ foreign students attending public or private colleges or universities shall apply to the Ministry of Education for permission. Such permission and related measures of recruitment and supervision shall be prescribed by the Ministry of Education together with the competent central authorities.

The work of these foreign students is not subject to the prescriptions of paragraph one of Article 43. Except for summer or winter vacation, there shall be a ceiling of 12 working hours per day.

Article 48

If an employer hires any of the following foreign persons, he is not subject to the prescriptions of paragraph one of Article 43, Article 49, Article 50, Article 52, and paragraph two of Article 54. He is also exempt from paying the employment stabilization fee and the security deposit prescribed in Article 51 and Article 55.

1. One who marries a national of the Republic of China with domestic residence and a permit to reside,
2. refugees permitted to reside,
3. persons of exemplary behavior who have been permitted to be continuously employed within the Republic of China, and have resided for five years in their dwellings.

For employing such persons, the employer shall apply for permission in accordance with the prescriptions of Article 44 to Article 46. For employing persons to do work outside of that denoted in paragraph one of Article 43, the employer shall apply for permission from the competent central authorities.

Article 49

The maximum duration for employing foreign persons is two years. At the end of this period, the employer may apply for an extension of one year if necessary. However, the maximum duration for employing foreign persons for work specified in sub-paragraphs 7 and 8 of paragraph one of Article 43 is only one year, but the employer may apply for an extension of another year.

Article 50

Any employed foreign person who needs to change his employer or work within the permitted duration must request the original employer to apply jointly with the prospective new employer for permission to change. However, foreign workers employed for work specified in sub-paragraphs 7 to 9 of paragraph one of Article 43 shall not be allowed to change their employer or work.

Article 51

When employing foreign persons for work specified in sub-paragraphs 7 or 8 of paragraph one of Article 43, the employer shall pay the employment stabilization fee to the bank account of the Special Fund to be established by the competent central authorities. This fund shall be devoted to the promotion of national employment. The amount of the employment stabilization fee, receipts and disbursements, safekeeping, and the use of said Fund shall be prescribed by the competent central authorities together with other relevant agencies.

The competent central authorities may revoke the permission to employ foreign persons in case an employer fails to pay the employment stabilization fee.

Article 52

An employer shall give written notice to the competent local authorities, the competent authorities for enterprises, or the local police in case any of the following events occur:

1. An employee has been continuously absent from work without leave for three days and has lost contact,
2. An employee has severed the employment relationship with the employer,
3. The permitted duration of employment has expired.

Article 53

An employer shall not behave in the following manners:

1. Employ or continuously give employment to foreign persons without permission, or when the permission has been invalidated,
2. Employ foreign persons under his own name to work for other people,
3. Employ or continuously give employment to foreign persons for whom others have applied for work permits,
4. Assign foreign persons to engage in work other than that denoted in the permit.

Article 54

In case any of the following conditions prevail, the foreign person's work permit shall be partially or completely revoked:

1. Working for an employer not certified in the work permit,
2. Engaging in work not mentioned in the work permit,
3. The existence of any of the situations specified in Article 52,
4. Refusal to have regular physical check-ups during the period of employment, or if the physical and/or mental competence of the employee is inadequate for the work assigned, or if the employee suffers from an infectious disease stipulated by act or death.
5. Violation of the demands prescribed in accordance with paragraph 2 of Article 44, Article 45, Article 46, or paragraph 1 of Article 47, causing serious consequences,
6. Violation of other laws or regulations of the Republic of China, causing serious consequences.

Any foreign person whose work permit has been revoked as denoted in the previous paragraph, shall be compelled to leave the country immediately and shall not be allowed to seek work in the Republic of China.

Article 55

Any employed foreign person who has been legally deported under the orders of a police agency shall have his traveling expenses and detention fees borne by the employer.

The funeral service and expenses of a foreign worker who dies during the period of employment in the Republic of China shall be the responsibility of the employer.

When an employer recruits foreign persons to do work mentioned in sub-paragraphs 7 or 8 of paragraph one of Article 43, the employment stabilization fee shall be sufficient to cover all expenses denoted in paragraph one. The amount shall be fixed by the competent central authorities.

If an employer fails to pay the fee mentioned in the previous paragraphs, or if the employment stabilization fee paid by the employer is not sufficient to cover all expenses denoted in paragraph one, and the employer has been duly notified but still refuses to pay up, the institution which has paid the expenses for the employer shall request the Court to decide the amount which the employer shall repay.

Such a decision shall be enforceable by act.

Article 56

No one may recommend foreign persons to work for others illegally.

Article 57

The competent authorities, the competent authorities for enterprises, or police agencies may assign certain persons who carry with them the required documents to proceed to the workplace where foreign persons work or where foreign persons may be illegally employed, to conduct inspection.

An employer shall not evade, interfere with, or refuse the inspection mentioned in the previous paragraph.
 
 

Chapter 6
Penal Provisions
 

Article 58

If an employer violates the provisions of paragraphs 1, 2, or 3, of article 53 and the number of workers employed or continuously given employment is one, the said employer shall be penalized with a prison term of six months or less, forced labor service, or payment of a fine of NT$90,000 or less, or both imprisonment and payment of a fine of less than NT$90,000. If the number of persons illegally employed is two or more, the employer shall be liable to a prison term of no more than three years, forced labor service, or payment of a fine of NT$300,000 or less, or both imprisonment and payment of a fine of less than NT$300,000.

In case the representative of a corporate person, agent of the corporate person and the natural person, the employees or other staff personnel commit the aforesaid offense in the course of business operations, not only the persons committing the offenses, but also the corporate or natural person concerned shall be required to pay the above-mentioned penalties.

Article 59

Any person who violates the provisions of Article 56 shall be penalized with a prison term of six months or less, forced labor service, or payment of a fine of less than NT$150,000, or both imprisonment and payment of a fine of less than NT$150,000.

Any person committing the above-mentioned offense with the intention of making profit shall be penalized with a prison term of less than three years, forced labor service, or payment of a fine of less than NTS600,000, or both imprisonment and payment of a fine of less than NT$600,000.

Any person who frequently commits the offenses prescribed in paragraph one shall be penalized with a prison term of less than five years, forced labor service, or payment of a fine of less than NT$1,500,000, or both imprisonment and payment of a fine of less than NT$1,500,000.

In case the representative of a corporate person, agent of the corporate person and the natural person, the employees or other staff personnel commit the offenses mentioned in the previous three paragraphs in the course of business operations, not only the persons committing the offenses, but also the corporate or natural person concerned shall be required to pay the above-mentioned penalties.

Article 60

Any person who violates the provisions of paragraph two of Article 35 shall be penalized with a fine of no less than NT$90,000 and no more than NT$900,000.

Article 61

Any person who violates the provisions of Article 39 or paragraph two of Article 57 shall be penalized with a fine of no less than NT$15,000 and no more than NT$150,000.

Article 62

Any person who violates the provisions of Article 5, Article 9, Article 10, paragraph one of Article 29, paragraph one of Article 34, Article 40, Article 42, Article 52, or paragraph 4 of Article 53 shall be penalized with a fine of not less than NT$3,000 and not more than NT$30,000.

Any person who violates the provisions of Article 42 may be compelled to leave the country within a certain period by police agencies, with the assistance of the employer. In case of non-compliance with the injunction, compulsory enforcement may be used for this purpose.

Article 63

A private employment institution which violates the provisions of this act or the orders or regulations promulgated therefrom shall be penalized with a fine of no less than NT$3,000 and no more than NT$30,000. Other relevant provisions of this act shall also be applied. In case of serious offenses, a part or the whole of its business operations shall be terminated or its permit revoked.

Article 64

Any person who fails to pay fine penalties even after receiving official notice shall be dealt with by the Court for compulsory enforcement.
 
 

Chapter 7
Supplementary Provisions
 

Article 65

Any person who has engaged in private employment service before the implementation of this act shall apply for the prescribed permission before the deadline decided by the competent central authorities. Any person who fails to apply before the deadline shall be penalized accordingly.

Article 66

Any foreign person already employed in the Republic of China under relevant acts or regulations shall apply for a permit after the implementation of this act during the rest of the employment duration, provided that the duration has not yet expired. Under such circumstances, the permit application may be sent without following the procedures prescribed in this act.

Article 67

The provisions of this act regarding foreign persons are applicable to those without nationality, Chinese who have foreign nationality entering the country on a foreign passport, or nationals of the Republic of China who have not obtained a domestic residence permit.

Article 68

The recruitment and supervision of persons from mainland China for employment in Taiwan shall follow the relevant provisions of Chapter Five of this act. The prescriptions of other relevant acts or regulations are also applicable.

Article 69

The enforcement rules of the present act shall be prescribed by the competent central authorities.

Article 70

This act shall take effect on the day of promulgation.