Article 1
These Regulations are drawn upon in accordance with Paragraph 3 of Article 34 and Paragraph 2 of Article 40 of the Employment Services Act (hereinafter referred to as the Act).
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Article 15
The competent authorities shall have the preliminary permits, establishment permit, and/or re-establishment permit applied for by the private employment service agency denied when it falls in one of the following circumstances:
I. Fails to comply with the application requirements of the Law or the this Act;
II. The institution of the heads, managers, directors (management), or representative of the institution have contravened Article 34 Section 2 or Article 45 of the Act with a punishment of fines or indictment issued by the prosecution; or a guilty verdict delivered by the court;
III. The heads, managers, directors (management), or representative of the institution had once served in a private employment service agency and their conduct resulted in the institution having one of the following circumstances:
(I) in violation of Subparagraphs 4 to 9, Paragraph 1 of Article 40 or Article 45 of the Act;
(II) in violation of Subparagraphs 2 or 14, Paragraph 1 of Article 40 of the Act; also, failed to perform corrective action before deadline;
(III) A nonconformity that was fined three times but wasn’t improved;
(IV) Punished with a fine more than four times in one year;
(V) Punished with a suspension more than two times in one year;
IV. The heads, managers, directors (management), or representative of the institution engaged in employment services business committed a crime by utilizing the business power, opportunity, or method against the job applicants, employers, or foreigners in violation of Criminal Law Article 221~229, Article 231~233, Article 296~297, Article 302, Article 304, Article 305, Article 335, Article 336, Article 339, Article 341, Article 342, or Article 346 and were been indicted by the prosecution or found guilty by the court.
V. The heads, managers, directors (management), or representative of the institution engaged in the employment services business that have committed a crime of human trafficking in violation of Human Trafficking Act and indicted by the prosecution or found guilty by the court.
VI. Nonprofit employment service agencies that have been punished for committing prejudice to public interest with a fine, suspension, or a corrective action before deadline by the governing authorities or competent authorities.
VII. The corporate address or business address for business operation applied for by the profit employment service agency is a private employment service agency already set up.
VIII. The institution address for business operation applied for by the non-profit employment service agency is a private employment service agency already set up.
IX. An agency with an evaluation rating of “C” has failed to perform the corrective actions before deadline or the evaluation rating of the corrective actions performed is below “B”;
X. Agencies that applied for the setup of branches did not receive any evaluation and without any evaluation rating or the most recent evaluation rating was “C”.
XI. Agencies evade, obstruct, or refuse to accept an evaluation.
XII. Commissioned to apply for work permit; the number and ratio of mission foreigners in the country within three months reaches the standards stipulated in Table 1.
The violations against paragraph 2~6 and paragraph 12 are limited to the occurrence within two years from the application date.
The permit issued by the competent municipal or county (city) authorities is not subject to Section 1 Paragraph 9 and 12.
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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, indicted by the procuratorial organ, judged juilty by the court.
2. 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:
(1) had been in violation of Subparagraphs 4 to 9, Paragraph 1 of Article 40 or Article 45 of the Act;
(2) had been in violation of Subparagraphs 2 or 14, Paragraph 1 of Article 40 of the Act and order improvement within a definite term but fail to do so;
(3) has been penalized with an administrative fine for three times due to the same cause, but still failed to make improvement;
(4) has been penalized with an administrative fine for four times within one year;
(5) has been penalized with a suspension for twice within one year 3. Responsible person, managers, director(s) of the board (members of general council) or representative of the institution after applying for alteration served in the employment service industry or has manipulated its power, opportunity or methods over employment seekers, employers or foreigners to violate the contents of articles 221 to 229, 231 to 233, 296 to 297, 302, 304, 305, 335, 336, 339, 341, 342 or 346 of Criminal Act and was indicted by the procuratorial organ or judged juilty by the court.
4. Responsible person, managers, director(s) of the board (members of general council) or representative of the institution once violated human trafficking crime defined in the Human Trafficking Prevention Act and was indicted by the procuratorial organ or judged juilty by the court.
5. The location for business operation after applying for alteration is being registered and used by the other private employment services institution.
6. The location of the non-profit employment services institution after applying for alteration is being registered and used by the other private employment services institution.
7. The institution does not apply for alteration permission in accordance with the regulations referred to in Article 18.
The situations specified in subparagraph 1 to 4 of the Previous Paragraph are limited to the occurrence within two (2) years prior to the date of application.
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Article 31
The recognition of the foreign manpower service agency or its employees engaged in employment services business defined in Article 16 with one of the following circumstances will not be endorsed or will be annulled or revoked by the central competent authorities:
I. Failed to comply with the requirements and make corrections in time.
II. Late in applying for recognition renewal.
III. The business license or service permit is annulled or revoked by the mother nation.
IV. Violated Article 16 Section 2.
V. Stated false information or provided forged document in the application filed.
VI. Commissioned to arrange employment services business in violation of Article 45 of this Act, or providing false information or foreigner’s health check report.
VII. Commissioned to arrange employment service business but failed to exercise due diligence that causes the employer violating Article 44 or Article 57 of this Act.
VIII. Commissioned to arrange citizens or foreigners to work in Taiwan, or, introduce residents of Hong Kong or Macau and Mainland China to work in Taiwan but failed to exercise due diligence that causes foreigner’s whereabouts to be unknown and loss of contact.
IX. Arrange employment services business in violation of the employer’s instructions and with the permit and other relevant documents detained.
X. Committed a crime of intimidation, fraud, conversion, or embezzlement in processing employment service business and is found guilty by the courts of the first instance.
XI. Request, contract, or accept fees, wages affidavit, or excessive charges from the foreigners working in Taiwan while process employment service business.
XII. Demand, contract, or deliver illegal profits in processing employment services business.
XIII. Commissions unauthorized individuals or accepts commission to arrange foreigners to work in the R.O.C.
XIV. Received the employment service business related punishment in the mother nation.
XV. Commissioned to arrange local citizens or foreigners to work in Taiwan within two years from the application date; also, the number and ratio of mission foreigners in the country within three months reaches the standards stipulated in Table 2.
XVI. Committed other severe illegal act or obstruction to public interest.
The recognition that is not endorsed or is annulled or revoked by the central competent authorities referring to above must be announced.
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Article 33
The reports, tables or forms prescribed in Subparagraphs 11, Paragraph 1 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.
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.
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