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When relevant construction employers apply for domestic recruitment, the types of jobs they seek to register should include manual labor, and the types of jobs and the number of people required for the job should be confirmed by the project sponsor or the entrusted construction supervision unit, and the application can only be accepted after a certificate is issued. before registering.
【Article 5】
In order to ensure equal employment opportunities for citizens, employers shall not use race, class, language, ideology, religion, party affiliation, place of origin, place of birth, gender, sexual orientation, age, marriage, appearance, facial features, or physical and mental disabilities on job applicants or employees. Discrimination on the grounds of previous trade union membership or previous trade union membership; other laws that expressly stipulate that such provisions shall be complied with. When an employer recruits or employs employees, he must not do any of the following:
1. False advertisements or revelations.
2. Violating the wishes of job applicants or employees, retaining their national ID cards, work certificates or other certification documents.
3. Detaining the property of job applicants or employees or collecting security deposits.
4. Assigning job applicants or employees to engage in work that violates public order or good morals.
5. Providing false information or health examination samples in handling matters related to the application for permission, recruitment, introduction or management of employing foreigners.
【Article 44】
No one shall illegally accommodate foreigners for work.
【Article 45】
No one shall mediate foreigners to work for others illegally.
【Article 47】
1. Employers employing foreigners to engage in the work specified in Subparagraphs 8 to 11 of Paragraph 1 of the preceding article shall first conduct recruitment in the country under reasonable working conditions, and only when the recruitment fails to meet their needs can they be compensated for the insufficient number. When submitting an application, the labor union or labor of the business unit shall be notified of all the contents of the recruitment at the time of recruitment, and an announcement shall be made at the place where the foreigner intends to work.
2. When recruiting domestically in accordance with the provisions of the preceding paragraph, employers shall not refuse job seekers recommended by public employment service agencies unless they have justified reasons.
【Article 54】
1. When an employer hires a foreigner to do the work specified in Subparagraph 8 to Subparagraph 11 of Paragraph 1 of Article 46, if one of the following circumstances occurs, the central competent authority shall not issue a recruitment permit, employment permit or development Part or all of the extension of the employment permit; if the recruitment permit has been issued, the introduction may be suspended:
1. Strikes or labor disputes as stipulated in Article 10 occur at the place where the foreigner is scheduled to work.
2. When recruiting in the country, refuse to hire personnel recommended by public employment service agencies without justifiable reasons, or apply for jobs on their own.
3. The whereabouts of the hired foreigners are unknown or the number or ratio of the hidden foreigners reaches a certain level.
4. Has illegally employed foreigners to work.
5. Has illegally fired a domestic worker.
6. The reduction of the working conditions of domestic workers due to the employment of foreigners shall be verified by the local competent authority.
7. Employed foreigners who disturb the peace and order of the community shall be punished according to the social order maintenance law.
8. Has illegally detained or embezzled the passports, residence certificates or property of foreigners employed.
9. The travel expenses and necessary expenses during the detention period of the employed foreigners who are repatriated abroad shall not be paid after the due date.
10. When appointing and recruiting foreigners, requesting, promising or accepting improper benefits from private employment service agencies.
11. False or invalid information is provided in the application for permission, recruitment, introduction or management of employing foreigners.
12. Publish false job advertisements.
13. The non-compliance with the application regulations has been corrected within a time limit, but has not been corrected within the time limit.
14. Violation of this Act or orders issued in accordance with Article 48, Paragraph 2, Paragraph 3, and Article 49.
15. Violating the provisions of the Occupational Safety and Health Law, resulting in the death or loss of part or all of the employed foreigners' ability to work, without compensation or compensation in accordance with the law.
16. Other serious violations of labor protection laws and regulations.
2. The circumstances specified in Subparagraph 3 to Subparagraph 16 of the preceding paragraph are limited to those that occurred within two years before the date of application.
3. The number of people and the ratio in Subparagraph 3 of Paragraph 1 shall be announced by the central competent authority.
【Article 57】
An employer shall not engage in any of the following circumstances when employing a foreigner:
1. Employing foreigners who are not licensed, whose license has expired, or who have been applied for by others.
2. Hiring foreigners to work for others in their own name.
3. Assigning the employed foreigners to engage in work other than those authorized.
4. Assigning foreigners employed to perform the work specified in Subparagraphs 8 to 10 of Paragraph 1 of Article 46 to change their workplaces without permission.
5. Failing to arrange for employed foreigners to undergo health examinations or failing to report the results of health examinations to the competent health authority in accordance with regulations.
6. The result of dismissal or dismissal of domestic workers due to the employment of foreigners.
7. Force foreigners to engage in labor by force, coercion or other illegal means.
8. Illegally detaining or misappropriating the passports, residence certificates or property of foreigners employed.
9. Other violations of this Act or orders issued in accordance with this Act.
【Article 17】
1. Employers who apply to hire Category 2 foreigners shall register with the public employment service agency at the place where the workplace is located under reasonable working conditions, and register at the national agency established by the central competent authority in accordance with Article 22 of this Law. Post job advertisements on the employment information website, and recruit domestic workers at least 21 days from the day after the posting. However, at the same time, if one of the domestic news papers designated by the central competent authority publishes job-seeking advertisements for three consecutive days, recruitment of domestic laborers shall take place at least 14 days from the day following the expiration of the publication period.
2. The content of the advertisement for job seeking in the preceding paragraph shall include job category, number of people, expertise or qualifications, name of employer, wages, working hours, work location, employment period, catering status, and the name of the public employment service agency that accepts job registration. , address and telephone number.
3. When recruiting for the first item, the employer shall notify the labor union or labor of the business unit, and make an announcement in a place where employees of the business unit can easily see.
4. Employers who apply to hire foreigners to work as home care workers shall conduct domestic recruitment in accordance with the provisions of Article 18.
【Article 19】
1. The second category of foreigners hired by the employer shall also possess the expertise or qualifications required by the domestic recruitment in accordance with the provisions of Article 17. When necessary, the central competent authority may re-examine the expertise or qualifications of the second-category alien. Those who fail the re-inspection shall not be granted permission.
2. Employers who conduct domestic recruitment and conduct selection tests should submit the screening items and employment conditions to the public employment service agency that accepts the registration for reference when applying for registration. The public employment service agency may designate a date to conduct the test for the specialty, and may invite professionals with the specialty to attend the test.
3. The examination items and employment conditions mentioned in the preceding paragraph may be announced by the central competent authority according to the type of work.
【Article 20】
1. The employer recruits domestic workers in accordance with the provisions of Article 17, Paragraph 1. If the recruitment is insufficient, the employer may, within 15 days from the day following the expiration of the recruitment period stipulated in Article 17, Paragraph 1, submit and publish job advertisement materials, employment Domestic labor roster and the documents required by the central competent authority, and apply for a certificate of talent seeking from the public employment service agency that originally accepted the registration of talent seeking.
2. The public employment service agency that originally accepts job-seeking registration shall issue a job-seeking certificate if the employer has been verified to have handled the application in accordance with the provisions of Articles 17 and 19 in case of insufficient recruitment of domestic workers.
【Article 25】
Employers who apply to hire foreigners of the second category shall not withdraw their talent-seeking registration within six months prior to domestic recruitment. However, those with legitimate reasons are not subject to this limitation.
[Article 54 of the Employment Service Act]
If an employer employs a foreigner to engage in the work specified in Subparagraphs 8 to 11 of Paragraph 1 of Article 46, and violates the relevant provisions of the Employment Service Act, the central competent authority shall not issue a recruitment permit, employment permit, or development permit. Extending the employment permit; if the recruitment permit has been issued, the introduction may be suspended.
[Article 65 of the Employment Service Act]
A fine of NT$300,000 to NT$1,500,000 may be imposed if there are false advertisements or false disclosures, or false information is provided when foreigners apply for permission.
[Article 67 of the Employment Service Act]
If a private employment service agency fails to fulfill its entrusted duties and causes the employer to violate the Employment Service Act, a fine of NT$60,000 to NT$300,000 may be imposed with a reprieve.
[Article 70 of the Employment Service Act]
The competent authority may revoke the establishment permit of a private employment service agency under any of the following circumstances:
1. Violation of Article 38, Paragraph 2, Paragraph 7, Paragraph 9 or Paragraph 14 of Article 40.
2. Received more than two suspensions within one year.
If the establishment permit of a private employment service agency has been revoked, the competent authority shall not accept any further application by its responsible person or representative to establish a private employment service agency within two years.
[Article 72 of the Employment Service Act]
An employer shall revoke part or all of its recruitment permit and employment permit under any of the following circumstances:
1. One of the circumstances stipulated in the first paragraph of Article 54.
2. One of the circumstances specified in Subparagraphs 1, 2, 6 to 9 of Article 57.
3. In case of one of the circumstances stipulated in Subparagraphs 3 and 4 of Article 57, the improvement has been made within a time limit but has not been improved within the time limit.
4. In case of any of the circumstances stipulated in Paragraph 5 of Article 57, which has not been handled after being notified by the competent health authority.
5. Violation of Article 60.