The Enforcement Rules of the Employment Service Act as amended on January 13, 2004

Article 1
The Enforcement Rules are stipulated in accordance with Article 82 of the Employment Service Act (hereinafter “The Act”).

Article 2
In order to investigate employment discrimination in accordance with Subparagraph 1 of Paragraph 4 of Article 6 of The Act, the Competent Authorities of Municipal City, and those of Counties/Cities may invite the relevant government agencies, the representatives of the labors organizations and those of the employers organizations, and scholars and experts, to form the Employment Discrimination Review Committee.

Article 3
The Committee for Promoting Employment Services, as established in accordance with Article 7 of The Act, shall review matters regarding employment services and employment promotions in accordance with respective employment market situation. The guideline for the establishment of the Committee is at the discretion of the respective Competent Authority.

Article 4
The expenses incurred in recruiting workers on behalf of the employers as prescribed in Article 13 of The Act include the following:

1) Advertisement expenses;
2) Pay for Composing Examinations;
3) Pay for Examination Paper Marking or Reviewing;
4) Pay for Use of Examination Site;
5) Administrative expenses;
6) Printing, Stationery and Paper expenses; and
7) Mailing costs.

Article 5
Should any error, insufficiency, or violation of laws or regulations be detected in any application form submitted in accordance with Article 14 of The Act by any person seeking to employ or to be employed, the Public Employment Service Institutions shall notify the applicant to make necessary supplements or rectifications thereupon. Should the applicant in question fail to comply with such requirement as referred to in Paragraph 1 of this Article, the Public Employment Service Institutions may refuse to process his/her application.

Article 6
The term “Low-income Family/Families” as referred to in Article 15, Subparagraph 5 of Paragraph 1 of Article 24, and Article 29 of The Act, is defined as those qualified low-income family/families as decided by the competent social or political authorities in accordance with the Social Assistance Act.

Article 7.
The Public Employment Service Institutions shall periodically collect the information regarding wage variations, supply and demand of human resources, and analysis of the future development within its responsible districts, and shall submit, once every three (3) months, such information to the Competent Authorities of the Central Government, the Municipal City, or the Counties/Cities. The Competent Authorities of the Municipal City and those of the Counties/Cities shall submit such information referred to in Paragraph 1 of this Article, as accumulated and analyzed, to the Competent Authorities of the Central Government for reference while taking adjustment measures to cope with the supply and demand of human resources.

Article 8.
The Public Employment Service Institutions, when providing employment consultation in accordance with Article 17 of The Act, shall evaluate the physical and psychological conditions, the educational qualifications, working experiences of the person being advised, and provide employment suggestions accordingly; in addition, the said Institutions shall assist the disabled for occupational rehabilitation, or, provide employment suggestions and assistance according to their occupation competency and willingness.

Article 9.
The term “the disabled” as referred to in Subparagraph 3 of Paragraph 1 of Article 24, Article 25, Articles 27 and 28 of The Act is defined as those holding the handicap manuals issued in accordance with the Disabled Protection Act.

Article 10
The term “Foreign Agency/Agencies stationed in the Republic of China” as referred to in Article 49 of The Act denotes those Foreign Agencies stationed in the Republic of China, the establishment of which is authorized by the Ministry of Foreign Affairs in accordance with Article 2 of the Act on the Privileges and Immunities of the Foreign Agencies and their Personnel Stationed in the Republic of China.

Article 11
The term “those permitted to live with their lineal relatives with registered domestic residence in the Republic of China” as referred to in Subparagraph 3 of Paragraph 1 of Article 51 of The Act is defined as those to whom the Competent Authorities in charge of the entry and exit of border issued residence permits on account of family reunion with lineal relatives.

Article 12
The term “certificates” as referred to in Article 62, Paragraph 1 of The Act is defined as the service certificates, labor inspection certificates, or any other identification documents, official documents or letters made and issued by the Competent Authorities, Police Offices, or Coastal Patrol and Defense Agencies in order to conduct inspections. After having evaluated the surrounding circumstances, the Competent Authorities, Police Offices, or Coastal Patrol and Defense Agencies may assign officers, accompanied by the local heads of the district subdivisions in a county/city and/or of the basic community unit thereof, with the certificates referred to in Paragraph 1 of this Article, to conduct inspections in places where foreigners work or the places suspected of illegal work therein.

Article 13
The term “the offence of same regulation” as referred to in Subparagraph 2 of Article 69 of The Act is defined as a conduct once again carried out by a private employment service agency in violation of the same Subparagraph of the same Paragraph of the same Article as a prior conduct did.

Article 14
The term “within one year” as referred to in Subparagraph 3 of Article 69 and Subparagraph 2 of Paragraph 1 of Article 70 of The Act is defined as the one (1)-year period preceding the day the last violation case is adjudicated.

Article 15
The Enforcement Rules take effect upon promulgation.