The inter-ministerial committee of the Executive Yuan of the Republic of China in Taiwan is studying the establishment of a mechanism to prevent talent poaching. In addition to human resources banks, Taiwanese companies that invest in China without the approval of the Investment Review Committee are not allowed to post Chinese job vacancies on their own official websites.
The Ministry of Labor has defined a strict definition for labor services and intermediaries from mainland China to go to China for employment, and in addition to manpower banks, Taiwanese companies that invest in China without the approval of the Board of Investment are not allowed to post Chinese jobs on their official websites.
Taiwan’s semiconductor talent in recent years by the Chinese Communist Party poaching, serious brain drain, the Ministry of Labor recently sent a letter to the human resources banks, prohibit assistance in advertising recruitment or intermediaries to the employment of mainland China. However, if a Taiwanese company is permitted by the Investment Commission of the Ministry of Economic Affairs to invest in China and has actual business practices there, it can advertise job vacancies in Taiwan.
According to the regulations, the advertised job can be fined from NT$100,000 to NT$500,000 and the intermediary can be fined from NT$50,000 to NT$5,000,000. The Ministry of Labor invited manpower bankers, local governments and related units to meet today (May 5) to study the model and benchmark of the penalty.
Chen Shih-chang, head of the Employment Services Group of the Labor Development Agency, Ministry of Labor, said that the Ministry of Labor has prepared a preliminary draft of penalties, which will be considered from both sides, including whether it is a first-time offender, a repeat offender, and whether the job content is related to semiconductors or integrated circuits, and if it is involved, it will consider increasing the penalties. The draft must also be confirmed by the inter-ministerial meeting.
Chen Shichang said that today’s meeting is mainly to tell the manpower banks related information, and to promote to avoid breaking the law. In the meeting, manpower banks also expressed their willingness to comply with the relevant regulations, but hope that the definition of the normative model is clear, such as advertising is not necessarily the same as providing intermediary services, I hope the definition can be clarified.
In addition, Chen Shichang also mentioned that the cross-strait people’s relations regulations do not include Hong Kong and Macao, so the vacancies in Hong Kong and Macao are not within the scope of sanctions. As for the definition of advertisement, as long as it can be broadcast to unspecified people, it is considered an advertisement, so even if a company publishes a job on its own official website, it is also considered a kind of advertisement, therefore, it is also prohibited to publish a job in China.
Chen Shichang also mentioned that some human resource banks have also asked why companies licensed by the Investment Commission can advertise their China jobs in Taiwan but not intermediaries, mainly because advertising is for the practice of licensed investment and business activities, so there is room for discretionary licensing, and the relevant ministry also thinks it is possible, but intermediaries are the flow of human resources, so there is no room for exception.
Chen Shichang stressed that the relevant laws originally existed, but the previous law enforcement process, people did not raise doubts about the content of the law, the law enforcement process, so there was no penalty in the past, there is no relevant letter of interpretation.
Chen Shichang said, because the social situation has changed, the Chinese Communist Party poaching situation is serious, so through the inter-ministerial meeting to clarify the consistency of views, the follow-up will also be presented in the benchmarks and norms of discretion, and the law does not have a window period, now if there are cases, to identify the examination and recognition can be handled in accordance with the law.
Recent Comments