MOL Bars Taiwan Job Banks from Posting Job Openings in China 勞動部發函人力銀行 全面下架中國職缺
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The Ministry of Labor has notified Taiwan's job banks about the ban on posting job oppportunities in China. The penalty can be as high as NT$5 million if the recruitment involves semiconductors and integrated circuits.
If you have gone on job search websites in Taiwan recently, you will only find a few job vacancies in China offered by Taiwan or Chinese companies. This is because the Ministry of Labor has written to many job banks, asking them to stop assisting companies in search of Taiwanese talent for job openings in China and to remove related job postings.
The Ministry of Labor had requested job banks to remove company postings on job openings in China for now until further notice. There were over 3700 job openings in China online, but now there are only 1700 some left. (In the future) we hope that we can have a transparent communication with the government. (If and) when the company needs to hire someone from Taiwan, the company can still send their case to the Investment Commission for review and approval.
If you have gone on job search websites in Taiwan recently, you will only find a few job vacancies in China offered by Taiwan or Chinese companies. This is because the Ministry of Labor has written to many job banks, asking them to stop assisting companies in search of Taiwanese talent for job openings in China and to remove related job postings.
The Ministry of Labor had requested job banks to remove company postings on job openings in China for now until further notice. There were over 3700 job openings in China online, but now there are only 1700 some left. (In the future) we hope that we can have a transparent communication with the government. (If and) when the company needs to hire someone from Taiwan, the company can still send their case to the Investment Commission for review and approval.
We have removed job opportunity postings in China for now on our website. (There is controversy in that) the parent company in Taiwan would hire someone from Taiwan and afterwards transfer the person to some other subsidiary companies the parent company invests in. So we try to avoid that from happening, but I think the government should give us clearer standards and instructions.
Job banks have already notified companies to remove all job postings that could give rise to questions and concerns. Because of the recent U.S.-China trade war, China has been reported to poach talent from Taiwan to boost its semiconductor industry's self-sufficiency, to brain drain Taiwan and exacerbate Taiwan's economic troubles. The Executive Yuan recently held a convention on the prevention of talent lost and upon reviewing the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area, the cabinet asked industries to take down certain job postings related to or in China.
Postings of job opportunities in China are basically prohibited, unless the company in Taiwan sends a proposal to the Investment Commission and gets approved of investment in China.
Only Taiwanese companies that have their overseas investment in China approved can properly hire talent from Taiwan to work in China. If the semiconductor and related integrated circuit industries are found to violate the regulation, there will be heavier punishments. However, there are concerns that such regulation would open up a pandora's box of problems since industries may not label clearly job locations in order to hire first, and controversies could occur.
We cannot control if companies were to transfer someone after he or she has been hired, but companies would be crossing the line also if the actual job offered is different from the job they posted. We will be keeping an eye on that.
The Ministry of Labor pointed out as well that the new regulation does not necessarily ban all job opportunities in China, but companies just have certain restrictions on advertising job positions. The ministry plans to meet with various job banks and related agencies to further discuss standards and regulations.
打開求職網站，點選想找的職務地區，可以搜尋到部分企業開出前往中國的職缺，但數量並不多，這是因為勞動部發函給人力銀行，不能協助企業在台招募人員，前往中國就業，還要全面下架相關職缺。
104人力銀行公共事務部協理 張雅惠表示：「主動通知徵才企業他們先去下架，等將來補正作業規定之後，才能夠再開。從3700多個(職缺)成為1700多個，（未來)希望政府部門資料，是公開的，（一旦有)業者需求的時候，能夠(查詢)投審會核准的，那當然就是可以。」
yes123求職網發言人 楊宗斌表示：「工作地點顯示在對岸的，就暫時先下架。（可能爭議)母公司在台灣徵才，那錄取之後，可能(派駐)對岸的，它所轉投資的一些子公司、孫公司，已經避免開所謂工作地點，在大陸的一個方式。我覺得這個部分，可能政府還是要嚴加明確規範。」
業者們先通知企業，把有疑慮的職缺全面下架。由於近年來，因為美中科技戰影響，中國的半導體產業，利用挖角和滲透等手法建立供應鏈，台灣人才更是被鎖定的目標之一，對台灣產業造成威脅，行政院召開「研商防制人才挖角會議」，將依兩岸條例的相關規範，要求業者把就業地點涉及中國的職缺，都先下架。
勞動部勞動力發展署就業服務組專委 黃巧婷表示：「大陸職缺廣告的部分，原則都是禁止的，（除非)台灣企業經過投審會許可，去投資大陸地區的這樣子的一個大陸企業。」
在條件從嚴解釋之後，只有投審會許可的台灣企業、不受管制，至於涉及半導體、積體電路或IC等關鍵產業，要是違規的話，將加重處罰，但外界質疑，禁令可能會讓企業不清楚標示外派地區，等招募完再說，從而引發爭議。
勞動部勞動力發展署就業服務組專委 黃巧婷表示：「雇用後內部調派的，不在我們這個管制範圍，可是如果，你本來在徵才廣告，跟你預定要使用的這個雇用的型態，有差異的話，它也會受到不實廣告的一個管理。」
勞動部強調，相關規範，不代表民眾就不能前往中國工作，只是限制不能刊登招募廣告，預估5月5號會邀集人力銀行和相關單位研商，並進一步研擬裁量基準等事項。
