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The Circular on Issuing the Supplementary Provisions on the Measures for the Management of Wages of Workers Assigned Abroad by Enterprises in Economic Cooperation with Foreign Parties (No. 8 [1997] of the Ministry of Finance) issued by the Ministry of Finance and the former Ministry of Foreign Economic Relations and Trade in 1997 provides that£º"for guaranteeing the performance by a worker assigned abroad of the labor service contract, the enterprise concerned may demand performance guaranty money from the worker assigned abroad at the amount of not more than 20% of the total wages under the labor service contract". Since their implementation, such provisions have served well in regulating the performance by workers assigned abroad and strengthening the administration of cooperation with foreign parties in the field of labor force. In order to cater to the needs of the business development, further regulate the order of the cooperation with foreign parties in the field of labor force, and effectively lighten the economic burden of the workers assigned abroad, after consideration, the Ministry of Finance and the Ministry of Commerce decide to nullify the provisions concerning the performance guaranty money demanded by enterprises from workers assigned abroad and, instead, to implement a system of "performance guaranty insurance" to be bought by workers assigned abroad. The relevant issues are hereby notified as follows: 1. Enterprises in economic cooperation with foreign parties mentioned herein (hereinafter referred to "enterprise(s) ") refer to those having been verified by the Ministry of Commerce as qualified for the operation of foreign economic cooperation. 2. From the effective date of the present Circular, no enterprise may demand any performance guaranty money from any worker assigned abroad, nor may any enterprise charge any management fee or any other fee or require any worker assigned abroad to provide any guarantee or pledge in whatever forms. 3. For eliminating the operation risk and regulating the performance by workers assigned abroad of their obligations under the labor service contracts or agreements (hereinafter referred to "contract(s) or agreement(s) "), the enterprises concerned may require the workers assigned abroad to buy "performance guaranty insurance". 4. For the workers assigned abroad who have paid performance guaranty money by the effective date of the present Circular, document No. 8 [1997] of the Ministry of Finance shall still apply. The enterprise concerned shall, upon the expiration of the contract or agreement, refund both the principal and the interest of the performance guaranty money to the worker assigned abroad. In the case of any dispute in connection with the ownership of the performance guaranty money, the parties shall first endeavor to resolve the dispute by consultation or, if no agreement is reached after such consultation, the dispute shall be settled through judicial proceedings or arbitration. 5. The Ministry of Finance and the Ministry of Commerce shall be in charge of the supervision and inspection of the implementation by enterprises of the present Circular and, according to the relevant provisions, impose penalties in light of the gravity of the circumstances of acts in violation hereof. 6. The present Circular shall come into force as of January 1, 2004, and Article 10 of the Circular on Issuing Supplementary Provisions on the Measures for the Management of Wages of Workers Assigned Abroad by Enterprises in Economic Cooperation with Foreign Parties (No. 8[1997] of the Ministry of Finance) issued by the Ministry of Finance and the former Ministry of Foreign Economic Relations and Trade in 1997 shall be repealed simultaneously. |
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