Chapter IV Protection of the Rights of Personnel and Current Employees
Article 22
All permanent and temporarily assigned civil servants working at the former National Chang Kai-Shek Cultural Center (hereinafter referred to as the “Original Authority”) under civil service employment laws shall be transferred to the Center on the date of restructuring, and shall retain their status as civil servants (hereinafter referred to as “Retained Employees”). Matters pertaining to their appointment, service, penalties, evaluation, training, education, remuneration, insurance, protection of rights, right of assembly, retirement, severance, survivor relief and welfare shall be governed by related civil service laws that were originally applicable. Notwithstanding, where any matter is not governed by the aforementioned laws, the Executive Yuan and the Examination Yuan shall prescribe separate regulations for such matters.
The management of Retained Employees that are personnel officers; budgetary, accounting and statistics officers; ethics officers, shall be the same as that of civil servants.
Except for the head of the Center, employees described in the two preceding paragraphs may use the originally applicable organizational act when applying for promotions or undergoing qualification reviews.
Employees described in Paragraph 1 and 2 of this Article may have a position in the Center at any time by applying for retirement or severance under the appropriate civil service retirement or severance laws. Such persons shall not receive an additional lump sum relief payment, and shall be subject to the personnel regulations enforced by the Center.
Article 23
Where a civil servant of the Original Authority declines to be transferred to the Center or demonstrates unsuitability to serve after the evaluation of the Center, the original superior authority shall assist the civil servant in transferring to another position within one year, or the civil servant may apply for retirement or severance on the date of the restructuring of the authority under the originally applicable laws and receive an additional lump sum relief payment equivalent to seven months of salary. Notwithstanding, if this civil servant has reached the mandatory retirement age, he or she will receive an additional payment based on the calculation of the number of months of his/her early retirement.
If this civil servant described in preceding paragraph holds a paid position in a government agency within seven months after the effective date of his/her retirement or severance, that government agency shall collect or deduct from his/her salary the full amount of the previously received relief payment and transfer it to the treasury.
The lump sum relief payment described in the two preceding paragraphs shall refer to the civil servants basic (seniority) pay at the month of effective retirement or severance, professional differential pay, supervisory and managerial duty differential pay.
Article 24
Where the employment contract of a current contract-based worker hired by the Original Authority according to the Contract-based Worker Employment Act or the Executive Yuan and Subordinate Agencies Contracted-Employment Regulations (hereinafter referred to as the “Original Authority’ s Contract-based Worker”) has not expired, and this worker declines to be transferred to the Center and resigns from the position on the date of the restructuring of the authority, he/she will be subject to the Regulations of Granting Severance Savings Fund for Contract Employees of Government Agencies and Public Schools, and will receive an additional lump sum remuneration equivalent to seven months of salary according to his/her salary of the last month before his/her resignation. Notwithstanding, if the contract of the worker is soon to expire, he/she will receive a remuneration based on calculation of the number of months of his/her early termination of employment. Where the worker withdraws from the Public Servants Insurance or Labor Insurance, he/she will receive a compensation for any loss of years of insurance coverage.
If this worker described in preceding paragraph holds a paid position in a government agency within seven months after the effective date of his/her resignation, that government agency shall collect or deduct from his/her salary the full amount of the previously received remuneration and transfer it to the treasury. If this worker re-joins the Public Servants Insurance or Labor Insurance and upon the collection of the pension payment or Old-Aged Benefits, the insurer shall deduct his/her compensation received previously for the loss of years of insurance coverage and return the amount to the superior authority of the Original Authority without being subject to the restrictions set forth in Article 18 of the Civil Servant and Teacher Insurance Act or Article 29 of the Labor Insurance Act, whereby the insured’ s or beneficiary’ s right to receive insurance pay may not be subject to transfer, offset, attachment or guarantee. Notwithstanding, where the amount of the pension payment or Old-Aged Benefits applied is lower than the original compensation, only the amount of compensation which is equivalent to the amount of the pension payment or Old-Aged Benefits must be returned.
The compensation prescribed in the two preceding paragraphs for the loss of years of insurance coverage under Public Servants Insurance or Labor Insurance shall be subject to the payment standards prescribed in Article 14 of the Civil Servant and Teacher Insurance Act or Article 59 of the Labor Insurance Act.
An Original Authority’ s Contract-based Worker who is transferred to the Center on the date of the restructuring of the authority due to the operational needs of the Center shall apply for a resignation on the same day, and receive Termination Pay Savings pursuant to the Regulations of Granting Severance Savings Fund for Contract Employees of Government Agencies and Public Schools without an additional remuneration equivalent to seven months of salary and compensation given for the years of insurance coverage lost. Where the worker loses his/her years of insurance coverage due to his/her withdrawal from the Public Servants Insurance, the compensation prescribed in second and preceding paragraphs shall be applied to cover his/her loss. The worker shall be employed according to the personnel regulations enforced by the Center.
Article 25
Where a current stationed police worker of the Original Authority is employed pursuant to the Regulations Governing Establishment and Management of Police Stationed at Various Institutions, Schools and Organizations (hereinafter referred to as “Original Authority’s Stationed Police” )declines to be transferred to the Center or demonstrates unsuitability to serve after the evaluation of the Center, the original superior authority shall assist the stationed police worker in transferring to another position, or the stationed police worker may apply for retirement or severance under the originally applicable laws on the date of the restructuring of the authority and receive a lump sum remuneration equivalent to seven months of salary. Notwithstanding, if the stationed police worker has reached the mandatory retirement age, he or she will receive an additional payment based on calculation of the number of months of his/her early retirement. Where the worker withdraws from the Public Servants Insurance, he/she will receive a compensation for any loss of years of insurance coverage.
If the stationed police worker described in the preceding paragraph holds a paid position in a government agency within seven months after the effective date of his/her retirement or severance, that government agency shall collect or deduct from his/her salary the previously received lump sum remuneration and transfer it to the treasury. If this worker re-joins the Public Servants Insurance and upon the collection of the Old-Aged Benefits, the insurer shall deduct his/her compensation received previously for the loss of years of insurance coverage and return the amount to the superior authority of the Original Authority without being subject to the restrictions set forth in Article 18 of the Civil Servant and Teacher Insurance Act, whereby the insured’s or beneficiary’s right to receive insurance pay may not be subject to transfer, offset, attachment or guarantee. Notwithstanding, where the amount of Old-Aged Benefits applied is lower than the original compensation, only the amount of compensation which is equivalent to the amount of Old-Aged Benefits needs to be returned.
The lump sum remuneration in the two preceding paragraphs shall refer to the stationed police worker’s basic (seniority) pay at the month of effective retirement or severance, professional differential pay, supervisory and managerial duty differential pay. The compensation given for the years of insurance coverage lost shall be subject to the payment standards prescribed in Article 14 of the Civil Servant and Teacher Insurance Act.
An Original Authority’s Stationed Police Worker who is transferred to the Center due to the operational needs of the Center on the date of the restructuring of the authority shall apply for retirement or severance on the same day under the originally applicable laws without an additional lump sum remuneration equivalent to seven months of salary, and shall be employed according to the personnel regulations enforced by the Center.
Article 26
Where a current janitor (including technician or driver) of the Original Authority (hereinafter referred as “Original Authority’s Janitor”) who is employed by business management declines to be transferred to the Center or demonstrates unsuitability to serve after the evaluation of the Center, the original superior authority shall assist the janitor in transferring to another position, or the janitor may apply for retirement or severance under the originally applicable laws on the date of the restructuring of the authority (agency) and receive a lump sum relief payment equivalent to seven months of salary. Notwithstanding, if the janitor has reached the mandatory retirement age, he/she will receive an additional lump sum relief payment based on calculation of the number of months of his/her early retirement. Where the worker withdraws from the Labor Insurance, he/she will receive a compensation for any loss of years of insurance coverage.
If the janitor described in preceding paragraph holds a paid position in a government agency within seven months after the effective date of his/her retirement or severance, that government agency shall collect or deduct from his/her salary the previously received relief payment and transfer it to the treasury. If this worker re-joins the Labor Insurance and upon the collection of the Old-Aged Benefits, the insurer shall deduct his/her compensation received previously for the loss of years of insurance coverage and return the amount to the superior authority of the Original Authority without being subject to the restrictions set forth in Article 29 of the Labor Insurance Act, whereby the insured’s or beneficiary’s right to receive insurance pay may not be subject to transfer, offset, attachment or guarantee. Notwithstanding, where the amount of Old-Aged Benefits applied is lower than the original compensation, only the amount of compensation which is equivalent to the amount of Old-Aged Benefits needs to be returned.
The lump sum relief payment in the two preceding paragraphs shall refer to the janitor’s basic (seniority) pay at the month of effective retirement or severance, and professional differential pay. The compensation given for the years of insurance coverage lost shall be subject to the payment standards prescribed in Article 59 of the Labor Insurance Act.
An Original Authority’s Janitor who is transferred to the Center due to the operational needs of the Center on the date of the restructuring of the authority shall apply for retirement or severance on the same day under the originally applicable laws without an additional lump sum relief payment equivalent to seven months of salary and be employed according to the personnel regulations enforced by Center.
Article 27
The accumulated deficit due to the restructuring of the Original Authority may be covered by the original superior authority through making yearly adjustments from the scope of the annual budget and without being subject to the restrictions set forth in Articles 62 and 63 of the Budget Act.
The additional relief payments and compensation given for the years of insurance coverage lost due to the restructuring of the Original Authority may be covered by the Original Authority and the original superior authority through yearly adjustments from the scope of the annual budget without being subject to the restrictions set forth in Articles 62 and 63 of the Budget Act.
Article 28
Neither the lump sum relief payment nor the monthly remuneration mentioned in this Act shall apply to a person who has received additional payment due to his/her retirement, severance or resignation in coordination with the downsizing, merging, subordinating, restructuring or abolition of an authority (agency) or school pursuant to the relevant laws or regulations.
Article 29
Where a person who is suspended or terminated from duty (including pending removal from duty) or takes an unpaid leave is transferred to the Center due to the restructuring of the Original Authority, the Original Authority shall list the names and hand over the list to the Center to continue the enforcement. If a person taking unpaid leave applies for early reinstatement, the application shall be approved. A person, who resumes his/her position and/or resumes receiving his/her salary declines to be transferred, may apply for retirement or severance pursuant to this Act.
Article 30
Articles 22, 23 and 27 through 29 apply to persons employed by the Original Authority under the Act Governing the Appointment of Educators.