No Support JavaScript

Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:39
:::

Chapter Law Content

Chapter IV: Personnel and Protection of Current Employees' Rights and Interests
Article 24
Personnel shall be hired to work at the Institute in line with the rules concerning personnel management of the Institute. They shall not be considered public servants. Their rights and duties are to be stipulated in their contracts.
Persons having a spousal or other relationship within three degrees of kinship to the Directors or Supervisors shall not serve in positions concerning general affairs, accounting, or personnel at the Institute.
The Chairperson and the President shall not appoint their spouses or a person within three degrees of kinship to work at the Institute.
Article 25
Before the implementation of this regulation, the existing personnel employed by the Institute of Nuclear Energy Research (hereinafter to as the "Original Authority") under the relevant civil service employment laws shall be transferred to continue their employment at this Institute on the date of the institution's restructuring, and shall retain their status as civil servants (hereinafter referred to as “Retained Employees”). Matters pertaining to their appointment, service, penalties, evaluation, training and education, remuneration, insurance, protection of rights, right of assembly, retirement, severance, survivor relief and welfare shall be governed by the 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 the Retained Employees that are personnel officers; budget, accounting and statistics officers; ethics officers, shall be the same as that of the civil servants
Except for the head of the Institute, employees described in the two preceding Paragraphs may use the originally applicable organizational act when applying for promotions and qualification screening.
Employees described in Paragraphs 1 and 2 of this Article may take on a position in the Institute 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 equivalent to seven months of salary and shall be subject to the personnel management regulations enforced by the Institute.
Article 26
Where a civil servant of the Original Authority declines to be transferred to the administrative corporation, the supervisory authority shall assist the civil servant in transferring to another position, 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 calculated based on the number of months of his/her early retirement.
Within seven months from the effective date of retirement or dismissal mentioned in the preceding Paragraph, if the personnel is reappointed to one of the positions listed in Paragraph 1, Article 77 of the Public Servants' Retirement, Dismissal, and Severance Pay Act (hereinafter referred to as the "Severance Pay Act"), and their monthly salary exceeds the statutory minimum wage, the reappointing agency shall deduct the severance pay equivalent to the number of months of retirement or dismissal and collect the remaining amount, which shall be returned to the supervisory authority.
The lump sum relief payment in the two preceding Paragraphs shall refer to the civil servants' basic (seniority) pay, technical or professional allowance and supervisory differential pay at the month of effective retirement or severance.
Article 27
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 administrative corporation 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 calculated based on the number of months of his/her early termination of employment.
Within seven months from the effective date of resignation, if the personnel is reappointed to one of the positions listed in Paragraph 1, Article 77 of Severance Pay Act, and their monthly salary exceeds the statutory minimum wage, the reappointing agency shall deduct the severance pay equivalent to the number of months of resignation and collect the remaining amount, which shall be returned to the supervisory authority.
An Original Authority’s Contract-based Worker who is transferred to the administrative corporation on the date of the restructuring of the authority shall apply for resignation on the same day, and according 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 the worker shall be employed according to the personnel regulations enforced by the administrative corporation.
Article 28
Where a current janitor (including technician or driver) of the Original Authority (hereinafter referred to as “Original Authority’s Janitor”) declines to be transferred to the administrative corporation, the supervisory 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 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 calculated based on the number of months of his/her early retirement.
If the personnel referred to in the preceding Paragraph, within seven months from the effective date of retirement or severance, assume any of the positions listed in the first Paragraph of Article 77 of the Severance Pay Act, and if the total monthly remuneration exceeds the statutory minimum wage, the reappointing agency shall deduct the total amount of consolation funds equivalent to the number of months of retirement and severance. The remaining balance shall be confiscated and remitted to the supervisory authority.
The lump sum relief payment in the two preceding Paragraphs shall refer to the janitor’s basic (seniority) pay and professional differential pay at the month of effective retirement or severance.
An Original Authority’s janitor who is transferred to the administrative corporation 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 management regulations enforced by the administrative corporation.
Article 29
The additional expenses required to pay the severance-related allowances for the restructuring of the original institution may be adjusted and covered within the original budget scope by the original institution or its supervisory authority. Such adjustments are not subject to the limitations stated in Article 62 and Article 63 of the Budget Act.
Article 30
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 (entity) or school according to the relevant laws or regulations.
Article 31
Where a person who is suspended or terminated from duty (including pending removal from duty) or takes an unpaid leave is transferred to the Institute due to the restructuring of the Original Authority, the Original Authority shall list the names and hand over the list to the Institute 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, the provisions of Article 26 may be applied mutatis mutandis, and the supervisory agency shall assist in their placement or handle retirement or severance, along with the payment of additional severance allowances.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)