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Chapter Law Content

Title: Non-Departmental Public Bodies Act CH
Category: Directorate-General of Personnel Administration, Executive Yuan(行政院人事行政總處)
Chapter IV Protection of the Rights of Personnel and Current Employees
Article 20
Persons employed by the non-departmental public bodies shall be governed by their personnel regulations. These persons shall not have civil servant status, and their rights and obligations shall be clearly set forth in their contracts.
A spouse or relative by blood or marriage within three degrees of kinship of a director or supervisor may not hold a position in general affairs, accounting or personnel with the non- departmental public bodies.
A chairperson or head of a non-departmental public body may not hire his/her spouse or relative by blood or marriage within three degrees of kinship as an employee of the non-departmental public bodies.
Article 21
Where a non-departmental public body has been restructured from a government authority or agency (hereinafter referred to as the “ Original Authority (Agency) ” ), all permanent and temporarily assigned civil servants working at the Original Authority (Agency) under civil service employment laws shall be transferred to the non-departmental public bodies 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 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 matter.
The management of the Retained Employees that are personnel officers; budgetary, accounting and statistics officers; ethics officers, shall be the same as that of the civil servants.
Except for the head of the non-departmental public bodies, 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 take on a position in the non-departmental public bodies 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 regulations enforced by the non-departmental public bodies.
Article 22
Where a civil servant of the Original Authority (Agency) declines to be transferred to the non-departmental public bodies, the competent 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 (agency) 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.
If this civil servant holds a paid position in a government agency or a non-departmental public body within seven months after the effective date of his/her retirement or severance, that government agency or non-departmental public bodies 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 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 23
Where the employment contract of a current contract-based worker hired by the Original Authority (Agency) 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 non-departmental public bodies and resigns from the position on the date of the restructuring of the authority (agency), 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. Where the worker withdraws from the Public Servants Insurance, he/she will receive a compensation for any loss of years of insurance coverage.
If this worker holds a paid position in a government agency or a non-departmental public body within seven months after the effective date of his/her resignation, that government agency or non-departmental public body 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 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 (Agency) 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 compensation prescribed in the two preceding paragraphs for the loss of years of insurance coverage under Public Servants Insurance shall be subject to the payment standards prescribed in Article 14 of the Civil Servant and Teacher Insurance Act.
An Original Authority ’ s (Agent ’ s) Contract-based Worker who is transferred to the non-departmental public bodies on the date of the restructuring of the authority (agency) 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 the worker shall be employed according to the personnel regulations enforced by the non-departmental public bodies. Where the worker loses his/her years of insurance coverage due to his/her withdrawal from the Public Servants Insurance, the compensation prescribed in the two preceding paragraphs shall be applied to cover his/her loss.
Where a current employee of the Original Authority (Agency) employed under the Executive Yuan and Subordinate Agencies Contracted-Employment Regulations is subject to the Labor Standards Act, the Termination Pay Savings set forth in Paragraph 1 and the preceding paragraph are not applicable, and the worker shall receive retirement payment or severance benefit pursuance to the Labor Standards Act and the Labor Pension Act.
Article 24
Where a current stationed police of the Original Authority (Agency) 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 non-departmental public bodies, the competent authority shall assist the stationed police in transferring to another position, or the stationed police 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 remuneration equivalent to seven months of salary. Notwithstanding, if the stationed police 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.
If the stationed police holds a paid position in a government agency or a non-departmental public body within seven months after the effective date of his/her retirement or severance, that government agency or non-departmental public body shall collect or deduct from his/her salary the previously received lump sum remuneration and transfer it to the treasury.
The lump sum remuneration in the two preceding paragraphs shall refer to the stationed police ’ s basic (seniority) pay at the month of effective retirement or severance, professional differential pay, supervisory and managerial duty differential pay.
An Original Authority ’ s Stationed Police who is transferred to the non-departmental public bodies on the date of the restructuring of the authority (agency) 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 non-departmental public bodies.
Article 25
Where a current janitor (including technician or driver) of the Original Authority (Agency) (hereinafter referred as “ Original Authority ’ s Janitor ” )declines to be transferred to the non-departmental public bodies, the competent 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 calculated based on the number of months of his/her early retirement.
If the janitor holds a paid position in a government agency or a non-departmental public body within seven months after the effective date of his/her retirement or severance, that government agency or non-departmental public body shall collect or deduct from his/her salary the previously received relief payment and transfer it to the treasury.
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.
An Original Authority ’ s Janitor who is transferred to the non-departmental public bodies on the date of the restructuring of the authority (agency) 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 the non-departmental public bodies.
Article 26
The additional relief payments and compensation given for the years of insurance coverage lost due to the restructuring of the Original Authority (Agency) may be covered by the Original Authority (Agency), the original funds or a superior authority through budget adjustment without being subject to the restrictions set forth in Article 62 and 63 of the Budget Act.
Article 27
Neither the lump sum relief payment, monthly remuneration nor the lump sum 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 28
Where a person who is suspended or terminated from duty (including pending removal from duty) or takes unpaid leave is transferred to the non-departmental public bodies due to the restructuring of the Original Authority (Agency), the Original Authority (Agency) shall list the names and hand over the list to the non-departmental public bodies to continue the enforcement. If a person taking unpaid leave applies for early reinstatement, the application shall be approved.
Where a person prescribed in the preceding paragraph who resumes his/her position and/or resumes receiving his/her salary declines to be transferred, Article 22 applies, and the competent authority shall assist this person in transferring to another position, or this person may apply for retirement or severance and receive an additional relief payment.
Article 29
Article 21, 22 and 26 through 28 apply to persons employed by the Original Authority (Agency) under the Act Governing the Appointment of Educators.
Article 30
Any protection of the rights of current employees stipulated in the organizational act or the general act of a non-departmental public body may not be inconsistent with the requirements set forth in Article 21 through 25 and Article 27 through 29.
The preceding paragraph does not apply to contract-based workers and employees of the Ministry of National Defense.