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Chapter Law Content

Chapter IV: Human Resources and the Protection of the Rights of Current Employees
Article 25
All personnel hired by the Center shall be processed in accordance with the Center’s human resources regulations. The staff shall not be deemed public officials, and their rights and obligations shall be clearly set out in their employment contracts.
Spouses or relatives of the third degree or closer in blood or in law of the directors and supervisors shall be prohibited from working at the Center’s general affairs, accounting and human resources departments.
The Chairperson shall not hire his or her spouse and relatives of the third degree or closer in blood or in law to work at any position in the Center.
Article 26
All public officials employed or assigned under civil service laws at government authorities (agencies) (hereinafter “Original Authority”) who are transferred to the Center for continued employment upon the government authority restructuring shall retain their status as public officials. The laws relating to public officials for appointment, service, sanctions, performance review, training, salary, insurance, guarantees, association, retirement, severance, pensions, welfare and other interests that previously applied to the transferred individuals shall continue to apply. For those that may no longer apply the original laws relating to public officials, the Executive Yuan and the Examination Yuan shall separately establish different procedures to resolve the issue.
The management of individuals from human resources, accounting and ethics under continuing employment as stated in the preceding Paragraph shall be the same as that for other public officials.
Except for the head of the Center, Employees described in the two preceding Paragraphs may use the previously applicable organizational act when applying for promotions or undergoing qualification reviews.
Employees described under Paragraphs 1 and 2 of this Article may obtain a position at the Center by applying for retirement or severance at any time pursuant to the applicable civil service retirement or severance laws. However, no lump sum relief payment shall be paid to such employees, and the employees shall be subject to the human resources regulations of the Center.
Article 27
The supervisory authority shall assist individuals at the Original Authority who does not wish to transfer to the Center in transferring to another position. The individual may also choose to apply for retirement or severance pursuant to the applicable civil service retirement or severance laws on the day of the authority restructure and receive a lump sum relief aid equivalent to seven months’ salary. However, for those who attained the mandatory age of retirement, an additional payment shall be provided based on the number of months of he or she retired early.
If an individual that chose retirement or severance in the preceding Paragraph obtains another public position or new work for a non-departmental public body within seven months of the effective date of retirement or severance, the new government authority or non-departmental public bodies shall collect back the lump sum relief aid (retirement, severance) minus the number of months he or she was not working and return the amount to the treasury.
The lump sum relief aid in the preceding two Paragraphs shall refer to the monthly pay of the public official based on seniority at the month of retirement or severance under the applicable civil service retirement or severance laws, plus any additional differential pay for expertise or supervisory and managerial duty.
Article 28
If the Original Authority retained employees pursuant to the Contract-based Worker Employment Act or the Executive Yuan and Subordinate Agencies Contracted-Employment Regulations (hereinafter “Original Authority’s Contract Employees”) whose contract terms have not yet expired but do not wish to be transferred to the Center, the individuals may choose to leave on the day of the authority restructure. However, the individual shall be subject to the Regulations for Payment of Severance Deposit to Contract Employees of Government Authorities and Public Schools, and he or she shall receive an additional lump sum payment equivalent to seven months’ salary based on the monthly salary of the individual during the last month of employment prior to resignation. However, for an individual whose contract will soon expire, he or she will receive a payment based on the number of months of he or she early terminated the contract.
If the individuals in the preceding Paragraph incur a loss of years of insurance by withdrawing from the Government Employee and School Staff Insurance (“GESSI”) under the Original Authority, unless the individual otherwise meets the requirements to receive the GESSI pension for retirement purposes, he or she shall receive a compensation for such loss of insurance coverage.
If an individual that resigned in the preceding Paragraph obtained another public position or work for a non-departmental public body within seven months of the effective date of retirement or severance, the new government authority or non-departmental public bodies shall collect back the lump sum relief aid minus the number of months he or she was not working. If the individual plans to again enroll in GESSI and begins receiving pension payments or senior benefits once more, the insurer shall make deductions from the compensation and remit the amount to the competent authority superior to the Original Authority without being subject to the restrictions set forth in Article 18 of the Public Official and Teachers’ Insurance Act on the transfer, offset, attachment or guarantee of the right of the insured to receive insurance payment. Notwithstanding the above, if the new pension payment or senior benefit is less than the original compensation provided, only the amount equivalent to the new pension payments or senior benefits from the compensation shall be returned.
The compensation for loss of GESSI years in the preceding two Paragraphs is subject to the lump pension or senior benefit payment standards under Article 14 of the Public Official and Teachers’ Insurance Act.
For an Original Authority’s Contract Employee who will be transferred to the Center on the day of the authority restructure, he or she shall complete the resignation process on the day of the authority restructure and receive the severance deposit pursuant to Regulations for Payment of Severance Deposit to Contract Employees of Government Authorities and Public Schools; there will be no lump sum payment of seven months’ salary, and he or she shall then be subject to the Center’s human resources regulations. If the individual incur a loss of years of insurance by withdrawing from GESSI, unless the individual otherwise meets the requirements to receive the GESSI pension for retirement purposes, he or she shall receive a compensation for such loss of insurance coverage.
Article 29
For police officers stationed at the Original Authority pursuant to the Regulations Governing the Establishment and Management of Police Stationed at Various Government Institutions, Organizations and Public Schools who do not wish to transfer to the Center, the supervisory authority shall assist with such individuals in transferring to another position. The police officer may also choose to apply for retirement or severance pursuant to the applicable civil service retirement or severance laws on the day of the authority restructure and receive a lump sum payment equivalent to seven months’ salary. However, for those who attained the mandatory age of retirement, the payment shall be provided based on the number of months of he or she retired early.
If an individual that choses retirement or severance in the preceding Paragraph obtains another public position or new work for a non-departmental public body within seven months of the effective date of retirement or severance, the new government authority or non-departmental public bodies shall collect back the lump sum payment minus the number of months he or she was not working and return the amount to the treasury.
The lump sum payment in the preceding two Paragraphs shall refer to the pay at the month of retirement or severance, plus any additional differential pay for expertise or managerial duty.
For police officers stationed at the Original Authority who will be transferred to the Center on the day of the authority restructure, he or she shall complete the resignation or severance process on the day of the authority restructure in accordance with the applicable civil service retirement or severance laws; there will be no lump sum payment of seven months’ salary, and he or she shall then be subject to the Center’s human resources regulations.
Article 30
For laborers (including technicians and drivers) working at the Original Authority who do not wish to transfer to the Center, the supervisory authority shall assist with such individuals in transferring to another position. The laborer may also choose to apply for retirement or severance pursuant to the applicable civil service retirement or severance laws on the day of the authority restructure and receive a lump sum relief aid equivalent to seven months’ salary. However, for those who attained the mandatory age of retirement, the payment shall be provided based on the number of months of he or she retired early.
If an individual that choses retirement or severance in the preceding Paragraph obtains another public position or new work for a non-departmental public body within seven months of the effective date of retirement or severance, the new government authority or non-departmental public bodies shall collect back the lump sum relief aid (retirement, severance) minus the number of months he or she was not working.
The lump sum relief aid in the preceding two Paragraphs shall refer to the pay based on seniority at the month of retirement or severance, plus any additional differential pay for expertise.
For laborers working at the Original Authority who will be transferred to the Center on the day of the authority restructure, he or she shall complete the resignation or severance process on the day of the authority restructure in accordance with the applicable civil service retirement or severance laws; there will be no lump sum payment of seven months’ salary, and he or she shall then be subject to the Center’s human resources regulations.
Article 31
The payments specified under Articles 27 through 30 in relation to the aforementioned lump sum relief aid and compensation for loss of GESSI years may be paid by disbursements from the supervisory authority within the scope of the original budget without being subject to the restrictions under Articles 62 and 63 of the Budget Act.
Article 32
The provisions regarding the payment of lump sum relief aid or monthly payment in this Act shall not apply to those individuals who received additional payment as a result of his or her retirement, severance or resignation pursuant to the relevant laws due to the downsizing, merging, re-subordinating, restructuring or abolition of a government authority (agency).
Article 33
Regarding individuals who were suspended or terminated from duty at the Original Authority (including pending terminations), or on unpaid leaves but desire to be transferred to the Center as a result of the authority restructure, the Original Authority shall provide a list of names to the Center for continued enforcement. Applications for early reinstatement from individuals on unpaid leaves shall be approved.
In the event that the individuals in the preceding Paragraph who resume work from unpaid leave or resume receiving pay but do not wish to be transferred to the Center, Article 27 shall apply mutatis mutandis thereto, under which the supervisory authority shall assist in transferring such individuals to another position, or the individuals may apply for retirement or severance, as well as receive a lump sum relief aid.
Article 34
Articles 26, 27 and 31 through 33 shall apply mutatis mutandis to persons employed by the Original Authority under the Act Governing the Appointment of Educators.