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Chapter Law Content

Title: Civil Service Protection Act CH
Category: Civil Service Protection and Training Commission(公務人員保障暨培訓委員會)
Chapter I General Provision
Article 1
This Act is enacted to protect the rights and interests of civil servants. The matters with no applicable provisions in this Act shall be governed by other relevant laws.
Article 2
The rights and interests of civil servants, including but not limited to civil servants’ status, position grade and rank, pay, working conditions, management measures and other related protection affairs, shall be governed by this Act.
Article 3
Civil servants as referred to in this Act refer to the paid and full-time personnel legally appointed by lawful government agencies (institutions) and public schools according to civil service appointment laws.
Article 4
The petition for deliberation, appeal, and re-appeal procedures stipulated in this Act shall be applicable to the remedy of rights and interests of civil servants.
The deliberation cases or re-appeal cases filed by civil servants (hereinafter referred to as "Protection Cases") shall be reviewed by the Civil Service Protection and Training Commission (hereinafter referred to as "CSPTC").
The regulations to review the Protection Cases shall be promulgated by the Examination Yuan.
Article 5
The decision made by the CSPTC with respect to the Protection Cases shall not be less favorable to the interests of the civil servants to the extent that the petitioner or re-appellant is expressly unwilling to accept.
Article 6
Government agencies shall not adopt any administrative action, unreasonable management or working conditions measures which are unfavorable to civil servants who file for remedies pursuant to this Act.
In the event of the Protection Cases filed by civil servants and subsequently revoked by the CSPTC decision, within 3 yearsfrom the next date of receipt of the decision the agencies where the civil servants serve shall not reject their new jobtransfers lawfully proposed by other government agencies.
Article 7
Any person reviewing a Protection Case shall withdraw from the cases in any of the following circumstances:
1.Where his/her spouse, former spouse, any of his/her relatives by blood within the fourth degree or relative by marriage within the third degree, head of a family or members of the family, or any person having previously such relationship with him/her, is a civil servant filing the Protection Case;
2.Where he/she participated in handling or appealing procedures of any administrative action, management measures or working conditions;
3.Where he/she is or was an agent or assistant of the party filing the Protection Case;
4.He/she was a witness or expert witness in the Protection Case;
5.Where he/she has legal interest in the Protection Case.
The withdrawal in the preceding paragraph shall apply mutatis mutandis to the person assisting the handling of the Protection Case.
Anyone in the preceding two paragraphs having knowledge of obligation to, but fail to, withdraw himself/herself in reviewing the protection Cases shall be referred for discipline pursuant to relevant laws and regulations.
The withdrawal restriction in Subparagraph 2 of Paragraph 1 shall not be applicable to any relevant government agency’sdeputy holding the CSPTC commissionership concurrently. However, he/she shall not have voting rights in the decision of the Protection Case involving his/her government agency.
The petitioner or re-appellant may submit to the CSPTC a pleading stating the reasons to request for withdrawal.
Article 8
During the period of reviewing the Protection Cases, the personnel may be appointed to investigate relevant documents and interview relevant persons through the resolution of the CSPTC. The investigated government agencies and the interviewed personnel shall provide with necessary assistance. The appointed personnel shall submit the report about the investigation result to the CSPTC.