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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 II Substantive Protection
Article 9
The status of civil servants shall be protected and shall not be deprived unless otherwise provided by laws. The preceding protection shall also apply to a claim arising from his/her status.
Article 9-1
A civil servant shall not be suspended from office unless otherwise provided by laws.
During the period of suspension, suspension without pay, or leave without pay, a civil servant still retains his/her civil servant status but may not perform his/her official duty.
Article 10
A civil servant who is lawfully suspended may apply for reinstatement within 3 months from the elimination of suspension reasons. The government agency where he/she serves or its superior agency shall allow his/her reinstatement unless otherwise provided by laws and, within 30 days of receipt of his/her application, shall notify him/her to reinstate.
While the civil servant is reinstated according to the preceding paragraph, the government agency where he/she serves or its superior agency shall allow him/her to resume his/her original position, assign him/her other position equivalent to his/her original position, or another position with equivalent rank, grade and pay. In the event of failure to reinstate, the transfer shall be processed according to the Civil Service Employment Act and the Civil Service Pay Act.
While the civil servant who is lawfully suspended fails to apply for reinstatement within 3 months from the elimination of suspension reasons, the personnel unit of the government agency where he/she serves or its superior agency shall be responsible for investigation and notification. The civil servant’s failure to apply for reinstatement within 30 days from receipt of investigation and notification notice may be deemed to resign unless there are causes not attributed to him/her.
Article 11
While a civil servant is suspended as a punishment and the original administrative action with respect to suspension is revoked, the agency where he/she served or its superior agency shall allow his/her reinstatement and, in which case Paragraph 2 of the preceding Article shall apply mutatis mutandis, unless otherwise provided by laws.
The civil servant in the preceding paragraph shall still be deemed being suspended prior to reporting for reinstatement.
The civil servant being reinstated pursuant to Paragraph 1 shall report for duty within 30 days from receipt of reinstatement order and regain all the rights and benefits afterwards. In the event of the civil servant’s failure to report within required period, he/she may be deemed to resign unless there is an approved extension of report period or there are causes not attributed to him/her.
Article 11-1
While the causes for leave without pay cease to exist or its period ends, Article 10 shall apply mutatis mutandis to matters related to reinstatement, unless otherwise provided by laws.
Article 11-2
While a civil servant is lawfully suspended without pay, Article 10 shall apply mutatis mutandis to matters related to reinstatement, unless otherwise provided by laws.
Article 12
Where an agency has been abolished or restructured or its business has been contracted, for those civil servants with examination passed or qualification confirmed status who remain in office, its superior agency or the agency taking over its business shall deal with their job transfer or assignment and, if necessary, provide them with counseling and training at first, unless otherwise provided by laws.
Where the transfer or assignment takes place pursuant to the precedingparagraph, the rank and grade of the new position shall be equivalent to the original unless he/she voluntarily accepts a lower rank position. In case of being transferred or assigned to a lower grade, but within the same rank, job as a result of the lack of appropriate position, the provisions related to position appointment in the Civil Servant Employment Law and the Civil Service Pay Act shall apply.
Article 12-1
The resignation of a civil servant shall be tendered in writing. The government agency where he/she serves or its superior agency shall not reject his/her resignation unless there is a tendency of national security endangerment or otherwise provided by laws.
The government agency where he/she serves or its superior agency shall make its decision within 30 days after receipt of the written resignation. Where there is no decision after 30 days, it may be deemed approved and becomes valid the day after 30 days. In the event of the civil servant designating a certain date for resignation after the aforesaid 30 days, such a date prevails.
Article 13
The confirmed assessment of position rank and grade for a civil servant shall be protected and shall not be altered unless in accordance with law.
Article 14
The confirmed assessment of pay grade for a civil servant shall be protected, and shall not be lowered or reduced unless in accordance with law.
Article 15
The statutory allowance based upon the position classification and nature and working location of a civil servant shall not be altered unless in accordance with law.
Article 16
The superior or superintendent of a civil servant shall neither assign him/her any unlawful job nor force him/her to perform any illegal duty by assaulting, intimidating or other improper ways.
Article 17
A civil servant is obliged to obey the order given by his/her superior within the scope of their supervision and to notify the superior in case that, if he/she thinks, the order is unlawful. The civil servant is obligated to obey the order in case the superior thinks it does not violate any law and it is given to him/her in signed writing. Thus, the subsequent responsibility shall be born by the superior. However, the civil servant is not obligated to obey the order in case it violates any criminal law.
While the order is not given by the superior in signed writing in the preceding paragraph, the civil servant may require it given in signed writing. The order will be deemed as a withdrawal in case the superior refuses to give it in signed writing upon the request of the civil servant.
Article 18
Government agencies shall provide a civil servant with machines, tools and equipmentsas well as a good working environment necessary for performing duties.
Article 19
The safety for a civil servant to perform duties shall be ensured. Government agencies shall provide with safety and sanitary measures a civil servant to perform duties. Their relevant regulations shall be jointly promulgated by the Examination Yuan and the Executive Yuan.
Article 20
Where a civil servant performs duties, the on-site superior may suspend the execution of the duties under the circumstance that, in his/her judgment, there has been danger occurred or there is a clear tendency of danger.
Article 21
A civil servant whose life, body or health is injured because of the defects of safety and sanitary measures provided by a government agency may claim for compensation according to the State Compensation Law.
The solatium shall be given to a civil servant accidentally injured, disabled, or died due to performing duties. However, no or reduced solatium may be given in the event that the civil servant’s intentionality or gross negligence is a contributing factor.
The regulation with respect to solatium award in the preceding paragraph shall be promulgated jointly by the Examination Yuan and the Executive Yuan.
Article 22
While a civil servant is involved in a lawsuit for performing duties in accordance with laws, the government agency he/she serves shall assist in retaining lawyers to defend him/her and providing legal aid.
If the lawsuit in the preceding paragraph is caused by the intentionality or gross negligence of the civil servant, there shall be no assistance. If the agency where he/she serves has paid for lawyer’s fee, it shall claim for reimbursement against him/her.
The regulation with respect to the assistance to a civil servant involved in a lawsuit in Paragraph 1 shall be promulgated jointly by the Examination Yuan and the Executive Yuan.
Article 23
Where a civil servant is required to perform duties not within regular office hours, the government agency he/she serves shall provide him/her with overtime payment, days off, reward or other equivalent compensation.
Article 24
A civil servant paying necessary out-of-pocket expenses for performing duties may claim for reimbursement against the government agency he/she serves.
Article 24-1
The statute of limitations for the following property right claims derived from public law by a civil servant are:
1.10 years:
(1) solatium for being accidentally injured, disabled, or died due to performing duties;
(2) government legal assistance fee due to performing duties.
2. 2 years:
(1) general health examination fee approved by the government agency he/she serves;
(2) over-time pay approved by the government agency he/she serves;
(3) necessary out-of-pocket expenses due to performing duties.