The contracting of personnel employment in The Executive Yuan (Herein after known as this Yuan) and its subordinate Organization (Hereinafter known as this Organization) contracting personnel employment,must be based on the rules covered in these Articles, except for those already covered by other laws.
The employment positions of Contract Personnel need to be the temporary positions which are under the classified position of Civil Servant Grade 5 , and are limited to those positions which there are no suitable personnel for within this Organization. The positions are as follows： 1 Temporary personnel required for temporary Organization with limitation. 2 New Temporary business with no proved additional personnel . 3 The scheduled affairs which are delegated by this organization. 4 Seasonal and periodically simple position. The employment of the above temporary personnel is limited to those already included in the annual budget or approved ahead projects, Contract personnel cannot hold any supervisor position.
When employing contract personnel, every organization must pay attention to their morality and loyalty to the country. They must be under 65 years of age, have passed physical examinations from public hospitals, and have the required knowledge of the job.
Those who suffer any of the circumstances described in each Item of the Classified Position Civil Servant Employment Law in the Article 19, cannot be hired as contract personnel.
The employment period of contract personnel is limited to one year. However for those jobs that can be completed within one year, the employment period should be based on the actual requirement. When the employment period needs to be more than one year , based on the original time scheduled for the plan, the contract of employment can be continued for another year at a time, until the finish of the plan; If the employment period is over five years, the plan should be re-examined periodically for it’s concellation. When contract personnel finish the employment period or reach 65 years of age, the contract personnel must be terminated.
The employment of every Contracted Employee must sign an Employee Contract with details as follows: 1 Employment Period. 2 Job contents and standards. 3 Compensation and payment. 4 Responsibility when contract employee do not meet their obligations, and reasons for termination. 5 Other required items. Contract Personnel Employment Contract Format as per attachment (1). (Remark: Please refer to Page 20346 of the existing Law Book of the Republic of China - Published in May, 1994)
Recruitment and selection of contract personnel need to be undertaken publicly. If necessary, it can be done by recruiting agencies.
Compensation for Contract Personnel is based on the complexity, responsibility, and knowledge requirements of the job, and the regulation of compensation of the position classification standard. It should be written on the contract after currency conversion. The standard of Contract Personnel Compensation as per attachment (2). (Remark: Please refer to Page 20347 of the existing Law Book of the Republic of China - Published in May, 1994)
The following laws and regulations are not applicable to Contract Personnel: Salary, Performance Evaluation, Retirement, Benefits and Civil Servant Insurance. However, deceased during the employment period, condolence payment can be paid according to the following regulations: 1 For death by illness or accident, an amount of four months salary is paid at one time for condolence payment. 2 For death on duty, an amount of ten months salary is paid at one time for condolence payment.
When estimating the annual budget for contract personnel or during the mid-year enlisting of additional contract personnel in each organization, a Contract Personnel Employment Planning Form has to be filled up in duplicate. Its format as per attachment (3).The Central Organization should submitted the form to this Yuan by the Central Organization for approval before recruitment. The local Government should submit the form to the Provincial or City Government for approval before recruitment. Each Organization should fill Contract Personnel Employment Name Book within one month after the personnel report for duty. [its format is the same as the attachment (3)], and submitting the report to the appropriate Ministry, Committee, Department, Bureau, Commission Provincial, City Government for review. (Remark: Please refer to Page 20349 of the existing Law Book of the Republic of China - Published in May, 1994)
Each organization must review the existing temporary employee according to the regulations,and follow the regulations.Those who follow by the regulations can be continued employed, while those who do not follow must be dismissed.
This Regulations takes effect on the date of publication.