行政院及各級行政機關學校公務人員獎懲案件處理辦法

The Executive Yuan’s (Herein after known as this Yuan) and Administrative Agencies and Schools (Herein after known as Agencies and Schools) Case Handling of Civil Service Awards and Punishments, aside from those rules laid down by law, will be handled according to the following measures.

Civil Servants’ rewards and punishments are to be approved and published by each agency and school according to their jurisdiction。 The awards and punishments of those retired or who have resigned (except for those who are deceased), are also combined in published reports of the awards and punishments, and are recorded in the personnel records. However for those personnel employed by this Yuan that have records of　more than one Outstanding　Merit (or Demerit), a copy of the Award or Punishment Order must be submitted to this Yuan for investigation within 15 days of the following month after the order is approved and issued.

The awarding of Medallions，Medals and Commendations　for the Civil Servants belonging to each Agency and School, must be based on the relevant rules laid down by law.

Each Agency and School, based on the Civil Servant performance rating measures Act, making a one-time record of “Two Demerits” resulting in a termination as a punishment to those at a rank of Junior Grade 9 or below and any punishments to those at a rank of senior grade 10 or above, aside from handling the case according to the rules, must also submit a copy of the Punishment Order to the Ombudsman Yuan.Each Agency and School, based on the Regulations outlined in Paragraph 1 of Article 19 regarding Civil Service Punishments Act, that submits an employee at a rank of Senior Grade 10 or above to the Civil Service Punishment Board for approval of punishment, must send a copy of the punishment order to the Ombudsman Yuan for investigation.

A Civil Servant guilty of　misbehavior involving criminal responsibility, must be brought to justice proactively by the Agency or School which employed him/her.For each Agency or School subordinate Civil Servants　that are accused of criminal misbehavior and are under investigation by a judicial agency, must be allowed contact with the judicial agency in order to understand the legal proceedings which must be handled in a timely manner according to the due process of law.

For those Civil Servants that have had their employment terminated according to the rules in Article 3 of the Civil Service Punishment Act, the termination shall take effect immediately. For those that are terminated for other reasons, the termination shall take effect from the day following the date the termination order is issued by the relevant Agency.A Civil Servant holding two posts concurrently, must leave the concurrent post when the original position is terminated.

Personnel under suspension, can be paid half of their Basic Salary or Additional Senior Grade-increases over Basic Pay Rate during the suspension period, but the payment should be stopped when the person has been dismissed, or the suspension lasts longer than six months.

Except for those suspended personnel that come under the Civil Service Employment Act Paragraph 1 of Article 28 , Subparagraphs 3, 4 and 5, whose employment must be terminated, those that are not punished by imprisonment or are not punished by dismissal or removal from the post, can be reinstated to their positions according to the rules instituted in Paragraph 1, Article 6 of the Civil Service Punishments Act.Personnel that are suspended before an official decision for removal has been reached, and whose review procedure has decided against removal or the suspension has been revoked by the Administration, accord to aragraph 1 , Article 11 of the Civil Service Protection Act, must be reinstated.

Personnel that are accused of criminal misbehavior or who have to submit to disciplinary proceedings have to be suspended, and before the criminal case is confirmed or disciplinary action is taken, except for those rules laid down by law, if there is no other reason for prohibiting reinstatement, the relevant agency can decide to have the personnel reinstated. However, those suspended according to the Civil Service Punishments Act, cannot be reinstated.Personnel, having to wait until a criminal case comes to court, and who have been submitted to disciplinary action but have not yet been punished for dismissal or removal from the post before being judged innocent must be reinstated. Any cut in their　basic salary, or additional increases over the basic salary which occurred while they were awaiting judgment must be made up by their relevant agency or school.

For those personnel that have been sentenced to imprisonment or fines and hard labor, their job position has to be retained without pay during the execution period, in accordance with the rules stated in the Civil Service regulations on Retaining a Position without Pay, and　they must be reinstated with pay after their sentence is completed.

A Civil Servant entitled to reinstatement, must be based on Paragraph 3 of Article 10 of the Civil Service Protection Act.

Those personnel whose employment was approved by this Yuan, must also have their suspension，reinstatement and removal approved by this Yuan, while the rest of the personnel must be approved and announced by their respective agency

Suspension，reinstatement and removal cases must all be processed quickly. Should there be any delay, an investigation must be carried out for the reason. Reinstatement must be submitted to the relevant agency for approval, and shall take effect on the day the person reports for duty.

The existing employees that were employed by each Agency according to the former Employment Management Regulations abolished on December 31 1997, can also apply to be governed by the regulations outlined in this ordinance.

Those personnel employed by Government owned Enterprises or Public Schools that were not included as qualified, screened　personnel, can apply to be governed by the regulations outlined in this ordinance.The above stated personnel must apply to this Yuan for approval, and must furnish a report of the situation to this Yuan for investigation after the Civil Service Punishment Board has completed the case.

This Regulations takes effect on the date of Publication.