{{ $t('FEZ002') }} Personnel Office|
For your information, regarding the Ministry of Personnel's Order No. 10949780641 dated September 30, 2020.
Explanation:
I. In accordance with the Ministry of Personnel's Letter No. 10949780642 dated September 30, 2020,
and attached are copies of the original letter and its attachments, one for each.
II. Article 13, Paragraph 1 of the Civil Service Act (hereinafter referred to as the "Act") stipulates that civil servants shall not engage in commercial or speculative businesses;
and Article 14, Paragraph 1 stipulates that civil servants, unless otherwise provided by law, shall not concurrently hold other public offices or engage in other occupations;
furthermore, the Ministry of Personnel's Letter No. 1084876512 dated November 25, 2019, states that the term "occupation" in Article 14, Paragraph 1 of the Act includes licensed professions such as physicians, lawyers, and accountants,
as well as other matters that involve repeatedly engaging in the same type of activity;
and according to the interpretation of the Judicial Yuan Interpretation No. 71, civil servants are prohibited from engaging in any matter that interferes with the nature or dignity of their primary duties, regardless of whether it is commonly or habitually considered an occupation.
However, if the activity involves repeatedly engaging in the same type of activity that is of a public welfare nature, or if the activity is not "regular" and "continuous",
it does not fall under the scope of civil servants being prohibited from concurrently holding other public offices or engaging in other occupations as stipulated in Article 14, Paragraph 1 of the Act.
III. Currently, street performers are managed by local governments, and there are no specific regulations governing them. Civil servants performing or creating art in venues approved by local governments during their leisure time and receiving remuneration does not violate Article 13, Paragraph 1 of the Act.
However, if their creations are edible, they must comply with relevant food hygiene regulations.
For artistic creations that are not performed or created on-site, civil servants are still prohibited from engaging in activities such as setting up factories for production and sales, or agreeing with others to engage in commercial promotion and marketing under their own name.
Furthermore, civil servants should assess whether their artistic activities, based on their skills, fall under the scope of "occupation" as defined in Article 14, Paragraph 1 of the Act.
If such activities fall within the scope of licensed professions such as physicians, lawyers, or accountants, they are prohibited unless otherwise provided by law.
Whether acting as a street performer independently or in agreement with others, such activities are permissible only if they are not "regular" or "continuous" in nature and do not interfere with their primary duties or dignity.
IV. The Ministry of Personnel considers its electronic mail interpretation No. 1033851795 dated June 6, 2014, to be outdated and therefore has ceased its application as of September 30, 2020.
表演或創作方式展現自身技藝並獲取報酬,尚無違服務法
第13條第1項規定,惟其作品如可食用,應遵守食品衛生相
關法規規定;非屬現場表演或創作之技藝作品,仍不得涉
及設廠製售、與他人約定以自己名義從事商業宣傳及行銷
等。又該等公務員運用自身技藝為基礎而為之行為,仍應
審視該技藝是否涉及服務法第14條第1項所稱之「業務」,
倘屬醫師、律師、會計師等領證職業範疇,除法令另有規
定外,仍不得為之;無論係自行以街頭藝人身分或與他人
約定以街頭藝人身分從事藝文活動,需未具「經常」、
「持續」之性質,且均須與其本職工作或尊嚴未有妨礙,
始得為之。
四、銓敘部考量該部103年6月6日部法一字第1033851795號電子
郵件解釋已不合時宜,爰於109年9月30日起停止適用。
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