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Human Resources Office Announcement

For your information, regarding the Ministry of Personnel's letter dated November 30, 109 (Republic of China calendar), No. 10953034301.

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For your information, regarding the Ministry of Personnel's Order No. 10953034301 dated November 30, 2020.

Explanation:
1. In accordance with the Ministry of Personnel's Order No. 10953034302 dated November 30, 2020,
and attached are copies of the original order and its attachments.

2. According to the aforementioned order and interpretation, civil servants who apply for leave of absence without pay under Article 4, Paragraph 2, Subparagraphs 2 and 3, and Article 5, Paragraph 1, Subparagraphs 1 to 4 of the Regulations Governing Civil Servants' Leave of Absence Without Pay
may engage in other work not related to the reasons for their leave of absence without pay during the leave period to maintain their livelihood. However, if such work is performed during their original working hours, the responsible authority should investigate whether it contradicts the original reasons for the leave of absence without pay based on the actual circumstances of each case.
If such work is performed outside of their original working hours, it does not involve a change in the reasons for the leave of absence without pay.
Furthermore, civil servants on leave of absence without pay still retain their civil servant status during the leave period.
They are still prohibited from violating relevant provisions of Articles 4 to 6 and Article 13 of the Civil Service Act.
3. Additionally, for insured persons under the Civil Service Insurance Act who are on leave of absence without pay, they are no longer considered currently employed personnel and are not subject to mandatory insurance.
According to Article 10, Paragraphs 2 and 3 of the Civil Service Insurance Act (hereinafter referred to as the "Civil Service Insurance Act"), they must choose to withdraw from insurance during their leave of absence without pay or continue to be insured by paying their own premiums.
Once a choice is made, it cannot be changed. If they choose to continue insurance and simultaneously participate in social insurance in another occupation,
they must apply for withdrawal from insurance retroactively from the date of participation in the other social insurance within 60 days of duplicate enrollment. They may be refunded the insurance premiums paid.

If they do not apply for withdrawal or apply after the deadline, insurance benefits will not be provided for any insurance accidents that occur during the period of duplicate enrollment.
Except as otherwise provided by the Civil Service Insurance Act, the years of service during that period will not be recognized, and the insurance premiums paid will not be refunded. This is for clarification.
4. The Ministry of Personnel's letter No. 0912131975 dated April 29, 2002, and previous interpretations regarding part-time employment during leave of absence without pay are no longer applicable.
退保或自付保險費繼續加保,一經選定後,不得變更;如
選擇加保又同時參加其他職域社會保險者,應自重複加保
之日起60日內,申請溯自參加其他職域社會保險之日起退
保,並得退還所繳之保險費。未申請退保或逾限申請者,
其重複加保期間發生保險事故,不予給付;該段年資除公
保法另有規定外,亦不予採認;其所繳之保險費,不予退
還,附為敘明。

四、銓敘部 91 年 4 月 29 日部法一字第 0912131975 號書函
及歷次解釋就留職停薪期間兼職之規定未合部分,停止適用。



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