{{ $t('FEZ002') }} Personnel Office|
For your information, regarding the Ministry of Personnel Order No. 11255416671 dated March 1, 112.
Explanation:
1. In accordance with the case submitted by the Taoyuan City Government's Personnel Office to the Ministry of Personnel Order No. 11255416672 dated March 1, 112,
and a copy of the original order is attached.
2. The legislative purpose of Article 15 of the Public Service Act (hereinafter referred to as the "Service Act")
is to ensure that civil servants hold one position at a time, so that they can concentrate on their responsibilities,
and can adhere to their duties, and avoid affecting the execution of public duties and the exercise of their authority. Among these regulations, civil servants
are prohibited from concurrently holding licensed professions, except as otherwise provided by law. This is based on the fact that the affairs of licensed professions
are professional in nature and difficult to separate from the identity of a civil servant. To avoid civil servants from engaging in the affairs of licensed professions
outside of their official duties, which may lead to role confusion,
it is stipulated that such concurrent employment requires a legal basis and must be approved by the competent authority
(or agency).
3. Furthermore, the Ministry of Personnel recently received inquiries from the public regarding whether civil servants on suspension (leave of absence) can engage in the affairs of "licensed professions" as defined in Article 15, Paragraph 2 of the Service Act, within private institutions.
After careful consideration, the Ministry believes that although suspended (on leave of absence) civil servants still retain their civil servant status, they are no longer able to perform their duties.
Therefore, there is no issue of role confusion arising from engaging in licensed professions.
Thus, civil servants on suspension (leave of absence) are permitted to be employed by private institutions, and the scope of such employment includes "licensed professions" as defined in Article 15, Paragraph 2 of the Service Act.
No approval or notification from the competent authority (or agency) is required.
However, if the relevant professional management laws have other prohibitive provisions, those restrictions must be followed.
Additionally, it must not violate the relevant provisions of Articles 5, 6, 7, 14, and 16 of the Service Act.
4. The Ministry of Personnel's letters dated June 26, 84 (84 Taichung Fa Si No. 1123765), July 6, 90 (90 Fa Yi No. 2040146), July 16, 91 (Bu Fa Yi No. 0912161344), and January 31, 96 (Bu Fa Yi No. 0962757375) email, as well as any previous interpretations by the Ministry that are inconsistent with the order mentioned above, shall cease to apply from March 1, 112.
且亦不得違反服務法第5條、第6條、第7條、第14條及第16
條等相關規定。
四、銓敘部84年6月26日84台中法四字第1123765號函、90年7月
6日90法一字第2040146號書函、91年7月16日部法一字第
0912161344號書函、96年1月31日部法一字第0962757375號
電子郵件及該部歷次解釋與旨揭令釋未合部分,自112年3
月1日起停止適用。
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{{ $t('FEZ003') }} Invalid date
{{ $t('FEZ014') }} Invalid date|
{{ $t('FEZ004') }} 2023-03-15|
{{ $t('FEZ005') }} 1091|