{{ $t('FEZ002') }} Personnel Office|
To inform you about the Ministry of Personnel's interpretation of whether civil servants who apply for leave of absence to participate in pre-service legal training and apply for leave of absence can engage in other work during the leave of absence.
Explanation:
1. In accordance with the case submitted by the Personnel Department of Taoyuan City Government to the Ministry of Personnel on December 20, 112 (2023), and attached is a copy of the original letter.
2. For civil servants who have passed the Senior Civil Service Examination for Specialized Professionals and Technicians (Lawyer) and have obtained approval from the competent authority to apply for leave of absence in accordance with Article 5, Paragraph 1, Subparagraph 8 of the Regulations Governing Leave of Absence for Civil Servants and the Orders of the Examination Yuan and the Executive Yuan dated June 29, 110 (2021) (Exam-Zu-Er-Yi-Zi-No. 11000043021, Yuan-Shou-Ren-Pei-Zi-No. 11000015392), their positions are reserved, and there is no issue of concentrating on duties or holding multiple positions. Therefore, they may engage in other work unrelated to the reasons for leave of absence during their leave of absence, which does not violate Article 15 of the Civil Service Act (hereinafter referred to as the Act). Furthermore, if such personnel engage in related activities and receive remuneration to complete their pre-service legal training, it does not involve the provisions of the said article, and there is no question of whether it requires the consent or record-keeping of the competent authority. However, if the regulations on pre-service legal training have other prohibitive provisions regarding the training period, they shall still be subject to those restrictions. Moreover, as they retain their civil servant status during their leave of absence, they shall not violate Articles 5 to 7 and Article 14 of the Act.
3. In addition, if civil servants choose to continue their insurance coverage by paying their own premiums during their leave of absence for pre-service legal training, and if they are dually insured in other occupational social insurance programs, they may withdraw from the other insurance within 60 days from the date of dual enrollment, with retroactive effect from the date of enrollment in the other occupational social insurance. If no withdrawal application is submitted or if the application is submitted after the deadline, the Civil Servants and Public Servants Insurance will not provide benefits for any insurance accidents that occur during the period of dual enrollment, the years of service during that period will not be recognized, and the insurance premiums paid will not be refunded. This is for your information.
{{ $t('FEZ012') }}
{{ $t('FEZ003') }} 1704-03-19
{{ $t('FEZ014') }} Invalid date|
{{ $t('FEZ004') }} 2023-12-31|
{{ $t('FEZ005') }} 2166|