| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 99 === The version of the Civil Servants Evaluation Act draft amendment reviewed by Judiciary and Organic Laws and Statutes Committee of the Legislative Yuan of Republic of China in May 2010 was the research target. The draft stipulated that the percentage of civil servants who get a C grade for the assessment should not be less than 3%. The legal effects of getting a C grade are: Civil servants who get a C grade for the first time cannot be promoted in terms of salary and position and will be assisted for improvements. Civil servants who get 2 C grades will be degraded by one level. However, if the particular civil servants cannot be degraded any lower, the salaries would be cut according to the salary difference between the salary of the current position and the salary of the position that is one level lower and they will be assisted for improvements. With exception to law officers, any civil servant who gets 3 C grades in a row will be fired or asked to take an early retirement. Fixed percentage for C grade is a major unfavorable punishment to civil servants. By the fact that only the percentage is referred to and there is no need for specific evidence, the system for civil servants to have the right to hold public office and the right to work is severely violated. Our research motivation was to find out the appropriateness of the constitutionality of the draft amendment.
From the examples of overseas legislations (Germany, U.S.,
Japan, Singapore), it was found that none of the countries had established regulations for fixed percentage of poorly performed civil servants. The pilot Fixed Proportion of C Grade Assessment carried out by The Examination Yuan & its related agencies showed: In the cases where staff of the Civil Service Protection & Training Commission who got C grade and did not comply to the complaint reply of the original agencies and lodged another complaint, it was found that the Fixed percentage for C Grade was contradicted to the current Evaluation Act. In Chapter 6 of this paper, the danger of this draft amendment in violating civil servants’ rights to hold public offices and right to work, principle of equality, principle of proportionality, principle of explicitness and principle of due process of law were evaluated and analyzed. The humble opinions are provided to relevant agencies for reference. Hopefully the legislation process of Civil Servants Evaluation Act draft amendment will be successful and conform to constitutionality to accomplish the goal of reforming civil servants evaluation.
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