| Summary: | 碩士 === 世新大學 === 行政管理學系 === 106 === Civil servants are important human resources of the government, and their work performance is hinged on whether or not reasonable protection is secured for their public service. Inherent from Germany’s“Das besondere Gewaltverhaltnis” (Special Power Relationship), Taiwan has always asserted the doctrine that public employees are obligated to conform to the government and are restrained from filing administrative remedy lawsuits if their rights are infringed. In addition, the application of the principle of legal reservation, judicial review, and appropriate administrative procedure are excluded. This study employed qualitative research and conducted through literature reviews and in-depth interview. Literature reviews focus mainly on incentive theory and adopts the tenets of “where there is a legal rights, there is also a legal remedy” in administrative law as the theoretical foundation of this study. In addition, the coverage of civil service protection in the U.S. and Japan are used as references to gauge the reasonableness of our country’s scope for civil service protection. In terms of in-depth interview, this study interviews experts and scholars in the field of benefit coverage for civil service employees, supervisors at the Civil Service Protection & Training Commission, supervisors of civil service employees as well as entry-level civil service employees. The study draws on ten interviewees’ viewpoints to shed lights on the expectations of civil servants toward benefit coverage, the gap between their expectations and current status, and current situation and problems of benefit coverage for public employees.
The findings of the study are as follows:
1. There exists a gap between the actual coverage and expectations of civil service protection.
2. There is a need to examine and expand the scope of application and eligibility of the Civil Service Protection Act.
3. Comparing to the benefit coverage for regular public employees in the U.S. and Japan, there is room for improvement for the scope and items of coverage under the Civil Service Protection Act. For example, reexamination is prohibited for the cases of inappropriate supervision of leaders, workplace bullying, transfer of supervisor to non-supervisor in the same promotion rank, whistle-blower protection, one major demerit, as well as training and further education. These issues should be reviewed.
4. The transfer of civil service employees is currently subject to the agreement of the original service department. Apparently, Enforcement Rules of Civil Service Employment Act overrides the enabling statute and added restrictions unseen in the enabling statue.
Therefore, this study suggests:
1. From the perspective of human resource management, employees who provide services at government agencies are important human capital to the government. Hence the Civil Service Protection Act should be expanded to include civil service employees in a broad sense and should even provide protections to applicants to prevent discrimination and unfair treatment.
2. Items such as promotion, transfer of supervisor to non-supervisor in the same promotion rank, and whistle-blower protection should be incorporated into the second article of the Civil Service Protection Act with clear legal clause.
3. Items such as inappropriate supervision of leaders, workplace bullying, transfer of supervisor to non-supervisor in the same promotion rank, whistle-blower protection, one major demerit, as well as training and further education should be included in the scope of reexamination.
4. Related regulations should be reviewed and corrected regarding whether the transfer of civil service employees should be subjected to the agreement of the original service department.
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