Act Governing the Total Number of Personnel Headcounts of Central Government Agencies Article 8

Agencies shall regularly evaluate the performance of their personnel and shall, in accordance with relevant regulations, take action to deal with personnel who lack necessary competency, such as discharging them on the basis of inadequate performance assessment, releasing them with severance benefits, not renewing their contracts, providing them with training, or reassigning them to other positions.In the event that agencies’ duties are expanded, agencies shall first adjust their current personnel headcounts arrangements to meet actual requirements and increases or decreases of duties. Personnel headcounts of agencies shall be downsized or reallocated to other agencies under any of the following circumstances:1.Agencies or internal units have been dissolved or merged.2.The duties and functions of agencies have reduced.3.The duties of agencies can be performed more effectively or conveniently by the private sector or local governments.4.Staged missions of major national development programs, special projects or plans have completed.5.Decisions have been made to downsize or reallocate personnel headcounts based on organizational and workforce evaluations.6.Redundant workforce results due to the implementation of hierarchical responsibilities and delegation, the promotion of computerization, appointment and outsourcing of agencies’ duties, and the utilization of social resources.7.Other circumstances in which downsizing or reallocation of headcounts is required due to government policies and agencies’operational requirements.The first-level agencies shall evaluate the reasonableness of personnel headcounts of their subordinate second-level agencies every two years; the second-level agencies shall evaluate the reasonableness of personnel headcounts of their subordinate third-level agencies every two years. The evaluation of the reasonableness of personnel headcounts shall place special importance on the compatibility of agencies’ operational conditions with their policy strategies. As a result of such workforce evaluations, agencies may be required to downsize their personnel headcounts or reallocate portions of them to other agencies. In the event of such reallocation, personnel cannot refuse being transferred but may, in accordance with relevant regulations, be retired or be released with severance benefits.Workforce evaluations prescribed in the preceding paragraph shall be conducted in an independent, professional manner by task forces comprising high-level officials, scholars, and experts assigned or invited by the relevant first-level or second-level agencies.Transferred personnel shall be given new skills training by the agencies to which they are transferred or by relevant agencies in charge.Downsized personnel shall be provided with job transferred training by relevant agencies in charge if necessary.
中文原文 中央政府機關總員額法第8條
各機關應定期評鑑所屬人力之工作狀況,並依相關法令對於不適任人力採取考核淘汰、資遣、不續約、訓練、工作重新指派等管理措施。
機關新增業務時,應先就所掌理業務實際需要及消長情形,調整現有人力之配置;有下列情形之一者,其員額應予裁減或移撥其他機關:
一、機關或內部單位裁撤或簡併。
二、業務及功能萎縮。
三、現有業務由民間或地方辦理較有效率或便利。
四、完成國家重大建設、專案業務或計畫等階段性任務。
五、實施組織及員額評鑑所為裁減或調整移撥員額之決議。
六、實施分層負責、逐級授權,或推動業務資訊化、委任、委託、外包及運用社會資源節餘之人力。
七、其他因政策或業務需要須為裁減或調整移撥之情事。
一級機關每兩年應評鑑所屬二級機關員額總數之合理性;二級機關每兩年應評鑑所屬三級機關員額總數之合理性。
員額合理性之檢討,應特別著重機關策略和業務狀況配合程度。
評鑑結果可要求員額應予裁減或移撥其他機關,移撥員額時,現職人員不得拒絕,但得依相關規定辦理退休、資遣。
前項員額評鑑,應本獨立專業原則,由一級機關或二級機關指派高級職員及遴聘學者專家,以任務編組方式為之。
移撥人員,應由受撥機關或有關主管機關實施專長轉換訓練。
裁減人員,必要時得由有關主管機關提供轉業訓練。

English translation for reference only; the Chinese text prevails. Not legal advice.