Civil Service Protection Act Article 23

Civil servants assigned to perform their duties outside the statutory office hours constitute working overtime. The service agency shall provide overtime payment or compensatory leave. Provided however, if the overtime payment or the compensatory leave is not given due to the government budget limitation or the maintenance of necessary government capacity, the government shall award the civil servant with regular performance merit in accordance with the performance appraisal (achievement, verification) regulations.For service agencies with special businesses necessity that has to work and take days off in shifts, its civil servants' compensation for overtime shall take into account overtime reason, intensity, density, and time frame. These factors shall be weight to cope with the general understanding of the reasonable consideration of performing duty and the purpose of protecting civil servants' right to health when appraising overtime. The service agency shall promulgate a compensatory conversion standard for overtime in accordance with the overtime compensatory bracket and minimum standard, and it shall comply with the standard to approve overtime payment or compensatory leave. The service agency shall follow the abovementioned principles when compensating its civil servants' overtime on-call hours.The civil servants shall request all their eligible compensatory leaves within the exercisable period prescribed by the agency, which shall not exceed two years. Relocated personnel who have yet to request all compensatory leaves from the original service agency can still request the vested compensatory leaves from the new service agency within the original exercisable period.Under the circumstance of the agency's demands to perform necessary government capacity results in the impossibility for the civil servants to take all of the accrued overtime compensatory leaves within the exercisable period, the overtime payment shall be approved. When overtime payment is not applicable due to agency budget limitation, the performance merit mentioned in section 1 shall be awarded. The exception is that the overtime payment shall be approved should the civil servants have left the position or are deceased. The service agency shall follow the abovementioned principles when compensating its civil servants' overtime hours that have not been taken within the exercisable period after their relocation.The Executive Yuan shall determine the overtime payment standard, the conversion bracket and minimum standard of the compensatory conversion standard for overtime mentioned in section 2, and the exercisable period as well as related matters of compensatory leave mentioned in section 3. Each competent agency may promulgate its overtime compensatory conversion standard within the scope of the executive Yuan's determination, according to the agency's business characteristics.