Jurisprudence & Legal Practice on Civil Servants’ Vacation System: Compared with Labors’ Special Vacation
Hui-Ping Feng*
Abstract
In an agricultural society, the pace of life was slow and there was no clear borderline between work and rest. So there was no need to regulate vacation affairs for government agencies. But things changed as we entered a new era of rapid scientific and technological development marked by an increasingly delicate division of labor. The social environment has become highly competitive and efficient, prompted by rapid changes. For those who work under such circumstances, it’s necessary to release their work pressures through vacation. In other words, they want to be recharged for a while, and then come back to work with renewed energy. It is also believed that their potentials can be well instigated through moderate relaxation. Therefore the vacation system planning has become an important subject for us. While some questions are left for further consideration, such as whether the vacation designed for civil servants could be seen as a right, whether it is reasonable to calculate the days of vacation based on their seniorities, whether it is necessary to provide allowance when they have already got permission for vacation, or whether we should keep the overtime pay for not taking vacation.
This article explores the true meaning, functions and legal features of our vacation system designed for government employees by going through relevant literatures and comparing it with the relevant rules and legal principles of our laborers’ special vacation system. The paper then looks at some examples of vacation systems of other advanced countries and the history of ours own system. In conclusion, the author puts forth a consolidated legal suggestion for our government policy making.
Keywords: vacation with pay, overtime pay for no vacation, vacation allowance, the right to claim, the right to form
* Executive Officer, Directorate-General of Personnel Administration, Execution Yuan (Legal Affairs Committee).