A Study of the Impact of the Draft Regulations for Contract-Based Employees on the Current Civil Service System
Sun-Jyi Ke*
Abstract
This paper attempts to study the impacts of the Draft Regulations for Contract-Based Employees (DRCE) proposed by the Examination Yuan on the current civil service system. The theoretical framework of this study is based on the flexibility employment paradigm which describes how to avoid bureaucratic chaos caused by the dismissal of contract-based employees. This is an empirical study that was supported by ten seminars held in Taiwan and comparative analyses of contract-based employees regulations in the USA, the UK, Germany and Japan. The policy implications are as follows: (1) The related articles of DRCE should be in accordance with the Constitution and Civil Service Examination Act, (2) Legal relationships between the government and contract-based employees regulated by DRCE could be defined as private contracts, (3) The percentage of contract-based employees in administrative or independent agencies should not exceed 5% of the total employees in each agency, (4) The 10% to 20% percentage of contract-based employees of local governments should be based on different criteria as recommended by each local government, (5) DRCE enacted by Legislative Yuan should be implemented by the central government first and then local governments .
Keywords: Draft Regulations for Contract-Based Employees, flexibility employment, merit principles.
* Professor, Department of Public Affairs and Management, Kainan University.