法規內容

下載法規原始檔

 

國立成功大學工友工作規則
National Cheng Kung University Working Regulations for Maintenance Workers

89.03.22 第140次行政會議通過

Approved on March 22, 2000 at the 140th Administrative Meeting

90.04.25 第142次行政會議修正通過

Amended and approved on April 25, 2001 at the 142nd Administrative Meeting

 98.10.28 第160次行政會議修正通過

Amended and approved on October 28, 2009 at the 160th Administrative Meeting

 99.05.19 第161次行政會議修正通過

Amended and approved on May 19, 2010 at the 161st Administrative Meeting

100.05.11第163次行政會議修正通過

Amended and approved on May 11, 2011 at the 163rd Administrative Meeting

103.09.24第173次行政會議修正通過

Amended and approved on September 24, 2014 at the 173rd Administrative Meeting

104.03.11第175次行政會議修正通過

Amended and approved on March 11, 2015 at the 175th Administrative Meeting

106.03.08第184次行政會議修正通過

Amended and approved on March 8, 2017 at the 184th Administrative Meeting

106.03.23南市勞條字第1060301109號函核備

Approved and filed for future reference on March 23, 2017 under Nan Shi Lao Tiao Zi No. 1060301109

106.09.20第186次行政會議修正通過

Amended and approved on September 20, 2017 at the 186th Administrative Meeting

107年5月9日第190次行政會議修正通過

Amended and approved on May 9, 2018 at the 190th Administrative Meeting

107年5月25日南市勞條字第1070585212號函核備

Approved and filed for future reference on May 25, 2018 under Nan Shi Lao Tiao Zi No. 1070585212

107年6月27日第191次行政會議修正通過

Amended and approved on June 27, 2018 at the 191st Administrative Meeting

108年6月19日第197次行政會議修正通過

Amended and approved on June 19, 2019 at the 197th Administrative Meeting

108年7月25日南市勞條字第1080871975號函核備

Approved and filed for future reference on July 25, 2019 under Nan Shi Lao Tiao Zi No. 1080871975

108年10月16日第198次行政會議修正通過

Amended and approved on October 19, 2019 at the 198th Administrative Meeting

第 一 章   總 則

Chapter 1 General Principles

第 一 條 

國立成功大學(以下簡稱本校)為明確規範勞雇雙方之權利與義務,提高行政效率,爰依據勞動基準法第七十條之規定,訂定本規則。

Article 1

To specify the rights and obligations of the employer and employees and improve administrative efficiency, National Cheng Kung University (hereafter referred to as the University) establishes these regulations according to Article 70 of the Labor Standards Act.

第 二 條

本校與工友間一切權利義務,悉依本規則規定辦理。本規則未規定者,適用勞動基準法、行政院頒布工友管理要點及其他相關法令之規定。

Article 2

All rights and obligations between the University and maintenance workers shall be determined according to these regulations. For matters outside the scope of the regulations, the Labor Standards Act, the Guidelines for the Management of Maintenance Workers promulgated by the Executive Yuan, and other relevant acts shall apply.

第 三 條 

本規則所稱工友,係指本校年度預算員額內之技術工友〈含駕駛〉及普通工友。其工作依本校業務需要及勞動契約約定指派之。

Article 3

As used in these regulations, the term “maintenance workers” refers to technical workers (including chauffeurs) and general maintenance workers in the annual budgeted workforce. Their specific tasks are appointed according to the needs of the University and the labor contracts.

第 二 章   僱 用

Chapter 2 Employment

第 四 條 

本校僱用之普通工友應注意其品德,並應具備條件如下:

一、國民小學以上學校畢業或具有同等學歷。

二、年滿十八歲,且未受監護或輔助宣告,不致無法勝任所指派之工作。但未滿二十歲者,於訂立勞動契約時,應經法定代理人之允許。

三、經醫療院所體格檢查,體力足以勝任所指派之工作。

四、無曾服公務有貪污行為,經有罪判決確定或通緝有案尚未結案之情形。

五、無學校辦理契約進用人員通報查詢作業注意事項所列性侵害、性騷擾或性霸凌行為之不得僱用情事。

技術工友除應具備前項各款條件外,並須具備工作所需之技術專長,經考驗合格。

工友應符合前二項僱用條件及第四條之ㄧ所定條件,並填具具結書,如有違反,且構成勞動基準法所定終止勞動契約之要件者,得依法終止勞動契約。

Article 4

The University shall employ general maintenance workers of good moral character and fulfil the following criteria:

1. The employee shall have completed elementary school or have an equivalent level of education.

2. The employee shall be 18 years old or older, not under guardianship or requiring assistance, and capable of executing the assigned tasks. However, the legal guardian of an employee under the age of 20 years must consent to such employee signing an employment contract.

3. The employee shall receive a checkup at a medical facility and be physically competent to execute the assigned tasks.

4. The employee must not have been convicted of graft or corruption-related offenses while in a civil service position or be a party to an open lawsuit .

5. The employee must not have any record of having attempted or committed sexual assault, sexual harassment, or sexual bullying, which are disqualification criteria according to the Directions of Inquiries and Notifications for Schools Employing Contracted Workers.

In addition to the criteria mentioned in the previous paragraph, technical workers must be equipped with specific skills necessary for their jobs and possess relevant certifications.

Maintenance workers employed must fulfil the criteria specified in the previous two paragraphs and that in Article 4-1. The employee must sign and submit an affidavit. In the event that a violation necessitates the termination of a labor contract according to the Labor Standards Act, the University may lawfully terminate the employment.

第四條之一 

本校僱用工友,應符合就業服務法及臺灣地區與大陸地區人民關係條例等相關規定。

校長於公務人員任用法第二十六條之一第一項各款所定期間內,不得僱用工友。但屬他機關向本校商請移撥之同意,不在此限。

本校僱用工友,不得違反公職人員利益衝突迴避法之規定。

校長不得僱用其配偶及三親等以內血親、姻親為本校工友。本校副校長及各級主管之配偶及三親等以內血親、姻親,在其主管單位中應迴避僱用。但在校長及各該主管接任以前僱用者,不在此限。

Article 4-1

The employment of a maintenance worker by the University must comply with relevant regulations, including the Employment Service Act and the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area.

Within the time period specified in the subparagraphs of Paragraph 1, Article 26-1 of the Civil Service Employment Act, the president may not employ a maintenance worker. However, exercising the right to approve the application for a transfer from other authorities is excluded.

The employment of maintenance workers by the University must comply with the regulations of the Act on Recusal of Public Servants Due to Conflicts of Interest.

The president may not employ the spouse or a collateral blood relative or a relative by marriage within the third degree as a maintenance worker at the University. Vice presidents and all supervisors of the University must not employ their spouses or a collateral blood relative or a relative by marriage within the third degree in units under their supervision. The restriction shall not apply to employees under contract before the president or supervisor took office.

第 五 條 

新僱之工友,應依勞雇雙方約定先予試用三個月,試用期滿經考評成績合格者,發給僱用通知書。

Article 5

Newly employed maintenance workers must work under probation for three months according to the agreement with the employer. An employee who passes the evaluation by the end of the probation will receive an employment notice.

第 六 條 

新僱之工友,在試用期間不能勝任工作或品行不端或試用成績不合格者,本校得停止試用,並依第五十二條、第五十三條、第五十四條、第五十五條等規定辦理。試用期間工資發給,以開始試用至停止試用之日為止。

Article 6

The University may terminate the probation of a newly employed maintenance worker who is found to be incompetent for the job, exhibits deficient moral character, or fails the evaluation at the end of the probation. The termination of probation shall be done in accordance with Articles 52, 53, 54, and 55 of these regulations. The salary of the probation shall be counted for the period starting from the beginning of employment until the end of the probation.

第 七 條 

新僱之工友,應簽訂勞動契約,並繳驗國民身分證、戶口名簿及學歷證件,及填繳下列表件:

一、服務/離職證明書一份。

二、履歷表一份。

三、公立醫院或全民健康保險特約醫院出具之體格檢查表一份。

四、最近二寸半身相片二張。

五、郵局存簿、健保轉出證明、勞退金新舊制選擇、新進人員個人資料蒐集同意書及差假明細等影本各一份。

Article 7

A newly employed maintenance worker must sign a labor contract and present the national ID card, household certificate, and documentation of a qualifying education, as well as the following documents:

1. An employment certificate / employment separation certificate

2. An employment history

3. A health examination report from a public hospital or a National Health Insurance contracted hospital

4. Two recent 2-inch passport-style photographs

5. A photocopy of other documents such as the post office passbook, National Health Insurance withdrawal certificate, consent form for applying to the new or old pension system, the personal data collection agreement for new employees, and attendance details.

第 三 章  服 務 守 則

Chapter 3 Service Regulations

第 八 條 

工友應依規定時間服勤,勤奮盡責,不得遲到、早退,無故離開工作崗位。服務單位認有延長服勤之必要時,應依加班有關法令規定辦理。請假應先向服務單位提出,經核准後送總務處事務組核備。

Article 8

Maintenance workers must be on duty according to the assigned schedule and work diligently during their shifts. A maintenance worker shall not arrive late, leave early, or abandon their post without valid reasons. If the unit with which the maintenance worker is affiliated deems it necessary to prolong a working shift, regulations related to working overtime shall apply. To take leave, a maintenance worker must first submit the request to the affiliated unit; once approved, the request shall be sent to the General Service Division of the Office of General Affairs to be approved and filed for future reference.

第 九 條 

工友於上班時間應在指定處所工作或待命,不得聚眾嬉戲、酗酒、賭博、高聲喧嘩。

Article 9

During office hours, a maintenance worker must work or be on call at the designated location. Maintenance workers must not gather to play, drink, gamble, or make noise during office hours.

第 十 條 

工友於上班時間或服勤時間不得兼職。但在不影響本職工作且經核准者,得兼任不支領酬勞之職務。

工友於下班時間兼職者,不得影響勞動契約之履行。

工友應服從管理人員合法理之調度及長官指示,不得逃避推諉,並應專心本職工作,除交辦任務外,不得從事外務或藉故在外遊蕩。

Article 10

A maintenance worker must not undertake other part-time jobs during working hours or on-duty hours. However, on the condition that the part-time job does not affect the original job and approval has been obtained from the supervisor, a maintenance worker may have a part-time unpaid position.

A maintenance worker who accepts a part-time job after work must ensure that the part-time job does not affect their ability to fulfil the terms of the labor contract with the University.

A maintenance worker must follow reasonable and legal instructions and arrangements given by the supervisor. A maintenance worker must perform their duties and focus on the job. In addition to the appointed task, a maintenance worker must not take on other jobs or wander around without a valid reason.

第  十一  條 

執行職務時,儀容衣履要整潔、禮貌要週到、態度要和藹。遇有教職員工生或來賓接洽詢問時,應親切接待,妥為說明,並立即通報。

Article 11

A maintenance worker must be properly dressed, polite, thoughtful, and friendly when carrying out a task. A maintenance worker must be friendly and specific when replying to an inquiry from a teacher, a staff member, a student, or a visitor to the University and must report to a corresponding supervisor immediately.

第  十二  條   

接聽電話、詢答應對,均應謙和有禮。

Article 12

A maintenance worker must be modest and polite when answering a phone call or responding to an inquiry.

第  十三  條   

傳遞公文,對於文件內容,不得翻閱,並不得延誤時效;對於公務用品,應妥為保管愛護,節約使用。

Article 13

A maintenance worker must not browse the content of an official document or deliberately procrastinate in the delivery of one. The maintenance worker must take care of public property and not waste it.

第  十四  條   

同事間要和睦相處,互助合作;不得爭吵、打架或謾罵、威脅。

工友應尊重他人與自己之性或身體之自主,避免不受歡迎之追求行為,並不得以強制或暴力手段處理與性或性別有關之衝突。

Article 14

Maintenance workers must be kind to one another and collaborate at work. Maintenance workers shall not argue, fight, insult, or threaten coworkers.

A maintenance worker must respect the sexual and bodily autonomy of others and immediately stop any unwanted pursuits; maintenance workers must not handle conflicts involving sex or gender issues in an enforced or violent manner.

第  十五  條   

不得洩漏本校業務機密,及對外發表批評本校之言論。

Article 15

The maintenance workers must not disclose confidential information of the University or publicly criticize the University.

第  十六  條   

不得攜帶法定違禁物品進入本校。

Article 16

Maintenance workers must not bring any prohibited items to the University.

第  十七  條   

不得從事任何破壞團體紀律,及影響本校聲譽之行為。

Article 17

Maintenance workers must not engage in any conduct that undermines the discipline of the group or the reputation of the University.

第十七條之一

工友得加入政黨或其他政治團體,但不得介入黨政派系紛爭。

工友辦理事務時應維持中立,依據法令忠實執行職務,且不得從事下列行為:

一、利用其身分或事務上之機會或方法,使他人加入或不加入政黨或其他政治團體,或要求他人參加或不參加政黨或其他政治團體有關之選舉活動。

二、於上班或服勤時間,從事政黨或其他政治團體之活動。

三、利用其身分或事務上之機會或方法,為政黨、其他政治團體或擬參選人要求、期約或收受金錢、物品或其他利益之捐助,或阻止或妨礙他人為特定政黨、其他政治團體或擬參選人依法募款之活動。

四、為支持或反對特定之政黨、其他政治團體或公職候選人,動用行政資源編印製、散發、張貼文書、圖畫、其他宣傳品或辦理相關活動,或在辦公場所懸掛、張貼、穿戴或標示特定政黨、其他政治團體或公職候選人之旗幟、徽章或服飾。

五、對於公職人員之選舉、罷免或公民投票,利用其身分或事務上之機會或方法,要求他人不行使投票權或為一定之行使。

工友違反前二項規定者,應按情節輕重,依本規則、勞動契約、平時考核及獎懲等相關規定處理之;其涉及其他法律責任者,依有關法律處理之。

工友登記為公職候選人者,自候選人名單公告之日起至投票日止,得依規定請事假或休假,長官不得拒絕。

Article 17-1

Maintenance workers may join political parties or other political groups but must not be involved in political disputes.

The maintenance workers must remain neutral when handling official business and perform their duties faithfully according to the laws and regulations, refraining from the following conduct:

1. Using the identity or task-related opportunities and methods to pressure others to join or not join a political party or other political group or solicit others to participate or not participate in election campaigns related to a political party or other political group.

2. Engaging in activities of a political party or other political groups during office hours or when on duty.

3. Using the identity or business opportunities and methods to request, agree to offer, or receive money, objects, or other benefits for a specific political party, political group, or an intended candidate or prevent or hinder others from raising funds for specific political parties, other political groups, or intended candidates.

4. Using administrative resources to print, distribute, or post articles, pictures, or other propaganda materials for specific political parties or political groups or for organizing relevant activities; hanging, posting, wearing, or marking banners, badges, or clothes of specific political parties, political groups, or candidates for public office.

5. Using the identity or business opportunities and methods in an attempt to influence how others vote in an election, removal proceeding, or referendum.

In the event that a maintenance worker undertakes an activity in contravention of the regulations specified in the previous two paragraphs, the punishment shall be determined according to the severity of the violation and other relevant regulations such as these regulations, the labor contract, general evaluations, and reward and punishment regulations. If other legal responsibilities are involved, relevant laws shall apply.

A maintenance worker who is registered as a candidate for public office may take personal leave or paid leave from the date of the announcement of the candidate list until election day, and the supervisor may not deny the request.

第  十八  條 

擔任駕駛工作者,應遵守道路交通規則及相關規定。並應對保管之車輛善盡維護保養之責任。

Article 18

A maintenance worker who is also a chauffeur must follow road traffic regulations and other related regulations. The chauffeur shall be responsible for the maintenance of the vehicle.

第  十九  條   

工友每日上、下班應親至指定處所簽到、簽退或刷卡。但因工作性質特殊,經校長核准者不在此限,但仍需逐日記載出勤情形。

Article 19

A maintenance worker must personally sign in and out every day before and after work at the designated office. This regulation does not apply to those who have obtained the approval of the president, due to extraordinary nature of their jobs, to not sign in and out; however, these maintenance workers must document their attendance every day.

第 四 章   工 作 時 間

Chapter 4 Office Hours

第  二十  條   

工友每日正常工作時間不得超過八小時,於符合勞動基準法情況下,每週工作總時數得比照本校職員之規定。

Article 20

Regular daily working hours for maintenance workers must not exceed 8 hours; the regulations regarding weekly total working hours for other staff members of the University may apply given that the Labor Standards Act is complied.

第二十一條 

本校工友上班時間比照職員之規定,其因工作需要有提前上班或延後下班之情事者,得依延長工時有關規定辦理。如屬常態性或業務需要者得依法採彈性上、下班。

Article 21

The office hours of maintenance workers are the same as those of other staff members of the University; in the event that a maintenance worker must come in early or leave late for the purpose of performing a task, relevant regulations regarding overtime compensation shall apply. If such alternative working hours are regular or necessary due to the nature of the job, regulations regarding flexible working hours may apply.

第二十二條 

工友上班時間因事、因病或因公外出,均應依規定請假或辦妥公出手續。非因公外出,請假未滿一小時即返者,以請假一小時計。每四小時作半日計,每八小時作一日計。

Article 22

Relevant procedures must be followed by maintenance workers who need to be away from their post due to personal reasons, illness, or business purposes. Other than business purposes, any leave for up to 1 hour will be counted as 1 hour; leave of 4 hours is counted as half a day, and leave of 8 hours is counted as 1 day.

第二十三條 

工友繼續工作四小時,至少應有三十分鐘之休息。但實施輪班制或工作有連續性或緊急性者,本校得在工作時間內,另行調配休息時間。

Article 23

Maintenance workers who work continuously for 4 hours must take at least a 30-minute break. However, for those who are on a shift or performing a continuous or urgent task, the University may rearrange the break time within the working hours.

第二十四條 

工友工作採晝夜輪班制者,工作班次,每週更換一次,但經工友同意者不在此限。更換班次時,本校應給予工友至少應有連續十一小時之休息時間。

Article 24

For maintenance workers who work day and night shifts, their shifts must change once a week, unless an agreement was made with the maintenance worker. Between every change of schedule, a maintenance worker must be given at least 11 consecutive hours of break time.

第二十五條 

女性工友在妊娠期間,如有較為輕易之工作,得申請改調,工資不予減少。

本校依勞動基準法第三十條之一規定,經勞資會議同意後,且提供必要之安全衛生設施者,女性工友得於午後十時至翌晨六時之時間內工作。但於妊娠或哺乳期間之女性工友除外。

Article 25

Female maintenance workers may request a transfer to do less physically demanding jobs without receiving any pay cut.

According to Aricle 30-1 of the Labor Standards Act, female workers may take on shifts from 10 p.m. to 6 a.m. according to the agreement of the labor–management meeting and be provided with neccessary safety and sanitation facilities. However, this shall not apply to female maintenance workers during pregnancy or the breastfeeding period.

第二十六條 

子女未滿二歲須工友親自哺(集)乳者,除規定之休息時間外,每日另給哺(集)乳時間六十分鐘;每日正常工作時間以外之延長工作時間達一小時以上者,另給予哺(集)乳時間三十分鐘。哺(集)乳時間,視為工作時間。

Article 26

Female maintenance workers with children under 2 years old and who must engage in breastfeeding or collecting are entitled to 60 minutes of breastfeeding or collecting time in addition to the usual regulated break time. When performing overtime work for more than 1 hour, an additional 30 minutes of breastfeeding or collecting time shall be given. The time for breastfeeding or collecting is regarded as working time.

第二十七條 

本校因業務需要,經工友及勞資會議同意後,得延長其工作時間如下:

 一、工友一日不得超過四小時,一個月延長工作總時數不得超過四十六小時。但經專案簽准者,得酌予延長之,延長工作時間一個月不得超過五十四小時,每三個月不得超過一百三十八小時。依前開但書規定延長勞工工作時間者,應報請當地主管機關備查。

二、 校長座車駕駛,其延長工作時間另依勞動基準法第八十四條之一規定辦理。

Article 27

When necessary, the University may extend the working hours of maintenance workers upon the agreement of the maintenance workers and the labor–management meeting:

1. Extended working hours must not exceed 4 hours a day and 46 hours a week. However, upon special request, overtime may be extended to more than 46 but to less than 54 hours a month and less than 138 hours every 3 months. These exceptional extensions of working hours must be reported to local authorities for future reference.

2. The extension of working hours for the chauffeur of the president’s vehicle shall be handled according to Article 84-1 of the Labor Standards Act.

第二十八條 

因天災、事變或突發事件,必須於正常工作時間以外工作者,得將本規則第二十條所定之工作時間延長之,並於延長開始後二十四小時內報請主管機關備查。延長之工作時間,應於事後補給適當之休息。

Article 28

Maintenance workers who must work outside of normal working hours due to natural disasters, incidents, or emergencies may extend the working hours stated in Article 20 of the regulations; the extension must be reported to the authority for future reference within 24 hours of the start of the extension. The extended working hours must be compensated by an adequate amount of rest time afterwards.

第 五 章   請 假 與 休 假

Chapter 5 Leave and Annual Paid Leave

第二十九條  

工友每七日中應有二日之休息,其中一日為例假,一日為休息日。

依勞動基準法第三十條之一規定變更正常工作時間者,工友每二週內至少應有二日之例假,每四週內之例假及休息日至少應有八日。

工友於休息日工作之時間,計入本規則第二十七條所定延長工作時間總數。但因天災、事變或突發事件,有使工友於休息日工作之必要者,其工作時數不受本規則第二十七條之限制,並應於工作開始後二十四小時內報當地主管機關備查,且應於事後補給工友以適當之休息。

Article 29

Maintenance workers shall have 2 regular days off every 7 days; 1 day is a regular leave and the other is a rest day.

Maintenance workers who changed normal working hours in compliance with Article 30-1 of the Labor Standards Act shall have at least 2 days of regular leave every 2 weeks and at least 8 days of regular leave and rest days every 4 weeks.

The hours that maintenance workers work on their rest days shall be included in the total extension time stated in Article 27 of the regulations. However, for maintenance workers who must work on their rest days due to natural disasters, incidents, and emergencies, their working hours may not be restricted by Article 27 of the regulations; in such a case, the extension must be reported to the proper authority for future reference within 24 hours of the start of the extension. The extended working hours must be compensated by an adequate amount of rest time afterwards.

第  三十  條  

內政部所定應放假之紀念日、節日、勞動節及其他中央主管機關指定應放假日,均應休假。如因配合本校辦公時間及業務需要得調移之,但應符合勞動基準法及其他相關之規定。

Article 30

Leave shall be granted for national holidays, holidays, and Labor Day, all of which are designated as holidays by the Ministry of the Interior, and holidays designated by other Central Competent Authority. Said leave may be moved according to the office hours of the University or other needs as long as the Labor Standards Act and other relevant regulations are applied.

第三十一條 

工友休假日數之計算,連續服務六個月以上未滿一年者,給休假三日;服務滿一年者,第二年起,每年應給休假七日;服務滿二年者,第三年起,給休假十日;服務滿三年者,第四年起,給休假十四日;服務滿五年者,第六年起,給休假十五日。服務滿六年者,第七年起,給休假二十一日;服務滿九年者,第十年起,給休假二十八日;服務滿十四年者,第十五年起,給休假三十日。

依前項規定給予之特別休假日數,工友得依勞動基準法施行細則第二十四條第二項規定,於期間內行使特別休假權利。

第一項之特別休假期日,得由工友事先排定。但因業務急迫需求或工友個人因素,得協商調整。

工友申請特別休假,以時為單位。

特別休假期間工資照給。因年度終結或契約終止,未休完之特別休假日數應發給特別休假未休工資。但年度終結未休之日數,經勞雇雙方協商遞延至次一年度實施者,於次一年度終結或契約終止仍未休之日數,按原特別休假年度終結時應發給工資之基準計發。

第一項之特別休假期日,得由工友事先排定。但因業務急迫需求或工友個人因素,得協商調整。

工友申請特別休假,以半日(即四小時)為單位。

Article 31

Maintenance workers who have worked for the University continually for 6 months or more but less than 1 year shall be entitled to 3 days of annual paid leave, those who have worked continually for 1 year shall be entitled to 7 days of annual paid leave starting from the second year, those who have worked continually for 2 years shall be entitled to 10 days of annual paid leave starting from the third year, those who have worked continually for 3 years shall be entitled to 14 days of annual paid leave starting from the fourth year, those who have worked continually for 5 years shall be entitled to 15 days of annual paid leave starting from the sixth year, those who have worked continually for 6 years shall be entitled to 21 days of annual paid leaves starting from the seventh year, those who have worked continually for 9 years shall be entitled to 28 days of annual paid leaves starting from the tenth year, and those who have worked continually for 14 years shall be entitled to 30 days of annual leaves starting the fifteenth year.

Days of annual paid leaves given according to the second paragraph of Article 24 of the Enforcement Rules of the Labor Standards Act may be used by the maintenance worker during the valid time period.

Taking of the annual paid leave specified in the preceding paragraph is to be arranged by a maintenance worker in advance. The University, however, in light of urgent needs regarding operations or staffing, may consult with workers and make adjustments to requested/scheduled leave.

Maintenance workers may take annual paid leave by the hour.

Wages shall be paid during annual paid leave. Wages must be paid for any annual paid leave not used by workers by the end of the year or the termination of a contract. However, unused annual paid leave by the end of the year can be  extended until the following year according to the agreement reached between employers and workers; wages must be paid for those hours not used by workers at the end of the following year or upon the termination of a contract.

第三十二條 

工友有下列情形之一,並具有證明文件者,准予併計年資休假:

一、非因勞動基準法第十二條第一項各款規定終止勞動契約者,經機關相互同意移撥或辭僱後再受僱者。

二、曾任軍職人員退伍或替代役退役者。

三、曾受僱為各機關(構)編制內職員、工級人員或依各機關學校團體駐衛警察設置管理辦法進用者。

四、於中華民國六十四年十一月三日前,已擔任臨時工友,並於編餘工友處理原則所定七十年六月三十日期限前,改僱為編制內工友者。

五、曾任依聘用人員聘用條例,或行政院暨所屬機關約僱人員僱用辦法進用,或行政院及所屬機關以外機關比照上開辦法規定約僱之人員者。

六、曾任應徵召服兵役員工(包含職員及工友)職務輪代人員者。

前項各款人員於改僱為工友時年資未銜接者,得按受僱當月至年終之在職月數比例,於次年一月起併計年資核給休假。

Article 32

In the even that one of the following conditions is met and a maintenance worker possesses relevant documentation as proof, seniority may be combined to qualify for annual paid leave:

1. The former labor contract was not terminated under the conditions specified in Paragraph 1, Article 12 of the Labor Standards Act or the employee was transferred or terminated and rehired based on the agreement of former and current employers.

2. A maintenance worker who is a military veteran or was discharged from the substitute service.

3. A maintenance worker who has been a permanent employee of an authority or an institution or has been employed according to the Administrative Measures for the Stationing of Campus Police in Authorities, Schools, and Organizations.

4. A maintenance worker who served as a temporary worker before November 3, 1975 and was employed as a permanent maintenance worker before June 30, 1981 according to the Handling Principles of Surplus Maintenance Workers.

5. A maintenance worker who was once employed according to the Act of Employing Contract-Based Personnel or the Executive Yuan and Subordinate Agencies Contracted-Employment Regulations or employed by other employers outside of the Executive Yuan or its subordinate agencies in compliance with said regulations.

6. A maintenance worker who has substituted for another employee (staff or maintenance worker) who had to leave for military service.

If the time stated in the preceding paragraphs was not consecutive to the employment of a maintenance worker, the seniority detailed in the preceding paragraph may be combined with the time from the month of their employment until the end of the year in a request for corresponding annual paid leave the next January.

第三十三條 

基於業務上需要,休假日經徵得工友同意不休假而於正常工作時間以內照常上班工作時,原工資照給外,再加發一日工資或依工友意願選擇補假休息。

Article 33

According to operational needs, the University may ask a maintenance worker to work during normal office hours during holidays with the consent of the maintenance worker; in such a case, the University shall pay the maintenance worker at double the regular rate for such work or provide compensational leave according to the choice of the maintenance worker.

第三十四條 

因天災、事變或突發事件,各該當工友有繼續工作之必要時,得停止本規則第二十九條至第三十一條所訂工友之例假、休假及特別休假,但應於事後二十四小時內,詳述理由,報請當地主管機關核備。停止之假期,除依規定加倍發給工資外,並應於事後補假休息。

Article 34

The University may require workers to suspend all leaves of absence referred to in Articles 29 to 31 if natural disasters, incidents, or emergencies require continuance of work; however, the workers shall receive wages at double the regular rate for work during the suspended leave and also be granted leave to make up for the suspended leave of absence. In addition, the University must report such events, with the circumstances stated in detail, to local authorities within 24 hours of the event.

第三十五條 

工友除得依其他法規申請留職停薪外,其具有下列各款情形之一者,亦得申請留職停薪,並由本校考量業務狀況依權責辦理:

一、本人或配偶之直系血親尊親屬年滿六十五歲以上或重大傷病須侍奉。

二、配偶或子女重大傷病須照護。

三、配偶於各機關、公立學校、公營事業機構或軍事單位服務,因公務需要派赴國外工作,其期間在一年以上須隨同前往。

前項各款留職停薪期間,均以二年為限,必要時得延長一年。

第一項第一款及第二款所定重大傷病,應由本校依申請留職停薪工友提出之中央衛生主管機關評鑑合格醫院開具之證明文件,參酌全民健康保險法所定重大傷病範圍覈實認定。

工友因案涉訟被羈押,或經有罪判決確定而執行拘役或易服勞役或社會勞動,致不能到工服勤者,除有勞動基準法所定終止勞動契約之情事外,經以當年度事假及休假抵充後仍不足者,應予留職停薪,期間至羈押、拘役、勞役或社會勞動執行完畢為止。但工友已符合退休條件者,得依其意願辦理退休。

留職停薪之工友,應於留職停薪期間屆滿之次日復職。但留職停薪無確定期間或期間屆滿前,留職停薪原因已消滅者,工友應自原因消滅之日起二十日內向本校申請復職,本校應於受理之日起三十日內通知其復職。

工友未依前項規定復職或申請復職者,本校應於知悉後通知工友於十日內復職。工友經通知後,逾期仍未復職者,本校得依勞動基準法相關規定,終止勞動契約。

Article 35

In addition to other regulations governing leave without pay, maintenance workers may apply for leave without pay if one of the following conditions occurs; the University shall handle an application according to the current operations situation:

1. An elderly lineal relative by blood of a maintenance worker or their spouse is 65 years old or older and requires assistance due to major illness or injury.

2.A maintenance worker must take care of a spouse or child with a major illness or injury.

3. A maintenance worker must accompany a spouse who must go abroad for official duties for 1 year or more while serving in an authority, a public school, a state-owned enterprise, or the military.

A period of leave without pay stated in the preceding paragraphs is limited to 2 years and may be extended for an additional year when deemed necessary.

Whether an illness or injury is “major” for purposes of subparagraphs 1 and 2 of Paragraph 1 shall be determined on the basis of the documents issued by a hospital certified by the central health authorities submitted by the applicant and the definition of major illness and injury in the National Health Insurance Act.

In the event that a maintenance worker is detained due to a legal proceeding or is sentenced for criminal detention, labor service, or community service and is therefore unable to go to work, the maintenance worker may be granted leave without pay until the end of detention, criminal detention, labor service, or community service if all annual personal and paid leave are not enough to cover the period of absence, unless a provision that triggers contract termination according to the Labor Standards Act is fulfilled. However, if a maintenance worker qualifies for retirement, they may apply for retirement.

A maintenance worker who is on leave without pay must return to work the day after the leave period ends. However, if the period is undetermined or the reason for the leave is terminated before the end of the period, the maintenance worker must apply for reinstatement to the University within 20 days after the reason is eliminated. The University must notify the employee of its decision regarding reinstatement within 30 days after the acceptance of the application.

In the event that a maintenance worker fails to be reinstated or apply for reinstatement, the University, after being aware of such an incident, must notify the maintenance worker to reinstate within 10 days. If the maintenance worker fails to be reinstated after the notification, the University may terminate the labor contract according to relevant regulations of the Labor Standards Act.

第三十六條   

工友請假,除行政院另有規定外,於符合勞動基準法、性別工作平等法規定下,比照公務人員請假規則及其相關規定辦理。但工友之祖父母或其配偶之繼父母喪亡者,給予喪假六日。請喪假得以時計。

Article 36

Except for additional regulations made by the Executive Yuan, a maintenance worker may request a leave of absence according to the relevant Regulations of Leave of Absence for Public Officers in compliance with the Labor Standards Act and the Act of Gender Equality in Employment. However, a maintenance worker may be granted 6 days of funeral leave for the death of a grandparent or step-parent of their spouse; the funeral leave may be taken by hour.

第三十七條 

工友因職業災害而致失能、傷害或疾病者,其治療、休養期間,給予公傷病假,期間例假日不予扣除。

Article 37

In the event of disability, injury, or sickness on account of an occupational accident, maintenance workers shall be entitled to occupational sickness leave during the period of medical treatment or recuperation. Regular leave days and holidays shall not be deducted.

第三十八條 

工友依法令規定應給公假者,工資照給,其假期視實際需要定之。

Article 38

Maintenance workers shall be entitled to public leave with pay according to legal regulations, the time limit of which shall be determined by actual requirements

第三十九條 

工友請假時,應於事前填寫請假單,敘明理由及日期,經服務單位主管核准後,方可離開工作崗位;但遇有疾病或緊急事故,得委託他人代辦請假手續。辦理請假手續時,並得要求工友提出有關證明文件。

Article 39

Maintenance workers must fill out a leave request form with dates and reasons, which must be approved by the supervisor of the affiliated unit, before taking leave. In case of emergency, a maintenance worker may entrust someone to make the leave request for them. Relevant documentation may be requested.

第 四十 條    

工友具有下列情形之一者,應以曠職論,並按日扣除餉給總額:

一、無正當理由未辦妥請假手續擅離職守。

二、假期已滿仍未銷假。

三、請假有虛偽情事。

Article 40

If any of the following situations occurs, the day will be counted as an absence without leave and the corresponding wage shall be deducted:

1. A maintenance worker is absent without a valid reason or approved leave request.

2. A maintenance worker fails to come back to work after the holidays are over.

3. The University discovers that the reason given for taking leave was false.

第 六 章   工 資

Chapter 6 Wages

第四十一條 

工友工資應按規定支給之,除法令另有規定外,均自報到之日起支,離職之日停支。但死亡當月之待遇按全月支給。

Article 41

Wages must be paid according to the regulations. Except as otherwise regulated by other acts, wages shall be counted from the day on which a worker reports for duty until the day of contract termination. However, in the event that a maintenance worker dies during the contract period, the wages for the full month in which the death occurs shall be paid.

第四十二條  

工友之工餉,分本餉、年功餉,依各機關學校工友工餉核支標準表規定核支。其係後備軍人轉業者,並依後備軍人轉任各機關學校工友提支餉級標準表規定,於原任軍階提支級數範圍內,按年核計加級至本餉最高級;如尚有積餘年資,且其年終考績考列乙等以上,則按年核計加級至年功餉最高級。

Article 42

The wage of a maintenance worker is divided into basic pay and seniority pay and is approved and paid according to the Wage Standards of Maintenance Workers in Government Offices and Schools. If a maintenance worker was a military reservist, the Wage Standard for Military Reservists Turned Maintenance Workers in Government Offices and Schools shall apply. Within the range of the original military rank, the seniority may be added by year until the maximum level of the basic pay is reached; if there is a surplus of seniority and the annual evaluation result is B or higher, the seniority may be added until the maximum level of the seniority pay is reached, according to the Standards.

第四十二條之一  

工友延長病假期間,應給與餉給總額之全數。所稱餉給總額,包括工餉、職務加給、技術或專業加給及地域加給。期間例假日不予扣除。

Article 42-1

The total wage must be paid during an extended sick leave. The wage total includes the wage, job allowance, technical or professional allowance, and location allowance. Regular leave days and holidays are not deducted for the period.

第四十三條 

工友工資於符合勞動基準法情況下,得配合本校職員發給之時間辦理。

Article 43

In compliance with the Labor Standards Act, the wages of maintenance workers may be paid according to the payment schedule of other employees of the University.

第四十四條 

工友延長工作時間之工資依下列標準加給之:

一、延長工作時間在二小時以內者,按平日每小時工資額加給三分之一以上。

二、再延長工作時間在二小時以內者,按平日每小時工資額加給三分之二以上。                         

三、因天災、事變或突發事件,依本規則第二十八條規定延長工作時間者,按平日每小時工資額加倍發給。   

工友於第二十九條所定休息日工作,工作時間在二小時以內者,其工資按平日每小時工資額另再加給一又三分之一以上;工作二小時後再繼續工作者,按平日每小時工資額另再加給一又三分之二以上。

Article 44

The overtime pay standards for maintenance workers are as follows:

1. When overtime work does not exceed 2 hours, the maintenance worker shall be paid, in addition to the regular hourly wage, at least an additional one-third of the regular hourly rate.

2. When overtime work exceeds 2 hours but less than 4 hours, the maintenance worker shall be paid, in addition to the regular hourly wage, at least an additional two-thirds of the regular hourly rate.                         

3. When overtime work is required due to natural disasters, incidents, or emergencies, as stated in Article 28, the maintenance worker shall be paid two times the regular hourly rate.

When a maintenance worker works on rest days, which are specified in Article 29, the University shall pay the maintenance worker overtime wages. When the overtime work does not exceed 2 hours, the worker shall be paid, in addition to the regular hourly wage, at least an additional one and one-third of the regular hourly rate. When the overtime work is over 2 hours, the worker shall be paid, in addition to the regular hourly wage, at least an additional one and two-thirds of the regular hourly rate.

第 七 章   考 核 與 獎 懲

Chapter 7 Evaluation, Rewards, and Punishments

第四十五條   

工友之考核分下列三種:

       一、平時考核:工友平時有功過事實時隨時辦理。

       二、年度考核:工友在本校服務至年滿一年者,予以年終考核。

       三、另予考核:工友在本校服務未滿一年,但已達六個月者,另予考核。

工友具下列情形之一者,准予併計年資辦理年終考核或另予考核:

       一、經機關相互同意轉僱,年資銜接,具有證明文件者。

       二、因機關裁併隨同移轉繼續僱用之年資。

       三、在同年度內,由普通工友改僱為技術工友者。

Article 45

Evaluations of maintenance workers consist of the following three types:

1. Routine evaluation: Performance evaluations of maintenance workers with particularly outstanding or poor performance conducted as needed.

2. Annual evaluation: A year-end evaluation of maintenance workers who have been employed at the University from January to December.

3. Additional evaluation: Performance evaluations of maintenance workers who have been employed for 6 consecutive months but less than 1 full year during the year of evaluation.

Under one of the following conditions, a maintenance worker may combine seniority for an annual evaluation or an additional evaluation:

1. A maintenance worker who is transferred and maintains previous seniority under the agreement of both agencies and possesses documentation.

2. A maintenance worker who is transferred due to dissolution and merging of the agency maintains seniority.

3. Status conversion between employment as a general maintenance worker and a technical worker in the same year.

第四十六條   

年終考核以一百分為滿分,分甲、乙、丙三等,其各等分數如下:

       一、甲等:八十分以上。

       二、乙等:七十分以上,未滿八十分。

       三、丙等:未滿七十分。

Article 46

The highest score given in an annual evaluation is 100, and the results are presented as grades of A, B, or C. The corresponding score for each grade is as follows:

1. Grade A: 80 points or above.

2. Grade B: 70 points or above, but less than 80 points.

3. Grade C: Less than 70 points.

 第四十七條   

年終考核,依下列規定:

一、甲等:晉本餉一級,並給與一個月餉給總額之一次獎金;已支本餉最高級或年功餉級者,晉年功餉一級,並給與一個月餉給總額之一次獎金;已支年功餉最高級者,給與二個月餉給總額之一次獎金。

二、乙等:晉本餉一級,並給與半個月餉給總額之一次獎金;已支本餉最高級或年功餉級者,晉年功餉一級,並給與半個月餉給總額之一次獎金;已支年功餉最高級者,給與一個半月餉給總額之一次獎金。

三、丙等:留支原餉級。

另予考核,列甲等者,給與一個月餉給總額之一次獎金;列乙等者,給與半個月餉給總額之一次獎金;列丙等者,不予獎勵。

工友考核獎金請求權之時效,依民法第一百二十六條規定辦理。

Article 47

The annual evaluation must comply with the following regulations:

1. Grade A: A promotion of the basic wage of one level and a bonus equivalent to 1 month of pay. A maintenance worker who has reached the highest attainable basic wage rate for the position or has been on the seniority wage rate will receive a promotion of the seniority wage of one level and an additional bonus of 1 month’s salary. A maintenance worker who has reached the higher attainable seniority wage rate shall receive a bonus equivalent to 2 months of pay.

2. Grade B: A promotion of the basic wage of one level and a bonus equivalent to half a month of pay. A maintenance worker who has reached the highest attainable basic wage rate for the position or has been on the seniority wage rate will receive a promotion of the seniority wage of one level and an additional bonus of half-a-month’s salary. A maintenance worker who has reached the highest attainable seniority wage rate shall receive a bonus equivalent to 1.5 months of pay.

3. Grade C: Remains at existing pay rate.

With respect to an additional evaluation, a maintenance worker who receives a grade of A shall be rewarded with a bonus equivalent to 1 month of pay, a maintenance worker who receives a grade of B shall be rewarded with a bonus equivalent to half a month of pay, and a maintenance worker who receives a grade of C shall not be rewarded.

Article 126 of the Civil Code shall apply regarding the time limit for the claim of said evaluation rewards.

第四十八條   

工友年終考核或另予考核均以平時考核為依據,年度內請事、病假日數超過二十八日者,年終考核不得考列乙等以上。

前項有關事假及病假之日數,應扣除請家庭照顧假、生理假、安胎休養及法律另有規定者之請假日數。

Article 48

Annual and additional evaluations shall be based on the routine evaluation. A maintenance worker who has taken personal and sick leave for more than 28 days shall not receive a grade of B or above.

The days of personal and sick leave mentioned in the preceding paragraph exclude family care leave, menstrual leave, sick leave for pregnant employees who need bed rest, and other days specified by law.

第四十九條   

工友平時考核有下列情事之一者,予以獎勵並作為年終考核之參考:

       一、在工作上有顯著之貢獻,而使機關工作效率增加者。

       二、對意外事件之發生能適時處理,使公家免遭損害或防止損害擴大者。

       三、檢舉可疑人、事、物,因而破案者。

       四、愛惜公物,節省物品(料)或公帑,著有成效者。

       五、品德表現足為同事楷模者。

       六、奉公守法,任勞任怨,工作績效卓著者。

       七、冒險犯難,施救意外災害,因而減少公眾損失者。

       八、駕駛全年未違規,未發生事故者。

       九、其他優良事蹟,足資獎勵者。

Article 49

The following accomplishments identified in the routine evaluation shall be rewarded and serve as a reference for the annual evaluation of the maintenance worker:

1. Remarkable contributions at work that improve the efficiency of the agency.

2. Appropriate handling of accidents that has prevented or mitigated the loss of the state.

3. Reporting suspicious people, events, or objects that helped to solve a case.

4. Outstanding results in caring for public property and conserving public property and funds.

5. The morality of the maintenance worker has been an example to the colleagues.

6. Law-abiding, hard-working, and outstanding work performance.

7. Performing first aid and other help at an accident or a disaster and successfully reducing public losses.

8. A chauffeur who has not broken a rule or had any accidents in 1 year.

9. Other outstanding deeds worthy of reward.

第 五十 條   

工友平時考核有下列情形之一者,予以懲罰並作為年終考核之參考,其觸犯刑事法令者,依各該法令處罰:

一、上下班代人或託人刷卡者。

二、工作怠惰者。

三、上班時間藉故離開職守或在外逗留者。

四、態度傲慢,言語粗暴者。

五、遞送公文,擅自翻閱者。

六、與同事吵鬧罵,有損團體紀律者。

七、對臨時交辦事項推諉責任者。

八、未經核准私自使用公物者。

九、浪費、損毀或遺失公物者。

十、煽動是非、造謠生事,影響工作者。 

十一、值日(夜)時擅離崗位者。

十二、不當或過失行為,致本校受損害者。

Article 50

The following deficiencies identified in the routine evaluation shall be punished and serve as a reference for the annual evaluation of a maintenance worker; in the event that criminal laws and other ordinances have been violated, relevant punishments shall apply:

1. Sign in and sign out for others or ask others to do so.

2. Idling at work.

3. Making excuses to leave one’s post or wander around during office hours.

4. Exhibiting an arrogant attitude and rude speech.

5. Browsing official documents without authorization while delivering them.

6. Arguing with colleagues and hindering group discipline.

7. Avoiding one’s responsibility to handle impromptu tasks.

8. Using public property without authorization.

9. Wasting, damaging, or losing public property.

10. Stirring up trouble and spreading rumors that hinder work.

11. Leaving one’s post without authorization when on duty.

12. Causing harm to the University through improper or negligent behavior.

第五十一條   

工友之獎勵,視其事蹟之輕重分為下列四種:

       一、嘉獎。           

       二、記功。

       三、記大功。

       四、獎金。

工友之懲處,視其情節之輕重分為下列三種,且應符合懲戒相當原則、公平原則:

      一、申誡。

       二、記過。

       三、記大過。

工友一年內之獎懲得相互抵銷,並作為年終考核之參考。若該年度累積達記大功者,年終考核不得考列丙等以下:若該年度累積達記大過者,年終考核不得考列乙等以上。

Article 51

Rewards are divided into the following four categories according to the magnitude of the accomplishment:

1. Commendation

2. Merit.

3. Major merit.

4. Bonus.

According to the severity of the incident, punishments are divided into the following three types; a punishment must meet the principle of fairness:

1. Warning

2. Demerit.

3. Major demerit.

The rewards and punishments a maintenance worker receives in the same year may cancel out each other and serve as a reference for the annual evaluation. A maintenance worker who has accumulated rewards equivalent to a major merit in a year shall not receive a grade of C or lower in the annual evaluation; a maintenance worker who has accumulated punishments equivalent to a major demerit in a year shall not receive a grade of B or above in the annual evaluation.

第 八 章   勞 動 契 約 之 終 止  

Chapter 8 Termination of Labor Contracts

第五十二條   

有下列情形之一者,本校得預告工友終止勞動契約:

       一、因精減、編併或機關裁撤時。

       二、業務緊縮。

       三、不可抗力暫停工作在一個月以上時。

       四、業務性質變更,有減少工友之必要,又無適當工作可供安置時。

       五、對於所擔任之工作確不能勝任。

Article 52

In the event that one of the following situations occur, the University may announce the termination of labor contracts of maintenance workers:

1. The agency is being streamlined, merged, or abolished.

2. The business has contracted.

3. All work is paused due to force majeure for 1 month or more.

4. When a reduction of the staff of maintenance workers is necessary due to a change in the nature of business but the University lacks suitable positions for the employees affected.

5. A maintenance worker is incompetent for the current position.

第五十三條   

依前條規定終止勞動契約之預告期間依下列規定:

       一、繼續工作三個月以上一年未滿者,於十日前預告之。

       二、繼續工作一年以上三年未滿者,於二十日前預告之。

       三、繼續工作三年以上者,於三十日前預告之。

工友於接到前項預告後,為另謀工作得於工作時間請假外出。其請假時數,每星期不得超過二日之工作時間,請假期間之工資照給。

未依第一項規定期間預告而終止契約者,應給付預告期間之工資。

Article 53

The announcement mentioned in the preceding article shall comply with the following regulations:

1. For an employee who has been working continuously for 3 months or more but less than 1 year, the announcement must be made 10 days in advance.

2. For an employee who has been working continuously for 1 year or more but less than 3 years, the announcement must be made 20 days in advance.

3. For an employee who has been working continuously for 3 years or more the announcement must be made 30 days in advance.

After receiving the announcement referred to in the preceding paragraph, a maintenance worker may, during hours of work, ask for a leave of absence for the purpose of finding a new job. Such leaves of absence may not exceed 2 work days per week. Wages shall be paid during such leaves of absence.

Where the University terminates a contract without giving proper notice within the time limit prescribed in the first paragraph of this article, the wages for said period shall be paid.

第五十四條 

依第五十二條規定終止勞動契約者,符合退休規定者依第五十九條之規定辦理,不合退休規定者,發給資遣費,並依下列規定計算,但法令另有規定者從其規定:

一、適用勞動基準法後之工作年資,其資遣費給與標準如下:

           (一)繼續工作每滿一年者,發給相當一個月平均工資之資遣費。

 (二)依前款計算之剩餘月數,或工作未滿一年者,以比例計給之。未滿一個月者以一月計。

二、 適用勞動基準法前之工作年資,其資遣給與標準以最後在工時之月工餉及本人實物代金為基數,每服務半年給予一個基數,滿十五年後另行一次加發一個基數,但最高總數以六十一個基數為限,未滿半年者,以半年計;滿半年以上未滿一者,以一年計。

 三、適用勞工退休金條例退休金後之工作年資,其資遣費按其工作年資,每滿一年發給之個月之平均工資,未滿一年者,以比例計給;最高以發給六個月平均工資為限。

Article 54

In the event that the labor contract is terminated according to Article 52, a maintenance worker who meets the qualifications for retirement may retire according to Article 59, and those who do not shall be paid a severance payment, which shall be calculated according to the following regulation, unless otherwise regulated by law:

1. Severance pay for the seniority accumulated after the promulgation of the Labor Standards Act shall be calculated as follows:

(1) For each year that a maintenance worker works continuously at the University, 1 month of average salary shall be paid.

(2) The severance pay for the months remaining after calculation in accordance with the preceding item or for maintenance workers who have been employed for less than 1 year shall be calculated proportionally; any period of employment less than a month shall be calculated as 1 month.

2. The severance pay for the seniority accumulated before the promulgation of the Labor Standards Act shall be calculated by taking the last monthly wage rate of the employee and the money in lieu of kind as the base. For every 6 months of work, a base is added and an extra base is added for the completion of 15 years of work; the maximum limit of bases is 61. For remaining time less than 6 months, it shall be calculated as 6 months; a period of time more than 6 months but less than 1 year shall be calculated as 1 year.

3. Severance pay for the seniority accumulated after the promulgation of the Labor Pension Act shall be calculated according to seniority. For each year a maintenance worker has worked at the University, half of the average monthly salary is to be paid; for maintenance workers who have been employed for less than 1 year, the pay shall be calculated proportionally. The maximum pay is limited to 6 months of the average monthly wage.

第五十五條 

工友有下列情形之一者,本校得不經預告終止契約,不發給資遣費:

 一、於訂立勞動契約時為虛偽意思表示,使校方誤信而有受損害之虞者。

 二、對於校長、副校長、直屬長官或其他共同工作之同仁,實施暴行或有重大侮辱之行為者。

 三、受有期徒刑以上刑之宣告確定,而未諭知緩刑或未准易科罰金者。

 四、違反勞動契約或工作規則,情節重大者。

 五、故意損耗機器、工具、原料、產品,或其他校方所有物品,或故意洩漏校方技術上業務上之秘密,致本校受損害者。

 六、無正當理由繼續曠工三日,或一個月內曠工達六日者。

本校依前項第一款、第二款及第四款至第六款規定終止契約者,應自知悉其情形之日起,三十日內為之。

Article 55

In the event that any of the following situations occur, the University may terminate the labor contract without notice and severance pay:

1. At the time at which the contract was signed, a maintenance worker misrepresented any fact to mislead the University, causing sustained damage therefrom.

2. A maintenance worker commits a violent act against or grossly insults the president or a vice president, direct supervisor, or fellow worker.

3. A maintenance worker has been sentenced to temporary imprisonment in a final and conclusive judgment and is not granted a suspended sentence or permitted to commute the sentence to payment of a fine.

4. A maintenance worker is in serious breach of the labor contract or in serious violation of work rules.

5. A maintenance worker deliberately damages or abuses any machinery, tool, raw material, product, or other property of the University or deliberately discloses any technical or confidential information of the University to a third-party, thereby causing damage to the University.

6. A maintenance worker is, without good cause, absent from work for 3 consecutive days, or for a total of 6 days in any month.

Where the University desires to terminate a labor contract pursuant to subparagraphs 1 and 2 or subparagraphs 4 to 6 of the preceding paragraph, the University shall do so within 30 days from the date that the University becomes aware of the particular situation.

第五十六條 勞動契約終止時,經工友請求,本校應發給工友服務證明書。

Article 56

When a labor contract is terminated, the University shall hand out employment certificates to the maintenance workers upon request.

第 九 章   退 休

Chapter 9 Retirement

第五十七條 

工友有下列情形之一者,得自請退休:

一、服務五年以上並年滿五十五歲,或服務五年以上經依各有關任用法規,轉任各機關(構)編制內職員,且年資銜接者。

二、服務滿二十五年。

Article 57

A maintenance worker may apply for retirement under one of the following situations:

1. Where the maintenance worker attains the age of 55 and has worked for 5 years at the University or has worked for 5 years as a permanent employee at a different agency where employment was governed according to relevant regulations, and the employments are connected.

2. Where the maintenance worker has worked for more than 25 years.

第五十八條

工友具有下列情形之一者,應予命令退休:

一、年滿六十五歲者。

二、因身心障礙不堪勝任工作者。

前項命令退休年齡之認定,依戶籍記載,其於一月至六月間出生者,至遲以屆齡當年七月十六日為退休生效日;其於七月至十二月間出生者,至遲以屆齡之次年一月十六日為退休生效日。

依第一項第二款規定而退休者,應檢附中央衛生主管機關評鑑合格地區醫院以上醫院出具之證明。

工友應予命令退休而拒不辦理退休手續者,本校應逕行辦理,並自退休生效日起停支餉給。

Article 58

In the event that one of the following situations occurs, the University shall order the maintenance worker to retire:

1. Where the maintenance worker attains the age of 65 years.

2. Where the maintenance worker is unable to perform duties due to disability.

The age for a retirement order mentioned in the preceding paragraph shall be determined according to the household registration document. For a maintenance worker who was born between January and June, the retirement shall be effective no later than July 16 of the year the maintenance worker turns 65; for a maintenance worker who was born between July and December, the retirement shall be effective no later than January 16 of the year after the maintenance worker turns 65.

A document issued by a regional or higher ranked hospital certified by the central health authority must be submitted for a maintenance worker who retires according to subparagraph 2 of Paragraph 1.

If a maintenance worker refuses to apply for retirement after said order, the University shall assume the application procedure and stop the payment of wages from the date that the retirement is effective.

第五十九條 

工友退休服務年資、退休金之採計,應依行政院頒布「工友管理要點」、「勞動基準法」及「勞工退休金條例」等有關法令之規定辦理。

Article 59

The calculation of the seniority and pension of a maintenance worker applying for retirement shall comply with relevant acts and regulations such as the Guidelines for the Management of Maintenance Workers promulgated by the Executive Yuan, the Labor Standards Act, and the Labor Pension Act.

第 六十 條 

本校應給付工友適用勞動基準法退休金規定之退休金,應自工友退休之日起三十日內給付之。

Article 60

The pension that the University shall pay to retired maintenance workers according to relevant regulations in the Labor Standards Act must be paid within 30 days after the retirement of a maintenance worker.

第六十一條 

工友適用勞動基準法退休金規定者,其請領退休金之權利,自退休之次月起,因五年間不行使而消滅。

Article 61

For retired maintenance workers eligible under the regulations for pensions in the Labor Standards Act, the right to claim retirement benefits shall be abandoned if it is not exercised within 5 years of the month following the effective date of retirement.

第 十 章   撫 卹 及 因 公 受 傷

Chapter 10 Bereavement Compensation and Injury While on Duty

第六十二條 

工友因遭遇職業災害而致死亡、殘廢、傷害或疾病時,依勞動基準法及其施行細則規定予以補償。

Article 62

In the event that a maintenance worker dies or becomes disabled, injured, or sick due to occupational accidents, compensation shall be made in compliance with the regulations of the Labor Standards Act and its enforcement rules.

第六十三條 

工友在職期間因病故或意外死亡者,依勞動基準法所訂退休金標準發給撫卹金,服務未滿三年者,以三年論。並依規定請領勞工保險死亡給付。

Article 63

In the event that a maintenance worker dies of a disease or accident during employment, the University shall issue bereavement compensation for the survivors according to the calculation standards for pensions set in the Labor Standards Act; for a maintenance worker who worked at the University for less than 3 years, such time shall count as 3 years. The death benefit from the labor insurance shall also be claimed.

第六十四條 

工友在職亡故火化者,核發七個月之殮葬補助費;採行入棺土葬者,核發五個月之殮葬補助費。殮葬補助費之發給標準,以委任第五職等本俸五級公務人員之薪俸額計算。

Article 64

In the event that a maintenance worker dies during employment, a funeral and burial subsidy comparable to 7-month wages shall be issued. The issuance of said subsidy shall be calculated according to the standards for a public office with a basic pay rate 5 and supplementary payment of elementary rank 5.

第 十 一 章   福 利 措 施

Chapter 11 Benefits Measures

第六十五條    

工友在職期間及退休生效日起,得依本校相關規定,享有下列福利:

一、申請汽機車通行證。

二、參加校慶、春節團拜、文康活動、各類社團活動及其他各項慶典活動。

三、圖書館借書證、計算機與網路中心提供之個人電子郵件信箱及體育場等公共設施,得依各單位規定使用之,其他經專案簽准之福利。

Article 65

Maintenance workers are entitled to the following benefits according to relevant regulations of the University during their employment and from the effective date of their retirement:

1. Applying for car and motorcycle passes.

2. Participating in school anniversary celebrations, Chinese New Year’s gatherings, cultural and entertainment activities, club activities, and other celebrations.

3. Library cards, personal email accounts provided by the Computer and Network Center, access to public facilities such as the sports stadium under the regulation of each unit, and other benefits approved on a case-by-case basis.

第六十六條 

工友之結婚補助、生育補助、喪葬補助、子女教育補助等生活津貼,依行政院每年發布之全國軍公教員工待遇支給要點辦理。

Article 66

Living allowances such as a wedding subsidy, maternity benefit, a funeral and burial subsidy, and a children’s education allowance for maintenance workers shall be handled according to the Key Points in Paying Government Military Personnel, Employees and Teachers prepared by the Executive Yuan every year.

第六十七條 

工友出差按中央機關公務員工國內出差旅費標準表申請旅費。

Article 67

The Business Trip Allowance Standards for Public Officers in Central Agencies shall apply to maintenance workers taking a business trip.

第六十八條 

工友均參加勞工保險及全民健康保險,享有各該保險之給付權利。

Article 68

Maintenance workers shall be enrolled in Labor Insurance, Employment Insurance, and National Health Insurance and are entitled to all benefits of each program.

第六十九條 

為促進機關與工友合作,提高工作效率,本校應依「勞資會議實施辦法」舉辦勞資會議,互相溝通意見,檢討工友之工作、生活、福利等事項。

Article 69

To encourage collaboration between all agencies and maintenance workers to improve efficiency, the University must convene labor–management meetings according to the Regulations for Implementing Labor–Management Meetings to stimulate communication and review issues regarding the work, life, and benefits of maintenance workers.

第 十 二 章   附 則

Chapter 12 Supplementary Provisions

第 七十 條 

本規則如有未盡事項,依照有關法令規定辦理。

Article 70

For other issues that the regulations fail to address, relevant acts and regulations shall apply.

第七十條之一 

為防治性騷擾行為的發生,本校僱用受僱者三十人以上者,應依「性別工作平等法」訂定性騷擾防治措施、申訴及懲戒辦法,並在工作場所公開揭示。

Article 70-1

To mitigate the occurrence of sexual harassment, the University, being an employer of more than 30 employees, must establish and publicly disclose measures for preventing and correcting sexual harassment, channels for reporting related complaints, and disciplinary measures according to the Act of Gender Equality in Employment.

第七十條之二 

法令另有規定或勞雇雙方之約定優於本規則規定者,從其規定或約定。

Article 70-2

If the law states otherwise or if the agreement between the employer and employee takes precedence to the conditions stated in the regulations, such other laws or agreement shall apply.

第七十一條 

本規則經行政會議通過,報請臺南市政府核備後實施。修正時亦同。

Article 71

These regulations were promulgated at the Administrative Meeting and were approved and filed for future reference by Tainan City Hall before implementation. The same process shall apply to all amendments to the regulations.