| Summary: | 碩士 === 世新大學 === 行政管理學研究所(含博、碩專班) === 98 === The Civil Servant Association Act (hereinafter referred to as the “Association Act”) was
promulgated on 10 July 2002 under a presidential decree and entered into force on 1 January 2003 under the order of the Examination Board. However, after seven years, a great deal of coordination and efforts from the National Civil Servant Association Promotions Agency, other related associations and authorities, the National Civil Servant Association was finally established as an official organization on the 2 October 2009. The implementation of the Association Act meant recognition for civil servants’ right of association and a new milestone for Taiwan’s democratization. Furthermore, after the Civil Servant Protection Act took effect,
it has led to improvements in the overall work conditions, performance and contribution of civil servants. Therefore, the content and implementation of this new act is worthy of examination and review. In this study, the content and the practical operation of the Association Act will be discussed from the perspectives of internal and external democracy. The examination of internal democracy will be conducted in line with related theories of organizational
democracy (including theories of trade union democracy,) from the aspects of representation, effective participation, information openness, and independence with neutrality; this is
because these four criteria are the fundamental theories of organizational democracy. As for external democracy, the research will be performed in accordance with the “expression of public interest” and the “prevention of harm to the principles of democracy due to professionalism”. These two standards are inspired by the theory of democratic administration and contain externalities as well as connotations of positive democracy. Based on the above, it is anticipated that by researching both the internal and external democracy, this study can be contributive to the Civil Servant Association, government agencies and the
entire society. In this study, related literature was investigated and secondary data and information
acquired through interviews was organized and analyzed. The 10 interviewees included the
chairpersons or cadres, members of civil servant associations in central and local government
departments and specialists. Major findings included the incomplete regulations in the Association Act, the 7-year delay, the inadequately defined position of the association, limited
functions of the association, the association is more symbolic rather than substantive, the
design of the association’s organization levels and operating mode in favor of government
control, the association not fully authorized to appoint representatives in important rights organizations, the contradiction of placing the reformed in charge of mediation and arbitration,
questionable government funding and association independence, representation of members
needs improvement, lack of alternative measures, insufficient information available online,doubtful independence and neutrality of the association, absence of concrete plans for achievement of external democracy and so forth.
After consolidating and analyzing the various data, the following proposals regarding the Association Act, the practical operations, internal democracy and external democracy has been formed:
1. Proposals regarding the Association Act: 1) Corresponding enforcement rules ought to be established to complete the Association Act; 2) the position of the association should be clearly defined through rational dialog conducted in democratic approaches; 3) the association should be given the commensurate right to negotiate; 4) the legal standards for the association should be relaxed; 5) the association should be given the authority to appoint representatives in important rights organizations; 6) it would be more impartial to commission a third party to be responsible for mediation and arbitration; 7) amendments should be made to relax the restrictions on the organization levels and the operating mode of the association, as well as the leave of absence for the directors and supervisors of the association.
2. Proposals regarding practical operations: 1) The head of the agency and the association should maintain communications and complement each other; 2) the association should not receive funding from the agency in which it is operated this is so that independence can be guaranteed; 3) to facilitate the operations of the association assistance should be given to find premises in government agencies
3. Proposals regarding internal democracy: 1) The representation of the members of the association should be improved; 2) civil servants ought to be capable of introspection; 3) introduce alternative democratic negotiation measures to ensure “participative management;” 4) provide online information to increase public awareness; 5) self-discipline should be stipulated in the association charter.
4. Proposals regarding external democracy: Members of the association should fulfill the duty entrusted upon them and dedicate themselves to the welfare of all civil servants.
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