Guidelines for Academia Sinica Research Fellows and
Research Specialists Holding Part-time Jobs
Passed by the 3rd Council of Academia Sinica in 2010 on July 29, 2011
Promulgated by Human Affairs Document No. 09906524561 on August 23, 2011
Revised and approved by the 3rd General Assembly on July 25, 2013
Revised and promulgated by Human Affairs Document No. 1020506246 on August 28, 2013
1. These Guidelines are established by Academia Sinica to regulate the part-time
jobs held by Academia Sinica research fellows and research specialists. For any
matter other than prescribed hereinto, other relevant laws shall apply.
2.
The part-time jobs held by Academia Sinica research fellows and research
specialists shall be the jobs relating to their full-time jobs or specialty of research.
The agencies (institutions) at which the part-time jobs and the positions may be
held are as below:
(1) Positions in government agencies (institutions)
(2) Positions in public schools, accredited private schools and administrative
corporations.
(3) Positions stipulated in the articles of non-profit organizations or groups; when
(4)
(5)
(6)
(7)
the positions are not stipulated in the articles, they shall be recognized by
Academia Sinica as teaching or research related jobs before they are taken.
Directors or supervisors of companies that representing the shares owned by
the government in pursuance of law.
Research and development consultants or advisers at biotech and new
pharmaceutical companies.
Founders, directors or technology consultants at the newly-established biotech
and new pharmaceutical companies. However, the part-time staff should be
the mainly technology providers in the companies.
Originators who are not practically involved in the foundation, and technology
consultants or technology advisers who do not practice operating business in
the enterprises, organizations or groups that sign a contract with Academia
Sinica.
(8) Originators who are not practically involved in the foundation, and technology
consultants or technology advisers who do not practice operating business in
the for-profit organizations or groups that sign an industry-university
collaboration project with governmental agencies (institutions).
(9) Other jobs recognized by Academia Sinica as teaching and research related
ones (ex. Editing research and academic journals). The staff who take
part-time jobs are allowed to take or participate in research projects in the
for-profit organizations or groups yet are not involved in operating business at
the organizations or groups.
The agencies (institutions) at which the part-time jobs and the positions shall not
be taken are as below:
(1) Other official positions in governmental agencies (institutions). However, the
part-time directors or supervisors in state-owned business organizations in
pursuance of the law shall not subject to this restriction.
(2) Full-time positions in public or private schools.
(3) Full-time positions in administrative corporations.
(4) Positions in for-profit business organizations or groups not prescribed in
Clauses 4 to 9 of the previous article (including independent directors)
(5) Regulated by professional laws and required licenses to practice services such
as lawyers, accountants, architectures, and technicians, physicians, registered
nurses, medical technician, and etc. Unless otherwise provided by other laws
or the jobs that Academia Sinica are recognized as teaching or research related
ones shall not subject to this restriction.
3. Academia Sinica research fellows and research specialists holding part-time jobs
that require them to handle primarily routine matters shall spend no more than
eight hours each week within office hours.
4. The part-time jobs held by Academia Sinica research fellows and research
specialists shall not affect their duties and responsibilities in Academia Sinica. The
part-time jobs can only be held after receiving the approvals from the director of
the research institute (preparatory office) or center and Academia Sinica. The
applications shall be submitted to Academia Sinica for approval again upon the
renewed employment of part-time jobs after the term of employment expires, or
when there are changes to the positions of the part-time jobs held.
The applications for part-time jobs for the staff stipulated in the previous
paragraph shall be submitted to the Personnel Office for initial review, and then to
the employment unit for opinions.
Staff who hold positions prescribed in Clauses 7 and8 of Item 1 of Article 2 shall
fill out “Academia Sinica Staff Holding Part-Time jobs in Response to the Needs
of Technology Transfer Permit Declaration” and submit it to the General
Assembly of the research institute (preparatory office) and research center with
other relevant documents for review, and to the President of Academia Sinica for
approval before holding the part-time jobs.
The staff prescribed in Item 1 holding the part-time positions not stipulated in the
articles prescribed in Clauses 3 of Item 1 of Article 2, or holding the positions
prescribed in Clause 9 or holding the part-time jobs prescribed in Clause 5 of Item
2 that are regulated by professional laws and required licenses to practice services
shall be recognized by the employment unit as teaching or research related jobs.
5. The payments for the part-time jobs held by Academia Sinica research fellows and
research specialists shall be processed according to the “Regulations Governing
the Payment of Concurrent Serving & Lecture Hourly-Pay to Military, Public and
Teaching Personnel” unless specified below:
(1) The number of payments as well as the maximum payment of part-time jobs
of research fellows (including President, Vice Presidents and part-time
directors) shall not be subject to the restriction of the “Regulations Governing
the Payment of Concurrent Serving & Lecture Hourly-Pay to Military, Public
and Teaching Personnel”. However, for the staff holding the part-time
positions prescribed in Clause 4 to 9 of Item 1 of Article 2, the maximum
payment of per part-time job for each month shall not exceed the total amount
of highest seniority pay and profession additional pay of their full-time jobs.
(2) The number of payments as well as the maximum payment of part-time jobs
of research specialists (including part-time directors) who hold the part-time
positions prescribed in Clause 7 and 8 of Item 1 of Article 2 shall not be
subject to the restriction of the “Regulations Governing the Payment of
Concurrent Serving & Lecture Hourly-Pay to Military, Public and Teaching
Personnel”. However, the payment of per part-time job for each month shall
not exceed the total amount of highest seniority pay and profession additional
pay of their full-time jobs.
All the payments of the part-time jobs shall be forwarded by Academia Sinica.
However, when the payments paid by electronic remittance, and the agencies
(institutions) that the part-time jobs are held inform Academia Sinica by letters
shall not subject to the restriction.
6. During the period when Academia Sinica research fellows and research specialists
holding the part-time jobs that are directors or supervisors prescribed in Clause 4
of Item 1 of Article 2, and directors prescribed in Clause 6, the “Act on Recusal of
Public Servants Due to Conflicts of Interest” shall be followed for recusing due to
conflicts of interest; during the period of holding the part-time positions
prescribed in Clauses 5 to 9 shall not obtain interests by themselves or their
related persons either directly or indirectly through any act or omission to
encounter conflicts of interest. However, the legal beneficial equity interest
received from technology pricing investment or the investment and profits match
the specification in Item 1 of Article 13 shall not be subject to the restriction.
The staff holding part-time jobs mentioned in the previous paragraph shall recuse
the business concerning procurement or project review in the enterprises, groups
or enterprise groups where the part-time jobs are held during the period of holding
the jobs or within two years after the termination of part-time jobs. However, if
the recusal is against fair competition or public interest, the staff shall report to
Academia Sinica for approving the exemption from the restriction.
The staff holding part-time jobs or their related persons shall recuse themselves or
urge the related persons to recuse when the conflicts of interest are encountered.
When the unit in which the research fellows and research specialists serve is
aware that the research fellows and research specialists obliged to recuse fail to
rescue, it shall order them to recuse.
When the research fellows and research specialists fail to recuse notwithstanding
the fact that they are obligated to recuse, any interested person may apply to
Academia Sinica for their recusal. When it is the President of Academia Sinica,
the interested person shall apply to the superior authority.
7. The term “related persons of research fellows and research specialists” referred to
in Article 6 is hereby defined as follows:
(1) The spouses of reach fellows and research specialists or the family members
living together with the research fellows and research specialists.
(2) Relatives of the research fellows and research specialists by the second degree
of kinship.
(3) Trustees of the trust property consigned by the research fellows and research
specialists or their spouses.
(4) Any for-profit business organization or group in which the research fellows
and research specialists and the persons specified in above Clause 1 and 2 hold
positions of as follows: C.E.O., director, supervisor or manager.
However, when the research fellows and research specialists who hold the
previous positions are appointed by the government or Academia Sinica, other
laws shall apply.
8. The term “interests” referred to in Article 6 includes property interests and
non-property interests.
Property interests include:
(1) Moveable property and immovable property.
(2) Cash, deposits, foreign currencies, and securities.
(3) Obligatory right or other property right.
(4) Other interests with economic value or that can be acquired through money
exchange.
Non-property interests mean the appointment, promotion, transfer and other
personnel measures in favor of the research fellows and research specialists or
their related persons in Academia Sinica or the for-profit business organization or
group prescribed in Clause 5 to 9 of Item 1 of Article 2.
9. If there is any of the following circumstances with the part-time jobs held by
Academia Sinica research fellows and research specialists, the approval shall not
be granted or shall be abolished during the period of part-time jobs held:
(1) The natures of works are incompatible with the duties and responsibilities in
Academia Sinica.
(2) With concerns that there are bad effects to the duties and responsibilities in
Academia Sinica.
(3) With concerns that there are damages to the image of Academia Sinica.
(4) With concerns that there might be leakage of confidentiality in the public
affairs.
(5) With concerns that there are matters related to personal profiteering or cheating.
(6) With concerns that there are improper interests transactions related to their job
positions.
(7) With concerns that there are appropriations of public funds or improper usages
of public belongings from Academia Sinica.
(8) With concerns that there are breaches of academic ethics.
(9) With concerns that there are endangerments to the safety or health of Academia
Sinica staff.
(10) Breach of ethic matters, or shall be suspended from holding part-time jobs in
pursuance of Academia Sinica’s regulations on the academic research
performance evaluation in the academic year.
(11) With concerns that there are breach of conflicts of interests.
Each unit shall collect the “Disclosure Form for Academia Sinica Research
Fellows and Research Specialists Holding Part-time Jobs” filled out by its research
fellows and research specialists by the end of October every year and submit to
Academia Sinica for reference. And each unit shall make assessments and
examinations on the part-time jobs held by its research fellows and research
specialists each year, as the basis to decide whether or not to grant approval on the
continuance of part-time jobs.
10. When for-profit organizations or groups employ Academia Sinica research fellows
and research specialists for part-time jobs in pursuance of Clauses 7 and 8 of Item
1 of Article 2, the academic reward fund shall be paid.
Other regulations governing the calculation and collection of the academic reward
fund prescribed in the previous paragraph shall be stipulated by Academia Sinica
otherwhere.
11. The formates of the “Declaration Form for Academia Sinica Staff Holding
Part-time Jobs in Response to Technology Transfer and Scientific Research
Needs” in Item 2 of Article 4 and the “Disclosure Form for Academia Sinica
Research Fellows and Research Specialists Holding Part-time Jobs” in Item 2 of
Article 9 shall be stipulated by Academia Sinica otherwhere.
12. These Guidelines and the amendments thereof have been passed by the Council of
Academia Sinica and approved and promulgated by the President of Academia
Sinica.
Note: The Chinese text of these Guidelines shall be deemed the original. In the event
of any dispute or misunderstanding as to the interpretation of the language or
terms of these Guidelines, the Chinese language version shall control.