| 摘要註: |
銓敘部認為二十一世紀的今日,為有效回應多元變化的政經社文環境,有為的政府須有優質文官為後盾,從而績效管理制度之改革,業已成為各國當前文官體制發展之時代趨勢。再者,考績法本身亦因各級管理者缺乏績效管理的觀念等問題,致考績難以發揮激勵之功能,是以,考績制度有重行設計之需要。考試院院會於101 年10 月19 日通過「公務人員考績法」修正草案,新版考績法修正案規定中,將考績丙等從原本無比例規定修正為1 到3%,十年內累計三次丙等將被淘汰(資遣或退休)。考試院以設定考績丙等比例為手段,推動考績制度改革,試圖打破公務人員職務所謂的「鐵飯碗」,提升我國文官競爭力,進而增進政府效能,立意良善無可厚非,惟新版2011 年公務人員考績法中考績丙等比例改革能否真能達到獎優汰劣、提升行政效能之目的不無疑義?再者,各機關考列丙等者比率之強制規定,是否妥適仍有不少之爭議?本研究認為推動考績制度改革固有其必要性,惟該「修正草案」考列丙等者比率之強制規定,既然遭受行政機關、立法院、司法體系及公務人員的強烈反彈,學界亦多有質疑合憲性,是以仍不宜逕行入法實施,應先行持續檢討修正,同時加強溝通協調,化解疑慮,逐步檢討推動建立法制。另本文期待透過考績相關理論文獻之探討、現行人事考績法令制定及修正過程及我國現行丙等考績制度實務運作面臨之問題檢討分析,嘗試提出建議,以期改善現行丙等考績制度相關問題。 Ministry of Civil Service declares that the 21st century today, the Government backed up by a group of high quality civil officials should be in an effective response to diversified changes in political, economic, social and cultural environment. The reformation of performance management system has become a global and national trend of development in the current civil service system. Moreover, now because managers at all levels lack the concept of effective performance management, Public Functionaries Merit Evaluation Act is difficult to motivate encouragement. Therefore,the merit evaluation system is needed to be re-designed. On October 19, 2012, the Examination Yuan passed Public Functionaries Merit Evaluation Act draft amendments. In the new edition amendment, C-rating performance appraisal is amended from no percentage limitation to 1%~3%, person who gets three times of C-rating in ten years will be eliminated (severance or retirement).The Examination Yuan sets C- rating as a means to promote the Merit Evaluation reformation, trying to break the concept of public service as so-called stable and life-long job, and try to enhance the competitiveness of our bureaucratic and government efficiency. The approach is good and understandable; however, whether the 2011 new edition about the percentage of C-rating can really achieve the purposes of encouraging and eliminating factors through performance, and of promoting administrative efficiency are doubtful. Furthermore, whether the forced ratio of C rating for each government institutions is proper or not, there is still a lot of controversy.The paper emphasizes that it is necessary to promote the reformation of Merit Evaluation; however, the forced limitation of C-raiting in the draft amendment was suffered strongly rebound from the administrative institutions, the Legislative Yuan, judicial systems, and the public functionaries. The academic community has also questioned its constitutionality. Therefore, the draft amendment about C-raiting should be sustainably discussed and adjusted more, instead of putting into the Merit Evaluation Act without restraint. At the same time, commuication and cooperativeness should be done to resolve the doubt and hesitation. Then, it is possible to promote and enact the laws. Moreover, examinating through the merit evaluation-related theories and reference ocuments, the existing and correcting process of personnel performance appraisal act, and the review of our current practices of Merit Evaluation C- rating, the paper aims to offer research analysis and advices to future researchers to improve the related problems of the exiting Merit Evaluation C-rating. |