A Study on the Legal System of Dismissed, Suspended or Denied A Renewed Employment of University Teachers ─Centered on Article 14, Paragraph 1, Subparagraph 14 of Teacher’s Act
Date Issued
2016
Date
2016
Author(s)
Wang, Ching-Fu
Abstract
In recent years, due to the phenomenon of low birth rate, universtities face the difficulty of enrolling students and there has been an excess of teachers in domestic universities. Therefore, some universities take legal means, such as ""teacher evaluation"" and ""the fixed number of years on promotion,"" to dismiss or deny a renewed employment of the so-called ""excess teachers."" However, since either public schools or private schools are strictly restricted for the reasons of teachers'' dismissal or non-renewal by Teachers’ Act, Article 14 of Teachers’ Act should be based legally when the schools dismiss or deny a renewed employment of teachers, resulting in a dramatic increase trend concerning the litigation of Article 14 of Teachers’ Act in recent years. Especially, in the relevant cases of university teachers, the provisions of ""Specific instances of their not fulfilling a teacher’s duties, or being incompetent to teach; or violating their employment contract in a way which constitutes a serious offence"" in Article 14, Paragraph 1, Subparagraph 14 of Teachers’ Act are most common. This paper focuses on discussion and analysis of the conditions of the operations on the procedure and substantive laws in the dismissal, suspense, and a renewed employment denial of Taiwan’s university teachers according to Article 14, Paragraph 1, Subparagraph 14 of Teachers’ Act. Besides, the proper explanation of the due procedure and substantive laws is proposed and it is expected to properly explain and apply similar cases in the future and to guarantee the right of work of university teachers. In this paper, on substantive laws, we point out the conflict between teachers'' teaching freedom and students’ learning right based on the provisions of ""ineffective teaching criteria"" in Article 14, Paragraph 1, Subparagraph 14 of Teachers’ Act; in addition, we propose the ""incompetent"" of university teachers should become the new summarized provisions to replace the deleted ""clauses of teachers'' dignity"" and it should be different from the ""ineligibility for the active working"" in Article 15 of Teachers’ Act. Then, we induce practice opinions and propose our views on the most common controversy in Taiwan’s universities recently, namely the enactment of the ""limited year terms"" made by universities in accordance with Article 19 of University Act, the ""teacher review system"" in Article 21, as well as the relation between the provisions in University Act and the ""violating their employment contract in a way which constitutes a serious offence"" in Article 14, Paragraph 1, Subparagraph 14 of Teachers’ Act when the decisions that university teachers are not reappointed are made.
Subjects
Teacher’s Act
University Act
University Teachers
Limited Year Terms
Teacher Review System
Type
thesis
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