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教育人事制度 -System of Personnel on Educational Affairs
確立教育人事業務分工
  早期教育人事制度並無統整之法律規範,自29年起,中央考銓機關即與教育部研議,直到51年第4次全國教育會議,決議「建立教育人事制度」,並交由教育部辦理。

公布〈教育人員任用條例〉
  為建立教育人員任用法制,74年5月總統公布〈教育人員任用條例〉,92年12月修正適用對象涵蓋公立各級學校校長、教師、職員、運動教練、社會教育機構專業人員及各級主管教育行政機關所屬學術研究機構研究人員;而私立學校校長、教師之任用資格及審查程序準用之,100年11月修正各級學校校長資格,並增訂特殊教育學校、師資培育之大學附設學校及宗教研修學院之校長資格規定;另為落實杜絕有性侵害犯行之加害人進入校園擔任教職及配合〈性別平等教育法〉增列第36條之1解聘或免職之規定,增列不得為教育人員之條件,並因應公教分途,增定專任教育人員留職停薪之依據;又為賦予各大學更大之用人彈性及有利於學校延攬優秀人才,於102年12月11日修正明定在學術上具有傑出之貢獻者(包含本國及外國優秀人士)得經特定程序審定後擔任大學、獨立學院或專科學校教師。另配合〈教師法〉第14條因應司法院釋字第702號解釋意旨之修正,於103年1月22日修正〈教育人員任用條例〉第31條有關教育人員任用消極資格規定。

制定〈教師法〉
  對於教師是否屬於公務人員,至81年大法官會議釋字第308號解釋後,始有較為明確之界定。準此,教育部本於「公教分途、公私一致」之原則,研擬制定〈教師法〉,84年8月總統公布施行,迄今歷經13次修正,適用對象包括公、私立學校之專任教師,以明確教師之權利義務,保障教師之工作與生活,提升教師專業地位;另為回應積極處理不適任教師之社會呼聲,持續研修〈教師法〉,以維護學生受教權及提升教育品質。

建制私立學校教職員退撫儲金新制
  基於私立學校與公立學校同為國家培育人才之教育機構,為安定私立學校教職員工之生活,80年12月總統修正公布〈私立學校法〉,明定建立私立學校教職員工退休撫卹基金,該基金並自81年8月成立管理委員會,負責複核退撫案件及支付退撫給與。原制度因無年金性質之定期給與及退撫所得偏低等問題,教育部爰依〈教師法〉第24條、〈私立學校法〉第64條規劃私校退撫儲金新制,以「確定提撥制」為設計基礎,搭配個人帳戶。經總統98年7月8日明令公布〈學校法人及其所屬私立學校教職員退休撫卹離職資遣條例〉,自99年1月1日施行。對於穩定私立學校教學及研究發展環境,吸引及留任優良教師,衡平公私校教師退撫制度等方面,將逐年彰顯其效益,並同時落實總統「教師福利待遇,公私逐步齊一」教育政策。

實施〈教師待遇條例〉
  84年8月9日制定公布之〈教師法〉第20條規定:「教師之待遇,另以法律定之。」為使教師待遇條例法制化,教育部擬訂教師待遇條例草案,經過近20年積極推動及與相關機關、地方政府及教育團體溝通協調,該條例經總統於104年6月10日公布,行政院定自104年12月27日施行,適用對象包含公立及已立案之私立學校編制內,依法取得教師資格之專任教師,對其本薪(年功薪)之起敘、改敘、提敘及年資晉薪訂有原則性規範,並明定加給種類、獎金支給原則、福利措施等,另為加強保障私立學校教師待遇權益,針對違反該條例規定之私立學校訂有處罰機制,對教師待遇之保障更臻完善。

制定〈公立學校教職員退休資遣撫卹條例〉
  為保障每一位公立學校教職員老年之經濟安全及國家年金制度永續,因應人口結構改變及社會趨勢發展,同時兼顧世代及職業之衡平,106年8月9日經總統公布之〈公立學校教職員退休資遣撫卹條例〉,相關條文除第8條第4項及第69條自106年8月11日生效外,其餘條文均自107年7月1日施行。又該條例適用對象包括已退、現職及新進人員,其中調降現職及已退休人員之退休所得,相關配套措施亦衡量信賴利益與欲達成之公益結果,採循序漸進的方式進行,以減輕衝擊並符合信賴保護原則,期達到退休制度照顧退休教職員老年經濟生活的建置意旨。復為利退撫基金財務穩健,該條例明定教育人員退撫制度改革方案調降退休所得而可撙節政府支出之經費,應全數挹注退撫基金;另退撫條例施行後,行政院應會同考試院建立年金制度監控機制並定期檢討,以利年金制度永續發展。

The Confirmation of the Educational Personnel Affairs Division
  In the past, there were no complete judicial regulations for the system of personnel on educational affairs. Since 1940, the central authorities of examinations and civil servant employment have undertaken research and have had discussions with the Ministry of Education. Not until 1962, at the 4th National Education Meeting, was the establishment of the system of personnel on educational affairs decided and consigned to the Ministry of Education for implementation.

The Announcement of the Act of Governing the Appointment of Educators
  In April 1985, In order to establish judicial regulations concerning the appointment of educators, the President announced the Act of Governing the Appointment of Educators, which was revised in December 2003. The target groups of this act included the principals, teachers, staff, and sports coaches in public schools at all levels, professionals in social education organizations, and researchers in academic research institutes belonging to educational administrative authorities at all levels. The recruitment qualifications and the review procedures of principals and teachers in private schools were also covered by this Act. In November 2011, the Act of Governing the Appointment of Educators was revised in order to revise the regulations of principals’ qualifications at all school levels. The regulations of principals’ qualifications were increased for special education schools, the attached schools of teacher education universities, and religious colleges. In addition, in order to both comprehensively prevent infringers and criminals of sexual assaults from entering campuses to become educators, and in accordance with Article 36-1 of the Gender Equity Education Act, regulations about layoffs and dismissals of teachers were increased for the aforementioned persons, who are disqualified from being educators according to the Act of Governing the Appointment of Educators. In response to the separation between public and private schools, the legislative reference to educators’ temporary leave without salary was increased in the Act of Governing the Appointment of Educators. On December 11, 2013, to enable all universities to have more flexibility in recruiting outstanding talented individuals, it was regulated in the Act of Governing the Appointment of Educators that those who have made great contributions in academia (including individuals from foreign countries and of our nation) could be teachers in universities, independent colleges or regular colleges after specific procedures. In addition, in accordance with Article 14 of the Teachers’ Act , and in response to the revised content of the J.Y, Interpretation No. 702 , on January 22, 2014, Article 31 of the Act of Governing the Appointment of Educators , the passive regulation of educator appointments, was revised.

The Establishment of the Teachers’ Act
  In 1992, after the J.Y, Interpretation No. 308, a much clearer definition of the question of whether teachers were public servants or not was introduced. Therefore, the Ministry of Education had organized and planned the Teachers’ Act with the concept of ‘the separation between public servants and teachers, and the accordance between public and private schools.’ In August 1995, after 13 sets of revisions, the President announced the Teachers’ Act. The target groups of this Act included teachers in both public and private schools. The Act was established in order to clarify teachers’ rights and responsibilities, to ensure teachers’ work and life, and to enhance teachers’ professional status. In addition, the Act responded to the concerns of society related to incompetent teachers by actively adopting new measures. The Teachers’ Act has been continuously revised so as to maintain students’ rights to education and to refine the quality of education.

The Establishment of the New System of Retirement and Bereavement Compensation for Teaching and Other Staff Members of Private Schools
  In December 1991, since private schools, as well as public schools, are educational institutes for cultivating talented individuals of our nation, and to provide retirement guarantees for teaching and other staff members in private schools, the President announced the revised Private School Law . This law regulated the retirement, and bereavement compensation fund, and in August 1992, the management committee of this fund was established. The management committee of the fund was responsible for reviewing cases and the payment of the retirement and bereavement compensation. Two main concerns remained unresolved in the original system: whether employees should receive regular payments of pension; and the lower retirement, severance, and bereavement compensation. Consequently, according to Article 24 of the Teachers’ Act and Article 64 of the Private School Law, the Ministry of Education organized a new system of retirement and bereavement compensation, to guarantee the designated basis for guaranteed payments, operated with personal accounts of teaching and staff members. On July 8, 2009, the President declared the Act Governing the Retirement, Bereavement Compensation, Discharge with Severance Pay Benefits for Teaching and Other Staff of School Legal Persons and their Respective Private School(s), effective from January 1, 2010. It was expected that the teaching and research development environments in private schools would become stable, excellent teachers will stay and continue teaching in their schools, and the system for retirement, severance, and bereavement compensation in private schools could be balanced and would be demonstrated in future years. The educational policy of ‘the gradual standardization of teachers’ welfare in public and private schools’ could be simultaneously implemented.

The Implementation of the Teacher Remuneration Act
  Article 20 of the Teachers’ Act, which was announced on August 9, 1995, regulates that ‘teachers’ remuneration should be regulated by other specific laws.’ Following this article, the Ministry of Education planned the revision of the Teacher Remuneration Act. Through active promotion and communication with related authorities, local government, and educational organizations over 20 years, on June 10, 2015, the President declared the Teacher Remuneration Draft. On December 27, 2015, the Executive Yuan announced the implementation this Act. The target groups of this Act included qualified full-time teachers in the retained personnel lists of public and legislated private schools. Regulations of the aforementioned teachers’ basic salary (seniority salary), starting salary grades, modified salary grades, in accordance with the standard principles regulated by the Executive Yuan, increase of salary, and the rise in annual salary according to position grades of work were clearly regulated. The categories of salary increase, payment principles of merit payment, and measures of welfare were also regulated. In addition to both strengthening the guarantee of teachers’ rights to remuneration in private schools and refining the comprehensive teachers’ remuneration, a punishment system was added for those private schools which violated the aforementioned regulations.

The Establishment of the Act Governing Retirement, Severance, and Bereavement Compensation for Teaching and Other Staff Members of Public Schools
  To guarantee both the economic security of every teaching and staff member of public schools in their retirement and the sustainability of the annuity system in our nation; to respond to both population construction changes and social development trends; and to simultaneously achieve a balance between generations and careers, on August 9, 2017, the President declared the Act Governing Retirement, Severance, and Bereavement Compensation for the Teaching and Other Staff Members of Public Schools. On July 1, 2018, all articles were in effect, except for Item 4, Article 8 and Article 69. These went into effect on August 11, 2017. The target groups of the Act Governing Retirement, Severance, and Bereavement Compensation for the Teaching and Other Staff Members of Public Schools included retired, in-service staff and new staff. This Act adjusted and reduced the retirement pension of in-service and retired staff. Related measures were undertaken by taking beneficiaries’ interests and the anticipated outcomes of public interests into consideration. The gradual measures have been in operation in order to reduce impact and to meet legitimate expectations. The concept of the established retirement system is expected to take care of the economic life of retired teaching and staff members. Furthermore, to work towards the stability of retirement, severance, and bereavement compensation funds, the Act Governing Retirement, Severance, and Bereavement Compensation for the Teaching and Other Staff Members of Public Schools regulated the adjustment and reduction of the retirement pension of retirement, severance, and bereavement compensation reform programs for retired teaching staff members, which could help economize the governments’ expenses, and sufficient financial resources should be conducted into the fund. After the passing of this Act, the Executive Yuan and the Examination Yuan established an evaluation system of our nation’s annuity, and reviewed the related affairs regularly, so as to attain sustainable development of annuity systems in our nation.

最後更新日: 2019/11/19


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