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.