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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:48
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Chapter Law Content

Chapter 3 Rights and Obligations of Teaching Personnel and Other Staff
Article 11
The current principal, teachers, and other staff within the staffing complement who before the relevant competent authority commissioned a private sector operator of a school were appointed or employed by the original school in accordance with the related regulations for appointing teaching personnel, and civil servants who on the date that the commission begins, transfer to continue working at the consigned school, shall retain their status as teaching personnel and civil servants. Their employment, service, disciplinary measures, performance appraisal, training, advanced study, salary, insurance, guarantees, right to form an association, retirement, severance payment, bereavement compensation, welfare benefits, and other rights shall be handled applying the related regulations for teaching personnel and civil servants that respectively applied to such personnel before the transfer date.
The management of the human resources personnel and accounting personnel included in the personnel referred to in the preceding paragraph who continue working at the consigned school shall be handled in the same way as other civil servants are managed.
The promotion and civil service assessments of the civil servants referred to in the preceding two paragraphs who continue working at the consigned school may be handled in accordance with the provisions of the organic laws and regulations that applied before the date that the commission begins.
The provisions of Articles 15 to 18 shall apply to the personnel referred to in Paragraphs 1 and 2 who retire or leave employment with severance pay and are subsequently employed by the commissioned party, and any monthly pension payments and favorable savings plan shall be suspended
Article 12
The relevant competent authority shall first consider what the principal, teachers, and other staff referred to in Paragraph 1 of the preceding article who are not willing to transfer to the consigned school are willing to do instead and then offer them work placements on a case by case basis or shall arrange their retirement or departure with severance pay on the date that the commission, in accordance with the regulations that apply.
Article 13
If teaching personnel who before the relevant competent authority commissions a private sector operator of a school were employed by the original school in accordance with the provisions of the Act of Governing the Appointment of Educators or were employed on a part time basis outside the staffing complement transfer to continue their employment at the consigned school on the date that the commission begins, the formerly used provisions of the Act of Governing the Appointment of Educators shall continue to be applied until the expiration of their employment contract.
Article 14
The commissioned party shall recognize and continue the working conditions and already accumulated service period of each worker for whom the original school applied the provisions of the Labor Standard Act apply who transfers to the commissioned party on the date that the commission begins. If any such worker is not willing to transfer to the commissioned party, in accordance with the law the original school shall give them advance notice of the termination of their labor contract and pay severance pay or retirement payment in accordance with the provisions of the legislation that applies.
The service staff currently engaged by the original school(including technicians and drivers; referred to below as “service staff at the original school”)in accordance with the current Directions Governing Management of Coworkers(formerly the Regulations Governing General Affairs)on the date that the commission begins may retain their position in accordance with the original regulations or they may transfer to the commissioned party. When service workers transfer to the commissioned party retire or leave with severance pay, the handling of their retirement or departure with severance pay that was governed by the ordinances that applied on the date that the commission begins shall change to being handled in accordance with the personnel management regulations of the consigned school.
The relevant competent authority shall arrange work placements on a case by case basis for the service staff at the original school referred to in the preceding paragraph who are not willing to transfer to the commissioned party, and the organization(agency)where they are placed shall recognize and continue their already accumulated service period.
Article 15
The commissioned party may appoint a person with expertise in a particular field to be the principal, based on school development and provision of education related requirements, and it may give preference to appointing a person who has the qualifications to be a school principal stipulated in the Act of Governing the Appointment of Educators. The provisions of Paragraph 2 of Article 16 shall apply regarding the rights and obligations of the principal.
If a principal referred to in the preceding paragraph does not have the qualifications stipulated in the Act of Governing the Appointment of Educators, if the person has a teacher certificate their rights and obligations shall be handled in accordance with the provisions of Paragraph 3 of Article 16; if the person does not have a teacher certificate, their rights and obligations shall be handled in accordance with the provisions of Paragraph 5 of Article 16.
Article 16
The commissioned party may engage persons with expertise in specific subjects or disciplines to work as teaching personnel, based on school development and provision of education related requirements and may give preference to appointing persons with a teacher certificate.
The rights and obligations of any full-time teachers who hold a teacher certificate within the staffing complement to whom Paragraph 1 of Article 11 does not apply shall be handled applying the ordinances governing the rights and obligations of teachers within the staffing complement of a public school. However, if overtime payments, bonuses, and welfare matters are dealt with in any separate agreement made between the relevant competent authority and the commissioned party, and between the consigned school and the teachers, if the provisions of the personnel management regulations of the consigned school provide more benefits, then those provisions shall apply
The following provisions shall apply to any full-time teachers who have a teacher certificate who are employed outside the school’s staffing complement:
1.Retirement, bereavement compensation, leaving employment with severance pay, and insurance matters shall be handled in accordance with the provisions of the personnel management regulations of the consigned school, and the ordinances pertaining to public school teachers do not apply.
2.The ordinances governing teachers within the staffing complement of public schools shall apply to the rights and obligations of persons not referred to in the preceding paragraph. However, if overtime payments, bonuses, and welfare matters are dealt with in any separate agreement made between the relevant competent authority and the commissioned party, or between the commissioned party and the teachers, if the provisions of the consigned school’s personnel management regulations provide more benefits, then those provisions shall apply.
When the consigned school handles payments of its teachers retirement, bereavement compensation, severance pay, and insurance in accordance with the ordinances that apply, calculation of the work seniority accumulated by the teachers before the promulgation of this Act shall be handled in accordance with the provisions of the ordinances that apply.
The remuneration and welfare matters of teaching personnel who do not hold a teacher certificate shall be handled in accordance with the terms of an agreement made between the commissioned party and each teaching personnel member and the personnel management regulations of the consigned school, and the provisions of the ordinances pertaining to public school teachers do not apply to their retirement, bereavement compensation, leaving employment with severance pay, and insurance matters. Their work seniority accumulated teaching at one or more public schools after they have obtained a teacher certificate, in an equivalent position and with a good service record may be included in the annual determination of their salary scale without exceeding the highest seniority-salary class for the position currently held.
A teacher currently employed at another public school who has obtained permission from the school where they have a position and from the relevant competent authority may be seconded to a consigned school and take up the post of principal or a teaching position within its staffing complement, for a total period that is not permitted to exceed three years. The consigned school is responsible for their remuneration and welfare payments. When the secondment period comes to an end, the person shall return to the school where they were formerly working which shall hold a position for them to return to.
The consigned school shall make the teacher’s monthly contribution to the Retirement and Compensation Fund during the secondment period referred to in the preceding paragraph in accordance with the provisions of the Statute Governing the Retirement of School Faculty and Staff.
Article 17
When appointing a foreigner to teach an academic subject or foreign language, or engage in teacher education, curriculum development, or activity promotion work who is required to have a work permit, the commissioned party may submit related documents and apply to the central competent authority for a permit; teachers who are qualified to teach foreign language(s)are not subject to the provisions of Paragraph 2 of Article 46, and Paragraph 1 and Paragraph 2 of Article 48 of the Employment Service Act.
The regulations governing the teaching qualifications, number of teachers, weekly work hours, review criteria, applying for a permit, permit cancellation, employment management, and other associated matters pertaining to the foreigners referred to in the preceding paragraph shall be prescribed by the central competent authority.
The management of any other employment of a foreigner who is employed by a commissioning party in accordance with the provisions of Paragraph 1 shall be handled in accordance with the provisions of Subparagraphs 1 to 6 of Paragraph 1 of Article 46 of the Employment Service Act if the foreigner engages in work stipulated there; their visits, residence, and permanent residence shall be handled in accordance with the provisions of the Immigration Act.
Article 18
New non-teaching staff employed by a consigned school after the date that the commission begins shall be handled in accordance with the terms of the contract between the commissioned party and such staff and the consigned school’s personnel management regulations, and the regulations governing civil servants do not apply.
Article 19
The commissioned party shall draw up the major operation directions for the administrative organization, personnel allocation, and personnel management regulations of the consigned school, based on the size of the consigned school, and submit these to the relevant competent authority for review and approval.
The number of teachers in the staffing complement of a consigned school is not permitted to be less than the number stipulated in the related regulations for public schools.
If the funding referred to in Paragraph 1 of Article 4 provided by the relevant competent authority to cover personnel costs is not sufficient to cover the consigned school’s necessary personnel expenses, the consigned school shall raise the further personnel funding and it is not permitted to divert funds allocated for other purposes.
All of the consigned school’s revenue of all forms shall be used to pay the costs of educational activities and budget item expenditures, and it is not permitted to use any for profit or for any other expenditure for conduct with a non-educational purpose.
Article 20
The spouse or any third degree or closer blood relative or relative by marriage of a commissioned party or of their representative, person in charge, or board member or of the principal is not permitted to hold position or engage in related work in the general affairs, accounting, or personnel section of the consigned school. Any such person who already had a non-teaching position in the general affairs, accounting, or personnel section before the administrative contract was entered into or before the principal took up their post shall be re-assigned to other non-teaching positions or work.
If any personnel member is employed in violation of the provisions of the preceding paragraph, the relevant competent authority shall order the commissioned party or the principal to remove that person from their position immediately; if the commissioned party or the principal does not do so immediately, the relevant competent authority may take direct action to remove that person from their position.
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