Chapter 5 Rights and Obligations
A teacher who accepts appointment to a position enjoys the following rights, in accordance with the related ordinances and the provisions of the rules and regulations of the educational institution:
1. To put forward suggestions for new approaches or changes to the educational institution’s teaching and administration.
2. To enjoy rights to and protection of remuneration, benefits, retirement, bereavement compensation, severance with pay, and insurance.
3. To participate in in-service further training, research, and academic exchange activities.
4. To join teacher organizations, and participate in other activities held in accordance with ordinances and regulations.
5. A teacher who considers that some measure taken by the competent authority or the educational institution that the teacher has personally been subject to is illegal or inappropriate, and that it constitutes a violation of their rights and interests, may lodge an appeal in accordance with the law.
6. To enjoy professional autonomy in their teaching and student counseling in accordance with ordinances and the educational institution’s rules and regulations.
7. Unless ordinances stipulate otherwise, a teacher may refuse to engage in work tasks or activities assigned by the competent authority or by the educational institution that are outside the scope of teaching and learning related work or activities .
8. When a teacher becomes involved in a lawsuit as a result of performing their duties in accordance with the law, the educational institution where they teach shall assist them to engage a lawyer to defend them and provide legal assistance.
9. All other rights they are entitled to enjoy in accordance with this Act or other laws.
The regulations governing the assistance for any teacher who becomes involved in a work-related lawsuit referred to in Subparagraph 8 of the preceding paragraph shall be prescribed by the central competent authority; any teacher who becomes involved in a lawsuit as a result of some intentional act or gross negligence shall not be provided with assistance; if the educational institution where they worked has already assisted the person with expenses for a lawsuit, it shall issue the person an order in writing to reimburse the educational institution within a period specified.
In addition to complying with ordinances and fulfilling their appointment contract obligations, teachers have the following duties:
1. To comply with the terms of their appointment contract and uphold the reputation of the educational institution.
2. To actively protect students’ rights to education.
3. To implement adaptive teaching and learning activities, in accordance with the related ordinances and the teaching program put in place by the educational institution.
4. To advise and discipline students, to guide their appropriate growth and nurture their development of a sound personality.
5. To engage in teaching-related research and further studies.
6. To strictly fulfill the responsibilities that go with their position, always act on the basis of conscience, and promote the honor and dignity of teaching, and professionalism.
7. To participate in the academic and administrative work, and social education activities of the educational institution, in accordance with the related ordinances.
8. To not disclose any student’s personal or family information, unless required to do so in accordance with law.
9. To serve as a class teacher or academic advisor.
10. To fulfill other duties, which must be fully complied with in accordance with the provisions of this Act and other laws.
Regulations governing the matters referred to in Subparagraph 4 and Subparagraph 9 of the preceding paragraph shall be discussed and agreed on by the governing council of each educational institution.
Teachers holding an appointment at an educational institution at any level shall proactively and vigorously engage in further studies and research related to knowledge and skills pertinent to their teaching.
Teachers engaging in in-service further training may take paid leave, or leave without pay with their position guaranteed; the expenses for teachers’ further training and research may be provided for by the educational institution or the competent authority for the educational institution through budget allocations.
To raise the quality of education and encourage teachers at educational institutions at all levels to engage in further studies and research, the central competent authority shall plan professional development systems providing teachers with a multifaceted range of further studies and research; the regulations governing matters related to their mode and incentives shall be prescribed by the central competent authority.
Each competent authority of schools at senior secondary or lower level shall establish a teachers’ consulting and guidance support system to assist teachers provide consulting and guidance; the associated regulations shall be prescribed by the competent authority concerned.
If a teacher acts in violation of the provisions of any of the subparagraphs of Paragraph 1 of Article 32, the educational institution that appointed the teacher shall refer the matter to its teacher evaluation committee to discuss and appraise and then the educational institution in accordance with the provisions of related ordinances.
Teachers may request personal leave in accordance with the regulations, for marriage, funerals, illness, childbirth, and other legitimate reasons. Official leave shall be given to teachers who have a statutory duty to testify regarding a sexual assault, or sexual harassment and bullying case.
The regulations governing the categories of leave, the number of days of leave, procedures for requesting leave, handling of the determination of rights and responsibilities and of breaches of regulations, and other matters relating to the leave that teachers may request referred to in the preceding paragraph shall be prescribed by the central competent authority.
Teachers’ remuneration shall be prescribed in separate legislation.
When a teacher transfers between a public educational institution and a private educational institution, that teacher’s years of service for which no retirement payment, bereavement compensation, resignation payment, or severance pay has yet been approved and paid shall be counted in aggregate.
Teachers’ retirement, bereavement compensation, resignation, severance with pay, and insurance is governed by separate legislation.