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|Other Titles:||Research on Cases and Legal Issues Involved in College and University Teachers’ Serious Violation of Employment Contracts|
Department of Education,National Taiwan Normal University
A growing number of judicial cases have revealed that the violation of employment contracts by teachers could lead to dismissal or nonrenewal of contracts, which could result from unapproved side jobs, unsuccessful faculty promotion, failed faculty evaluation, or the inability to obtain a doctoral degree within the deadline. Although in Chapter III of the Teachers’ Act, Article 14-1 stipulates that teachers seriously violating employment contracts could be suspended, dismissed, or non-renewed, it still remains debatable whether the abovementioned are to be regarded as “serious violation”. To look into this issue, this paper first summarizes the adjudication of serious employment contract violation, and then explains the major actions constituting serious employment contract violation theoretically and practically. Further, the issue regarding whether the educational administrative authorities in validating the condition of “serious violation of employment contract” should be exercised by high-density super vision or by law-density screening is also reviewed. Based on the discussion, this paper then examines the value of judicial adjudication on university autonomy and protection of teachers’ right to work and finally proposes recommendations.
|Appears in Collections:||教育研究集刊|
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