關於國教署中小學教師兼任組長職務加給調整方案之評析

本文主要採用文獻分析法，彙整與中小學教師職務加給有關的法規範，從待遇理論、行政法學的觀點，探討行政院核定〈公立各級學校校長及教師兼任主管人員主管職務加給表〉關於「中小學教師兼任組長主管職務加給列分三等」之妥適性。教師職務加給授予之對象有三，一兼任主管者；二擔任導師；三擔任特殊教育者。前二項加給係「屬職薪」，與教師的學（經）歷無涉；至於末者雖亦為屬職薪，仍因教師專業背景不同而異其給予。中小學兼任組長加給隸屬「對待給付」、「屬職薪」，但現行規範卻誤引「年資」以設計，不僅違反「同工同酬」原則，亦悖其理論基礎。小學兼任主任加給僅列一等，兼任組長加給因年資分列三等的規範關係，允與「平等原則」有違。此外，為維中小學兼任行政人力結構穩定，本文提出「年資加成」方案，期收鼓勵久任之應效。最後，在衡平待遇理論與法治要求、尋求中小學主管職務和協的前提下，本文建議廢除國民中小學專任教師「兼代」處、室主任規定；兼任組長加給應以「固定薪」呈現。倘為彰顯「不同工、不同酬」原則，應以學校規模論斷，絕非遷就「屬人」因素。

關鍵字

主管職務加給；兼任組長教師；屬職薪；屬人薪

並列摘要

This study tried to use ＂Document Analysis＂ and aggregate the regulations concerning teachers' supervisory occupational allowances, discussed the appropriateness of ＂The Table for Payment of Occupational Allowances, for Principals and Public School Teachers who Concurrently Serve in Supervisory Positions＂, approved by Executive Yuan, from the viewpoints of compensation theory and administrative law. There are three types of teachers given with occupational allowances, such as administrative teachers, homeroom-teachers and those served as a special educator. The former two allowances belong to ＂Job-Based Pay＂, which are not related to teacher's professional background and experience. Although the last one allowance belongs to ＂Job-Based Pay＂, which is given by means of depending on teacher's professional background. Supervisory occupational allowance of teachers who concurrently serve as administrative section chiefs belongs to ＂Treat-Pay＂ and ＂Job-Based Pay＂. But current regulations decided and cited ＂Service Year＂, which not only violated to the principle of ＂Equal Pay for Equal Work＂, but also were contrary to its theoretical basis. The allowances relationship between directors and section chiefs could violate ＂Equality Principle＂. In addition, in order to maintain the stability of the administrative structure in the primary and secondary schools, this paper proposed ＂Seniority Addition System＂ program to encourage the long term. Lastly, under the premises regarding the balance between treatment theory and the rule of law, seeking the regulative consistence of teachers’ supervisory occupation, this study suggested to abolish ＂Director-Agency System＂, supervisory occupational allowances of section chiefs should be fixed. For highlighting principle of ＂Different Pay for Different Work＂, compensation system mentioned above could be based on class size of schools and not the individual factor.