A Discussion of Legal Relationship and Legal Remedies between Private/Public School Teachers and Schools
林文清(Wen-Ching Lin)；羅際芳(Ji-Fang Luo)
行政契約 ； 行政處分 ； 聘約關係 ； 教師法 ； administrative contract ； administrative sanction ； contractual relation ； Teacher's Act
|Volume or Term/Year and Month of Publication||
15期（2012 / 07 / 01）
50 - 71
In recent years, low birth rate has resulted in recruiting difficulties for both private and public schools, which are thus being forced to cut down the number of classes. As a result, schools are forced to change or terminate contracts with teachers (i.e. end the contract, lay off the faculty, or stop to extend contracts). Termination of contracts is an issue involving teachers' right-to-work recognized by the Constitutional Law as well as teachers' rights of legal remedies. However, the existing Teacher's Act remains debatable for scholars and law practitioners concerning relevant issues. What is the legal nature of school teachers' contractual relationship with schools? Is changing or termination of teachers' contracts a type of administrative sanction? Should it be administrative sanction, does it belong to public law or private law? What measure can teachers take for legal remedies? Should legal remedies be necessary, what is the procedure of administrative litigation or civil action? Opinions from scholars and legal practitioner are very confusing on these controversial issues. Therefore this paper attempts to clarify the contractual relationship between school teachers and schools, legal position of changing or terminating teachers' legal contracts, and procedures of legal remedies for teachers. After clarifying these debates, this paper proposes suggestions on amending the existing law as a response to the debate of teachers' legal remedies in an era with low fertility.
社會科學 > 社會科學綜合