The Suggestion for the Scheme of the Ministry of Education Concerning “Regulations for Performance Bonus Payment of Public School Teachers” in Taiwan
This study tried to use “Document Analysis” and aggregate central government’ regulations about teachers’ bonuses and records of review in Legislative Yuan, discussed the legality of the Scheme of “Regulations for Performance Bonus Payment of Public School Teachers” from the viewpoint of administrative law. The types of teacher bonuses are different, some bonuses are related to performance, while others are not directly related to performance. The bonus promulgated in both “Teachers Act” and “Teacher Remuneration Act” is the former, as well as “Senior teachers bonus” and “Year-end Bonuses”, etc., belong to the latter. The intention of bonuses could be for “Comfort” or “Performance”,we wouldn’t be confused. In addition, the object of bonuses could be “individual” or “team”, the position of bonuses couldn’t be generalized. Full-time principals and full-time teachers are different, supply regulation should be clear. In addition, the attempt of “Teachers’ Act” and “Teacher Remuneration Act” should be for performance, but they only use legal word “Bonus”. The Ministry of Education draws up the Scheme and has to only use legal word “Bonus” also. Therefore, the ordinance mentioned above could be controversial in future when tested by “Principle of Legal Certainty”. Lastly, under the premises regarding balance between administrative management and “Principle of Legal Reservation”, seeking the regulative consistence of teachers’ bonuses, this study suggested to amend moderately partial regulations of the Scheme of “Regulations for Performance Bonus Payment of Public School Teachers”.
|關鍵詞||公立學校教師獎金支給辦法、教師待遇條例、獎金、績效獎金、Bonus、 Performance Bonus、Regulations for Performance Bonus Payment of Public School Teachers、Teacher Remuneration Act.|