私立學校教師離職證明書的適法性爭議及相關問題探討

A Study of Legal Disputes Involving the Employment Separation Certificate of Private School Teachers and Related Issues

This study was conducted to investigate the effects of employment separation certificate on the transfer of private school teachers to public schools, and the rationality of such certificate. In practice, when a private school teacher applies to teach at a public school after accepting the private school’s employment contract for the next semester, the private school usually refuses to issue an employment separation certificate, citing a breach of contract. The new school requires the teacher to submit an employment separation certificate when reporting for duty or sign a declaration when applying for the position. The declaration states that the teacher is willing to relinquish the position if he or she fails to submit an employment separation certificate when reporting for duty. This situation has led to countless disputes, particularly when the market for academic jobs in public schools is extremely competitive. First, we defined the status of teachers in the labor market and the nature of contract between teachers and private schools based on the legal relationship between teachers and private schools. Second, we investigated whether teachers are subject to Article 19 of the Labor Standards Act, and subsequently discussed the contents, quality of employment separation certificates. Finally, if teachers and schools cannot reach an agreement with regards to employment separation certificate, how do they remedy the situation through litigation? How does it affect students’learning rights?We adopted theories and practical interpretations to address this question, and attempted to propose possible solutions, changes, and recommendations to provide a reference for similar cases in the future.