誰是「兼任教師」！？――併論「兼課」之釋義與辨析

Who Are “Part-Time Teachers”!?-- Interpretation and Clarification of “Teaching Extra Courses”

本文主要採用文件分析法，彙整與各級學校兼任教師有關的法規範，從文義解釋、員額編制與待遇的觀點，探討兼任教師的定義及其相應鐘點費支給實務等議題。今日各級學校專任教師於原校超時授課、赴校外以兼課，二者有別，不可混淆；編制內專任教師、編制外兼任教師，兩者復有異，其定位允應明辨。主管教育行政機關訂定法規，遣詞、用字務須審慎與精準，免生歧異與扞格。再者，關於教育現場相同課務屬性、相同對待給付的支給方式，衡諸同工同酬、同值同酬原則，外聘兼任教師之兼課與編制內專任教師超時授課的支給結果應同，不可區別對待。此外，或因特定考量，主事者偶以兼課、兼任兩語詞，不當地取替今日該當的超時授課一詞，實有全面打包修改之必要，以維法秩序之一貫與完整性。

This study tried to use “Documentary Research” and aggregate relevant laws and regulations about part-time teachers at all levels of school in Taiwan, discussed the noun definition and the hourly pay about parttime teachers from the viewpoint of grammatical interpretation, teacher establishment and remuneration. As for full-time teachers at all levels of school today, both “ Teaching Overtime” on campus and “Teaching Extra Courses” outside school are different and should not be confused .Both “ full-time teachers ” within organization system and “ part-time teachers” beyond organization system are also different and their positioning should be clearly identified. The education administration department formulated rules and regulations, and should use relevant terms carefully so as to avoid the ambiguity and conflict accurately. Regarding both same course attributes and same treat payment, the hourly pay giving methods of both “Teaching Overtime” and “Teaching Extra Courses” should be the same, there must be no differences, considering the principles of “equal pay for equal work” and “equal pay for equal value”. Due to specific considerations, competent authorities sometimes use the term “Teaching Extra Courses” instead of the term “Teaching Overtime” inappropriately. A comprehensive “package” of changes is needed to maintain the coherence and integrity of the legal order.