英文摘要 |
This study tried to use “Document Analysis” and aggregate the reg-ulations concerning public elementary and high school educators’ aca-demic research allowances, discussed the appropriateness of “the Aca-demic Research Allowances Scale for Public Elementary and High School Educators” in Taiwan, approved by Executive Yuan, from the viewpoints of types of payment, compensation management, principle of legal cer-tainty and principle of explicit authorization. Disregarding regional al-lowance and non-recurring salary for now, the remuneration of teach-ers was divided into basic salary (plus any seniority salary), the academic research allowances, and occupational allowances. The first two items belonged to “Paying for Person/ Person-Based Pay”, which were related to teachers' own learning (experience) and educational expertise. The latter item belonged to “Paying for Position/ Job-Based Pay”. This salary could be received by all persons who holded positions, performed duties, and completed affairs. Since the Teacher Remuneration Act had clearly stipulated, the provisions applicable to public school teachers should ap-ply mutatis mutandis to public school principals, the academic research allowances for public elementary and high school teachers and preschool teachers would apply mutatis mutandis to elementary and high school principals and preschool principals with teacher qualifications. Why only elementary and high school teachers' allowance wasn’t applicable mutatis mutandis to elementary and high school principals? In the past, the Min-istry of Education drafted “the Academic Research Allowances Scale for Public Elementary and High School Educators” without the clear distinc-tion between “apply mutatis mutandis” and “application”, based on past practice. This design not only went beyond the language of the Teacher Remuneration Act, but also undermined the concordance of legal order about the system of treatment of educators. Finally, based on the findings, this study made some recommendations for the academic research allow-ance system about educators in public elementary and high schools. |