大學限年升等條款運作情形之探討：以教育學門為例

Academic Promotion within a Time Limit in Taiwan Universities: A Case of the Education Field

自2006年起，國內諸多大學以提升新進教師專業能力及大學競爭力為訴求，乃於校內章則或聘約訂定「所屬教師應於一定年限內完成升等，否則不予續聘」之「限年升等條款」。迄今，法院針對相關爭訟雖已累積不少判決，惟均僅確認應就違反聘約之情節是否重大進行審酌，而未判定「限年升等條款」係屬違法；換言之，此等條款之運作與爭議，仍有持續發生之可能。據此，本文基於直接利害關係人之觀點，乃針對大學教師進行意見調查，以探討渠等對於限年升等條款相關概念及其運作之認知情形。調查結果發現，大學教師除不認同限年升等條款對於學校發展具有正向影響外，並普遍認為其對新進教師存在負向作用。

Since 2006, many universities in Taiwan have stipulated in the academic rules or contracts with faculty that “faculty members should complete academic promotion within a time limit, or they would face suspension or refusal of reengagement” based on the need of promoting new faculty’s professional abilities and the competitiveness of universities. Although the Supreme Administrative Court has made several related verdicts so far, the verdicts only indicated the necessity to consider carefully whether the case is against the contract. They did not clarify whether it is legal to set up a time limit for academic promotion. In other words, the controversies may continue. Accordingly, based on the perspectives of the stakeholders, a faculty survey was conducted to explore their understanding of completing academic promotion within a time limit and how the policy has been carried out. The survey results showed that faculty did not agree that the policy has positive effects on the development of universities. On the contrary, it was commonly believed that setting the time limit impacted new faculty negatively.