| 英文摘要 |
Since the implementation of the Teacher Remuneration Act in Tai¬wan in December 2015, the salary system for teachers in both public and private elementary and secondary schools has been formally codified by statute. However, the provisions governing salary determination for pri¬vate school teachers transferring to public schools remain subject to eq¬uity concerns in practice. This article focuses on Article 11, Paragraph 2, Subparagraph 1 of the Act, examining three key aspects of salary de¬termination upon transfer: initial salary placement, seniority-based ad¬vancement, and reclassification based on higher academic credentials. Regarding initial salary placement, basing salary on the academic qualification held at the time of first appointment was designed to pre¬vent disadvantages arising from grade equivalency restrictions on senior¬ity recognition. Nevertheless, this approach may produce unfavorable outcomes for teachers who obtain higher degrees after leaving private schools. Regarding seniority-based advancement, the inconsistent salary structures adopted by private schools prior to the Act’s implementation have resulted in many teachers’prior service years failing to meet the grade equivalency threshold required for salary advancement, and the existing year-by-year conversion mechanism does not explicitly cover such cases. Regarding reclassification, applying seniority advancement before reclassification—as suggested by the literal sequence of the statu¬tory text—may render the reclassification benefit meaningless for teach¬ers with extensive prior service who have already reached the maximum salary ceiling. The Ministry of Education has issued administrative inter¬pretations to address each of these issues, yet such measures remain at the level of administrative guidance and lack explicit statutory authority. This article argues that relying on piecemeal administrative inter¬pretations is insufficient to provide teachers with adequate legal certainty, and recommends a comprehensive revision of the Teacher Remuneration Act to enshrine these principles in explicit statutory language, thereby ensuring equitable treatment for private school teachers transferring to public schools. |