國家教育研究院

　　進用兼任教師、代課教師、代理教師等編制外教師，於中小學學校行政實務上確有其必要性。然而，近年來為因應少子化趨勢，學校及其主管機關乃採取遇缺不補等教師總量管制措施，致使編制內職缺轉化為編制外課務；加之以因應國中小教師恢復課稅採取「降低授課節數」之配套措施，均不免增加編制外教師的聘任需求。而在肩負國家育才任務的學校中，教師不啻為最具關鍵地位之角色；而建置合理的勞動條件以保障其應有權益，不僅能吸引優秀人才投入教職，亦可促進學校正常運作並提升教學品質。惟就現況而言，以個別學校為進用單位的中小學編制外教師，其雖適用勞動三法且於社會保險面向亦屬差強人意，然長期處於不適用《教師法》、亦無法適用勞基法的法制現狀下，不但使其以聘約（勞動契約）為核心之勞動權益無法獲得合理保障，對於教育長遠發展與學生之受教育權，亦勢將發生不良影響。據此，本研究除就現行教育及勞動領域相關法令進行分析，使藉此確認中小學編制外教師所適用之法令規範及其合理聘約權益外，並針對目前相關聘任制度提出檢討與建議，以試圖謀求教育行政機關、學校教學現場、編制外教師與學生等多方關係人之利益衡平。

　　It is inevitable to employ part-time, probation, and substitute teachers for the convenience of the administrative practice in the elementary and middle schools. However, in response to low birth rate, schools and their competent authority-in-charge have the measures of total amount control of teachers. As a result, some permanent positions were turned into temporary ones. Another factor for the need of adjunct faculty came from the policy of reducing course loads after elementary and junior high school teachers were required to file their taxes. As teachers play a crucial role in educating the young generation, it is necessary to establish reasonable working conditions to protect their rights, which may also help attract excellent intellectuals and promote the regular operations of schools and quality of teaching. However, as far as the current situation is concerned, Labor Union Act, Collective Agreement Act, Act for Settlement of Labor-Management Disputes apply to adjunct faculty hired by each school, and social security is acceptable. Yet, when Teacher’s Act and Labor Standards Act do not apply to them in the long term, their labor rights cannot be protected appropriately, which in turns, may have a negative impact on both the long-term development of education and students’ education rights. Therefore, this study will conduct a legal analysis of current laws in education and labor to confirm the legal regulations and reasonable employment contracts that apply to adjunct faculty in the elementary and middle schools. It will also provide related suggestions for current hiring systems to balance the rights of education administrative institutes, schools, adjunct faculty and students.