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Personnel Procedures and Regulations 2010-05-18
Personnel Procedures and Regulations
Terms and Agreements  
 1. The rules and conditions governing hiring, teacher rights and responsibilities, salary, sabbatical leave, retirement, compensation, termination of employment with pay, insurance, membership in teachers' organizations, appeal of grievances, and legal liability of teachers of ROC citizenship are to be in conformance with the Employment Services Act, the Teacher's Code, and related laws and regulations: employment of teachers of foreign nationality in the Bilingual Department is to be in conformance with the guidelines of NEHS concerning employment of teachers in the Bilingual Department and other related laws and regulations.

 2. The teacher will manifest professionalism, abide by applicable laws and regulations, and offer an example of good character to students.

 3. On campus and in classes, the teacher is to maintain a position of neutrality and is not to disseminate propaganda for any political party, religion, or racial group.

 4. The teacher has the responsibility to serve as a homeroom teacher, counselor, or administrator, at the principal's request.

 5. The teacher has the responsibility for discipline and guidance of the student body and for display of high personal behavior standards.

 6. The school administration and all teachers are to abide by the regulations of the school; teachers should also abide by the self-governance agreements of the various teachers' associations.

 7. The work schedule and holidays for teachers must be in accordance with all regulations concerning teachers and staffs of public schools in Taiwan Province.

 8. Besides contractual duties, teachers should participate or assist in the following:

a. Efforts at general school improvement

b. Planning and direction of activities and research related to their subjects

c. Semester school-wide meetings, flag ceremonies, weekly assemblies, national holiday celebrations, school anniversary celebration, Field Day sports events, educational demonstration lessons, in-service workshops, other required meetings, and implementation of decisions taken in official meetings

d. Drafting of various exams, administering of exams, and grading of exam papers

9. Teachers are to give instruction according to the schedule assigned by the school and are not to be tardy, leave early, or be absent. Leave must be applied for in advance, whenever possible, in order for proper arrangements to be made.

10. Teachers are to be principally responsible for the subjects for which they were contracted, but they should accept other subjects, in accordance with their expertise, based upon the actual needs of the school. The principles governing class assignments are to be determined by the school administrators.

11. Teachers should be well-prepared for their classes, know their material and methods thoroughly, and be attentive to management of the classroom, examination of homework, regular testing, and guidance of experiments and work-study projects. The school will respect the professional integrity of teachers and cooperate with their normal requests concerning education.

12. In order to improve instruction and raise the quality of education, teachers are to accept professional monitoring and evaluation by the school principal and other appropriate superiors.

13. During winter and summer vacations, the teacher should engage in further education, research, study, or preparation of teaching materials.

14. During winter and summer vacations, the teacher will have the occasional responsibility to perform service at the school, based on the school's educational and administrative needs.

15. If the teacher has different views concerning "work or activities unrelated to teaching," as outlined in Chapter 16, Section 7, of the Teacher's Code, he/she may appeal to the Teachers' Evaluation Committee and must accept its decision about the disagreement.

16. The teacher must not engage in other classes nor hold other employment positions outside of those outlined by law, and if he/she is to engage in other classes outside of school, he/she must first notify the principal and receive signed permission. Regardless, these classes must not exceed a stipulated weekly time limit, and the teacher must also have completed all necessary leave request procedures.

17. The teacher is not to give supplementary lessons to students for a fee in private, induce students to enroll in supplementary classes outside of school, assess student fees for any reason, or sell students book or other materials.

18. Once a teacher signs the contract, and is unable to fulfill his/her obligation as a teacher for the contract period, a penalty worth one-month salary will be imposed. When a teacher's contract is about to expire and the teacher does not intend to renew it, a teacher of native nationality must notify the school in writing one month prior to the date of expiration. A teacher of foreign nationality must notify the school before December of the final year. If a teacher wishes to terminate his her contract before the date of expiration, he/she must receive the school's permission before leaving his/her post. Otherwise, the school can refuse to provide documentation of service and termination; in the case of a foreign teacher, the school can retain his/her air ticket reimbursement, housing supplement, and other benefits.

19. In case a teacher faces lawsuits or legal disputes in the process of carrying out his/her teaching duties, the school will provide him/her active assistance in resolving the matter(s).

20. If a teacher is found culpable in any one of the following situations, his/her contract shall be terminated, suspended, or discontinued after his/her culpability has been investigated and confirmed by the Teachers' Evaluation Committee and also confirmed by the Ministry of Education, in accordance with the Teacher's Code (Chapter 14.). He/she:

a. Does not fulfill his/her responsibilities or reveals confidential information connected with his/her work that causes the school or nation serious damage.

b. Is lax on the job to the degree that the education of students or the school's operation is seriously affected.

c. Engages in personal misconduct of a serious nature, in violation of the professional dignity of a teacher.

d. Is haphazard in teaching, supervision, counseling, or administration to the extent that the school suffers harm.

e. Does not examine and grade homework, direct experiments or work-study projects, and does not heed warnings to do so.

f. Is absent from the job for over seven consecutive days or over ten total days during one term, without leave.

g. Misses classes for no satisfactory reason and does not make up those classes after three notifications from the school to do so or does not fulfill the requirements of paid holiday regulations and does not make up those classes after three notifications from the school.

h. Is granted leave without pay but does not return to the job on the date agreed upon.

i. Is given two major demerits at one time by education authorities (principal, teacher's department dean, minister of education, provincial director of education, city director of education) or accumulates a net balance of more than two demerits following year-end accounting of the teacher's school punishments and awards.

j. Flagrantly violates applicable laws and regulations.

21. Education authorities (See 20, i, above.) may reward or punish teachers in accordance with applicable laws and regulations.    For teachers who do not merit suspension, discontinuation, or termination but who have been charged with violations of Chapter 14 (Section I, Terms Six and Eight) or Chapter 17 of the Teacher's Code or under Item 20 above of this contract, lesser appropriate punishments may be imposed. (See attached employment regulations.)

22. When a teacher is on leave without pay, he/she must still abide by the special requirements of the position of teacher, as outlined in related laws and regulations.

23. The teacher attests to the validity of all credentials and records, submitted to the school. The validity of this preliminary agreement is contingent upon verification of all teacher credentials and records by the Republic of China's Coordination Council for North American Affairs and by the Ministry of Education. If the credentials and records are determined to be valid, then this preliminary employment commitment will become the teacher's official employment contract. If substantial discrepancies or misrepresentations are discovered, no contract will exist between the teacher and the school, and this preliminary employment commitment will become null and void.

24. Currently, only high school teachers are obligated to pay R.O.C. income tax. However, the issue is now under legislative review, and tax obligation could at a future date be extended to all public school teachers.

25. All detailed teacher rights and obligations are indicated in the foreign teacher’s handbook.

26. For issues not addressed directly by this document, refer to the Teacher's Code and other related laws and regulations. 

27.This agreement shall be governed by and construed in according with the law of the Republic of China. Both parties agree that any dispute arising from this agreement shall be subject to the jurisdiction of Hsinchu district court of the Republic of China.

 
 
 
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