法規內容
下載法規原始檔 |
國立成功大學教師聘約 National Cheng Kung University Teacher Employment Contract |
87年12月23日第137次行政會議通過 |
一、本校教師聘任辦法及有關法令規定,教師初聘為一年、續聘第一次為一年、以後續聘每次均為二年(屆齡退休奉准延長服務之教師,其聘期依其延長期限而定)。但外籍教師聘僱期滿如有繼續聘僱之需要者,應依「就業服務法」規定,辦理申請展延。教師續聘時,當於本聘約期滿前一個月另送聘書。 本校教師之聘任、懲處、解聘、停聘、不續聘等事項,須經三級教師評審委員會審議通過。學院得依其需求及特性訂定相關辦法聘任教師,所聘任教師上開事項之審議,免提送系(所)教師評審委員會審查。 八十五年八月一日起,新聘教授及副教授於初續聘滿四年之半年前,應經三級教師評審委員會審議是否續聘,若不通過則自第五年起不予續聘,惟於初續聘期間經審議通過延長服務者,視為同意續聘;或新聘副教授已完成教授升等者,得視為同意續聘;新聘助理教授於到職六年內未能升等者,自第七年起不予續聘。但因懷孕生產、養育三足歲以下子女或其他特殊情況等情事,經教師評審委員會同意者,自第七年起得續聘二年,如二年內仍未能升等者,則不予續聘。 前項但書續聘期間如仍有懷孕生產、養育三足歲以下子女,且足以影響其學術表現者,得於續聘期限屆滿之半年前,經教師評審委員會同意延長續聘二年。 新聘講師原則比照新聘助理教授情形辦理。 二、本校教師如有教師法應予解聘、停聘或不續聘情事者,悉依教師法相關規定辦理。 本校教師如有下列各款情形之一,依大學法、教師法或相關法令,予以解聘、停聘或不續聘: (一)本校教師聘任辦法第五條規定者。 (二)本校教師評量要點第六點規定者。 (三)違反學術倫理,情節重大者。 (四)其他違反聘約,情節重大者。 三、教師聘任後,如假借其職務上行使公權力或使用公部門經費之機會,違反法令之規定,經有關機關查證屬實並遭起訴者,應由三級教師評審委員會依本辦法第七條規定及其違反情節輕重審議,得停聘兩學期以上五學期以下。 四、在不違背學術自由前提下,教師有下列各款情事之一者,三級教師評審委員會得依其違反情節之輕重,處或併處一定期間之停權措施: (一)教學不力、不能勝任工作、違反學術倫理或違反聘約,有具體事實,未達解聘、停聘、不續聘者。 (二)本校教師聘任辦法第七條之一規定之情事,未被起訴者。 (三)執行教師職務或教學研究服務相關行為違反法令規定,未達解聘、停聘、不續聘者。 (四)行為有損校譽者。 前項停權措施如下: (一)不得擔任各級行政、學術主管職務。 (二)不得擔任教評會及其他指定委員會之委員。 (三)不得辦理借調。 (四)不得申請及執行出國講學、國內外研究、進修計畫。 (五)不得休假研究。 (六)不得申請研究計畫。 (七)不得執行研究計畫。 (八)不得辦理晉級加俸。 (九)不得於校外兼職、兼課。 (十)不得指導新研究生或其他指定年級研究生。 (十一)不得核給學術、研究獎勵。 (十二)不得推薦參加校外活動。 (十三)不得升等。 (十四)其他。 五、本校教師均應依本校教師評量要點規定接受評量,評量不通過者,於次一年起不予晉薪且不得申請休假研究、借調、在外兼職兼課。未通過評量之教師應於二年內進行再評量。再評量通過者,自次年起恢復晉薪,得申請休假研究、借調、在外兼職兼課;未於二年內進行再評量或再評量仍不通過者,則不予續聘。 六、本校教師每學年以開授14小時之科目為原則,每週授課時數應依本校教師授課鐘點原則及超授鐘點費、論文指導費計支要點規定,授足應授時數。 七、本校教師於授課外,對於學生心理、品德、生活、言行,均有擔負輔導之責任,並有擔任導師之義務。 八、本校教師在校外兼課、兼職應依本校教師校外兼課兼職補充規定辦理,並事先以書面報經學校核准。 教師違反規定至營利事業機構或團體兼職者,應繳交違規期間所支領之兼職費,納入校務基金運用。 九、本校教師與未成年學生,在與性或性別有關之人際互動上,不得發展以性行為或情感為基礎等有違專業倫理之關係。 本校教師於執行教學、指導、訓練、評鑑、管理、輔導學生或提供學生工作機會而有地位、知識、年齡、體力、身分、族群、或資源之不對等權勢關係時,與成年學生在與性或性別有關之人際互動上,不得發展以性行為或情感為基礎等有違專業倫理之關係。 本校教師發現其與學生之關係有違反前二項專業倫理之虞,應主動迴避及陳報學校或學校主管機關處理。 本校教師應尊重他人與自己之性或身體之自主,避免不受歡迎之追求行為,並不得以強制或暴力手段處理與性或性別有關之衝突。 除上開規定外,本校教師應遵守性別平等教育法及性別平等工作法等相關法令規定。 十、本校教師應遵守校園霸凌防制準則規定,加強與培養校園霸凌防制意識。 十一、本校教師對外承接補助(委託)計畫,應依本校行政程序辦理,由學校具名簽訂合約,不得有未透過學校行政作業而逕與各機關訂約,接受委託研究情事。 本校教師依規定兼任校外職務,除經本校許可外,不得以兼職單位名義承接補助(委託)計畫,違反者依本校教師聘任辦法之規定辦理。 本校教師承接補助(委託)計畫,除應遵守補助(委託)單位之規範事項外,應依會計相關法規辦理各項經費使用事宜。 十二、本校同仁利用本校資源完成具專利價值或以非專利形式保護之研究發展成果,其權利及義務依本校研究發展成果管理辦法辦理。 十三、本校教師聘任、借調、研究、講學、進修及休假研究等除法令另有規定外,均依本校教師聘任辦法、本校教師借調處理要點、本校教師出國講學及國內外研究進修申請作業要點及教授、副教授休假研究辦法及其他相關法令規定辦理。 十四、教師如涉有著作抄襲情事,依本校教師著作抄襲處理要點辦理。 十五、教師擬於聘約期滿後,不再應聘時,應於聘約期滿一個月前以書面通知學校。如欲於聘約存續期間內辭職者,應經學校同意後,始得離職,其薪給自實際離職之日停支。 十六、合聘教師之權利義務依本校校內單位間教師合聘辦法辦理。 十七、本聘約未盡事宜依其他相關法令規定辦理。 十八、本聘約經校務會議通過後實施,修訂時亦同。
1. The National Cheng Kung University (hereinafter “the University”) Regulations Governing Teacher Recruitment as well as relevant regulations stipulate the following terms of employment. Initial employment shall be for 1 year. For renewed employment, the first term shall be 1 year, but later renewal terms shall be 2 years. (the employment term for teachers who extend their service beyond retirement age is determined by their extension period). If a foreign teacher is to extend his/her employment upon expiration of the employment period, he/she shall follow the Employment Service Act to apply for the extension. The certificate of appointment for renewed employment of a teacher shall be additionally submitted at least 1 month prior to the expiration of the National Cheng Kung University Teacher Employment Contract (hereinafter “the contract”). The appointment of teachers and the punishment, dismissal, suspension, and nonrenewal of appointment must be reviewed and approved by the Third-Level Faculty Evaluation Committee. Each college shall form relevant regulations to appoint teachers according to its requirements and characteristics. The review of the abovementioned matters related to appointed teachers shall be exempt from the submission to Department/College Faculty Evaluation Committees for review. Starting from August 1, 1996, newly recruited professors and associate professors shall undergo evaluation by the Third-Level Faculty Evaluation Committee to determine whether their employment contract will be renewed 6 months prior to reaching the 4th year of their initial/renewed employment period. Teachers who do not pass the accreditation will not be reappointed starting from the 5th year. However, teachers whose extension of services is reviewed and approved during their initial employment period shall be granted renewal approval. In addition, newly recruited associate professors who have completed the procedure to be promoted to the rank of professors shall be granted renewal approval.Newly recruited assistant professors who are unable to receive a promotion within 6 years of their employment will not be reappointed starting from the 7th year. For pregnancy, childbirth, raising children aged under 3 years, and other special circumstances, assistant professors may be granted a renewal term of 2 years starting from the 7th year after obtaining approval from the Faculty Evaluation Committee; those who are still not promoted within these 2 years shall no longer be reappointed. Assistant professors who are still affected by any of the abovementioned special circumstances during their renewal term of 2 years, and this is likely to affect their academic performance, may extend their renewal term for an additional 2 years upon approval by the Faculty Evaluation Committee 6 months prior to the end of the renewal term. The employment procedure for newly recruited lecturers is generally the same as that for newly recruited assistant professors. 2. If a teacher at the University shall be dismissed, suspended, or nonrenewed according to Teachers’ Act, relevant processes are dealt with according to Teachers’ Act. If a teacher at the University had any of the following conditions, the teacher will be dismissed, suspended, or nonrenewed according to University Act, Teachers’ Act, or other related laws and regulations. (1) Conditions depicted in Article 5 of the regulations (2) Conditions depicted in Article 6 of the National Cheng Kung University Directions for Faculty Evaluation (3) Severe breach of academic ethics (4) Other conditions causing severe breach of the appointment contract 3. Teachers who take advantage of their public authority or opportunity afforded by their position to access public sector funds to intentionally commit an offense shall be investigated by relevant authorities. After the offense has been confirmed and the teacher has been accused, he or she may be suspended from teaching for a minimum of 2 semesters and a maximum of 5 as determined by the Third-Level Faculty Evaluation Committee according to Article 7 of the NCKU Regulations Governing Teacher Recruitment. 4. With guaranteed academic freedom, teachers who meet one of the following conditions shall be suspended for a certain period alone or in combination with other penalties. The punishment is determined by the Third-Level Faculty Evaluation Committee according to the violation’s severity level. (1) Teachers who are ineffective in or incompetent for teaching tasks, violate academic ethics, or breach the appointment contract with concrete facts, but have yet to reach a level of violation severity that requires dismissal, suspension, or refusal of reappointment. (2) Teachers who meet any condition in Article 7-1 of the National Cheng Kung University Regulations Governing Teacher Recruitment, but have not been accused. (3) Teachers who violate the law when serving their role in teaching, research, and other relevant services, but have yet to reach a violation severity that requires dismissal, suspension, or refusal of reappointment. (4) Teachers whose behaviors ruin the University’s reputation. Suspension measures are as follows. Teachers will: (1) be denied academic or administrative directorship in units of all levels, (2) be denied appointment as a member of the Faculty Evaluation Committee and other committees that require designated members, (3) be denied application for a secondment position, (4) be denied applications for and practice of lecturing abroad, researching domestically or abroad, or in-service training, (5) be denied research leave, (6) be denied applications for a research project, (7) be denied implementation of a research project, (8) be denied applications for promotion and increases in salary, (9) be denied any part-time teaching or work off campus, (10) be denied supervision of new graduate students or students in a certain year of graduate study, (11) be denied academic rewards or research grants, (12) be denied recommendations for participating in off-campus activities, (13) be denied a promotion, (14) others. 5. The teacher shall be assessed in accordance with the National Cheng Kung University Directions for Faculty Evaluation. Teachers who do not pass this assessment will neither be granted annual increments nor allowed research leave, secondment arrangements, and part-time teaching or work off campus. Furthermore, teachers who fail the assessment shall be re-evaluated within 2 years. After passing this re-evaluation, they may resume their annual increments and aforementioned benefits starting from the year following the re-evaluation. Teachers who are not re-evaluated or fail the re-evaluation within 2 years shall no longer be reappointed. 6. As a principle, teachers of the University should offer a course load of 14 credit hours per academic year. Based on the National Cheng Kung University Principles for Teaching Load Assignments and Directions for Payments for Overloaded Teaching and Serving as Dissertation Advisors, teachers shall meet the minimum requirement for teaching hours per week. 7. In addition to academic learning, teachers should provide assistance and counseling to students regarding their psychological well-being, morality, life, speech, and behaviors. Teachers are also obliged to assume the role of homeroom teacher. 8. Full-time teachers of the University should conform to the National Cheng Kung University Supplementary Regulations for Faculty Members Lecturing or Holding Concurrent Positions at Other Institutions and should submit a written application to the school for approval before engaging in off-campus activities. National Cheng Kung University Supplementary Regulations for Faculty Members Lecturing or Holding Concurrent Positions at Other Institutions. 9. Faculty members of NCKU are prohibited from engaging in sex- or gender-based interpersonal interactions with underage students, as such interactions are in violation of professional ethics. When faculty members have unequal relationships with students because of their differences in authority, knowledge, age, physical strength, status, ethnicity, or resources, they are prohibited from engaging in sex- or gender-based interpersonal interactions with adult students while teaching, supervision, training, evaluation, management, counseling, or providing job opportunities, as such interactions violate professional ethical standards. If a faculty member identifies a potential violation of the professional ethical standards mentioned in the preceding two paragraphs in their relationship with a student, they must proactively avoid such situations and report them to NCKU or its administrative authorities for resolution. In addition to the aforementioned provisions, faculty members of NCKU shall comply with the Gender Equity Education Act and the Gender Equality in Employment Act, as well as other relevant regulations. 10. Faculty members of NCKU shall adhere to the Campus Anti-Bullying Standards while enhancing and fostering awareness of campus bullying prevention. 11. The University’s teachers undertaking subsidized/commissioned research projects must follow the administrative procedures of the University. For any such projects, a contract shall be entered into and signed by the University. Teachers may neither sign a contract nor undertake a research project directly with other agencies without undergoing the University’s administrative procedures. University teachers engaging in off-campus part-time work shall not undertake a subsidized/commissioned project in the name of the unit where they work part-time except for approved by the university, otherwise, a penalty shall be imposed on those who violate such a rule according to the National Cheng Kung University Regulations Governing Teacher Recruitment. In addition to meeting the requirements stipulated by the authorizing agency, teachers undertaking subsidized/commissioned research projects shall use each fund in accordance with relevant accounting regulations. 12. The National Cheng Kung University Regulations Governing Research and Development Results stipulate the rights and obligations of faculty members who utilize the University’s resources to complete research and development results possessing patent values or protected in a nonpatent form. 13. Unless otherwise prescribed by law, the employment, secondment, research, lectures, advanced studies, and research leave of the University’s teachers shall be handled in accordance with the National Cheng Kung University Regulations Governing Teacher Recruitment; Disposal Directions for Teacher Secondment of National Cheng Kung University; National Cheng Kung University Operation Directions for Faculty Members Applying to Lecture Abroad, or Study or Train at a Domestic or Foreign Institution; and National Cheng Kung University Regulations Governing the Sabbatical Leave of Professors and Associate Professors and other relevant laws and regulations. 14. Teachers involved in plagiarism shall receive a penalty in accordance with the NCKU Directions for Handling Plagiarism in Faculty Publications. 15. Teachers who plan to resign upon the expiration of their employment term should submit a written notice to the University 1 month before their contract ends. Teachers who wish to resign within the employment period should first obtain the consent of the University, and the calculation of their salary will end on the date they actually leave their position. 16. The rights and obligations of the University’s jointly appointed teachers are specified in the National Cheng Kung University Regulations on Joint Appointment of Teachers Between Departments. 17. Matters not specified in the contract shall be dealt with according to other relevant laws and regulations. 18. This contract is implemented upon approval by the University Affairs Committee Meeting. The same shall apply for amendments to the contract. |