| 摘要: | 傳統及事實上對教師角色期待與抽象的倫理、廣泛的公共利益劃上等號，並期教師以更多精神性的價值以自我約制，在集會結社權上，不認同其為勞工，加上統治高權威權體制之意識型態遺風未褪，因此在現有法規制度下，不僅教師專業自主權遲未確立，無法認同教師如專業人員之醫師、律師、會計師等籌組公會，亦無法認同教師為工會份子組織工會，以專業談判方式處理權利義務、專業倫理、甚至糾紛仲裁等事務；就工作權之各項保障，以現有教師合法組織機制－教師會，則顯薄弱無力。在公民社會以群體力量，透過合法性組織之集會，罷工、罷教以爭取權益，甚至以壓力團體模式影響公共政策，乃屬正常現象，惟待統治當局以開放眼光，充分的回應性視之。先進國家如美、英、日、韓等均具有較成熟之教師專業組織，其在推動罷教，爭取權益及專業談判，專業發展與研究上，可謂完備且貢獻卓著。期我教師權益保障之特殊救濟途徑－罷教、罷工為消極備而不用之權力，積極的並運用此種專業集體的力量訂定自主自律公約，提昇教育專業，並積極從事社會教育運動，與合法統治權力共同體現社會公益。
Conventionally and as a matter of fact, the expectation to teachers has been drawn an equal mark with abstract morals and general public’s benefits. People expect teachers to be self-restricted with more spiritual value. As to the right of convention or association, they are not identified as labors. Furthermore, as the custom left by ancient generations of the ideology of hierarchy still exists, so that, under actual regulations, not only the teacher’s autonomy of professionalism has not yet been assured, since they are not identified as other professionals, such as doctors, lawyers, and accountants who can organize their own associations, but also they are neither identified as unionists to form a union to use their own professional negotiation methods to deal with their rights, obligations, professional morals, even dispute, or arbitration matters. We may say that their burden is heavy and the road is long. As to all kinds of protections to their working rights, if we just depend on the actual teachers’ legal organization “National Teachers’ Association, R.O.C.”, it’sobviously too weak. In a civil society, it is normal to use the power of group, by means of legal organization’s convention, going on strike, teachers’ strike in order to fight for their rights and interests. We even may use the mode of pressing groups to affect public policies. Nevertheless, all of the above-mentioned depends on the governing bureau could be open-minded and could respond them adequately. In the developed countries, like e U.S.A., England, Japen, and Korea, they have a more mature and professional teachers’ organization with a complete and significant contribution on setting teacher’s strike into action, fighting for rights and interests, professional negotiations, professional developments, and researches. We expect that the special way of giving relief to protect our teachers’ rights and interests – teachers’ strike and other strikes, which are considered as passive methods, will be only for stand-by, not for use. We have to operate actively this profession’s power to set up an autonomy convention in order to raise the professionalism of education, to get involved in the social education activities with enthusiasm, and incarnate the public welfare together with the legal domination power. |
