A study of Elementary School and Junior High School Teachers’Strike Rights: Perspectives of National Teachers’Association R.O.C. and National Alliance of Parents Organization
|關鍵字:||罷教權;勞動三權;教師工會;全國教師會;全國家長團體聯盟;Teachers’strike right;the Three Basic Labor Rights;Teachers’ Union;National Teachers’ Association R.O.C.;National Alliance of Parents Organization|
This research aims to investigate the strike perspectives of elementary school and junior high school teachers of National Teachers’ Association (NTA) R.O.C. and the National Alliance of Parents Organization (NAPO). The methodology adopted in this research is based on literature review and interviews. The literature review will highlight the definition of a teacher’s right to strike, the basic requirements of the right to strike, basic human rights and a child’s right to an education. In addition, the literature review will highlight the controversy when striving for teachers’ strike rights as well as the policies of teachers’ strike rights in England, America, Japan, Germany, and France. The second element of the methodology is based on interviews with teachers and parents of NTA and NAPO on the issue of teachers’ strike rights. Finally, the research draws on conclusions from prior research findings: (1) Teachers’ strike right is one of the rights to dispute in teachers’ three basic labor rights. Besides, labor status and teachers’ union are the basic requirements of the right to strike for teachers. (2)Parent Participation is to protect students’ right to education. (3)According to the principles of protecting children’s right to education and a concrete legal rule is priority to a general legal rule, students’ right to education has priority over teachers’ strike right. (4)The characteristics of teachers’ strike right policies of England, America, Japan, Germany, and France. (5)NTA advocates that teacher status is not only a general public official and a professional, but a laborer. As such, teachers can organize unions and have the right to strike. (6)NAPO advocates that teacher status is just a general public official and a professional, but not a laborer. As such, teachers cannot organize unions and do not have the right to strike. If teachers use labor status to organize unions, they shall change to adopt Labor Law and abandon rights and interests of public official status. (7)The researcher advocates that teacher status is not only a public official and a professional but a laborer. So teachers can organize unions. However, according to the principle of protecting children’s right to education, teachers must not be allowed to have the right to strike. And the government can also refer to policies of teachers’ strike right in Japan and Germany. (8)The minimum requirements of teachers’ unions are that the membership is based on a voluntary choice, and substitute teachers’ salary for official leave of absence should pay by teachers’ unions. In addition, the law must forbid having school teachers union. (9)For protecting students’ right to education, if teacher unions strike, they must bargain with other education groups to come to an agreement. Besides, a perfect collective bargaining system should be established and the vote percentage of agreement on carrying out teachers’ strike also needs to rise. This research offers a few suggestions to teachers, education groups, government institutes, and further researchers.
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