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Back台南市教育局限縮教師會務假被認定不當勞動行為 將提行政訴訟
台南市教育局限縮教師會務假被認定不當勞動行為 將提行政訴訟
NEWS
自由时报6 days agoLabor2 min readChinaView translation

台南市教育局限縮教師會務假被認定不當勞動行為 將提行政訴訟

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勞動部裁決台南市教育局限縮教師會務假構成「不當勞動行為」。教育局對此表示遺憾,並主張其非教師雇主,將依法提起行政訴訟,由行政法院審理。

AI-generated summary

Why It Matters

台南市教育局去年以議會決議為由限縮教師會務假,勞動部裁決此舉構成不當勞動行為。

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勞動部認定台南市教育局限縮教師會務假構成「不當勞動行為」,台南市教育局將提行政訴訟。(台教產提供)

台南市教育局去年以「議會決議」為由限縮教師請會務假,遭勞動部裁決認定構成「不當勞動行為」,對此,台南市教育局今回應表示,對裁決結果感到遺憾,勞動部裁決並非終局處理結果,教育局將依法提起行政訴訟,由行政法院審理裁判。

教育局指出,教育局基於主管教育行政機關地位,並依市議會預算審議結果及學校行政運作事項,函知所屬學校係基於行政監督與提醒,並非以雇主身分直接准駁個別教師之會務假。依最高行政法院108年度判字第88號判決,已認定公立學校教師之雇主為學校,直轄市及縣市政府教育局並非實質管理權之雇主,亦不是工會法第35條所稱「雇主或代表雇主行使管理權之人」,因此曾撤銷勞動部對地方政府不當勞動行為的裁決,已有判例。

教育局表示,教育局一向重視教師工會依法辦理會務及教師參與工會活動之權益。教師工會會務假之辦理,應綜合工會法、教師請假規則、雙方約定及實際課務情形妥適處理,以兼顧工會活動、學校正常運作及學生受教權益。有關市議會對地方自治事項及預算所為之審議監督,以及教育局據以辦理之行政作為,均屬地方自治運作的一環。

本案教育局將依法提起行政訴訟,針對勞動部不當勞動行為裁決委員會的裁定所涉及的法律爭點,於行政訴訟中完整說明現行地方制度法所建構之議會監督、教育行政監督及勞動法制間的法律關係,由法院依法審理裁定。

What to Watch

AI outlook — possibilities, not facts

  • 台南市教育局將提起行政訴訟

    Very likely · Within weeks

Open Questions

  • 行政法院最終將如何判決雇主身份認定?

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