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(釋字第 333 號 )      PRINT
Interpretation J.Y. Interpretation NO.333  Date 1994/1/14 Issue Is it in contravention of the Constitution to recognize the previous service years of a childcare worker, who has the qualification of kindergarten teacher, in computing or advancing his or her salary one level, after the fulfillment of a respective full year of service, up to the permissible maximum when such childcare worker has transferred from the position of a childcare worker (having previously served at all levels of a government-owned childcare center) to become a public school kindergarten teacher? Holding Explanatory Letter (79) Jen-Tze No. 22064, issued by the Ministry of Education on May 15, 1990, prescribes that “A person who has previously served as a childcare worker at all levels of a government-owned childcare center and has been qualified as a kindergarten teacher, when transferring to a teaching position at a public school kindergarten, may advance one salary level after the fulfillment of every full year of service, and shall be limited in accordance with the maximum level for that position.” That aforesaid recognition of the previous service years is restrictedly applied to those with the qualification of kindergarten teacher and is not in contravention of the Constitution. Reasoning Although the purpose of both childcare centers and kindergartens is to nurture the physical and mental development of preschool children, the difference between a childcare center and a kindergarten is that the former shall also introduce the concepts of health, life and moral conduct. The qualifications of a kindergarten teacher are regulated in Article 12 of the Preschool Education Law as promulgated on November 6, 1981. Therefore, only those persons with the statutorily stipulated qualifications can assume the position of a childcare worker in the public childcare center; and should s/he transfer to a public school kindergarten, his or her previous years of service can accordingly be recognized. Explanatory Letter (79) Jen-Tze No. 22064, issued by the Ministry of Education on May 15, 1990, states: “A person who has previously served as a childcare worker at all levels of a government-owned childcare center and has qualified as a kindergarten teacher, when transferring to a public school kindergarten to be a teacher, may advance one salary level after the fulfillment of every full year of service, and shall be limited in accordance with the maximum level for that position.” The abovementioned Letter conforms to the foregoing Interpretation and hence is not in contravention of the Constitution. ' Translated by Eleanor Y.Y. Chin, Esq. and Chien Yeh Law Offices.
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