The ministry of Labor, Republic of China (Taiwan) announced the interpretation No.098130696 ”the missionary agency’s labor, should apply on Labor Standards Act from January 1, 2010”, but after announcing the interpretation, triggered panic to Protestant group, they thought that the Protestant clergy are special profession, if they apply on Labor Standards Act, it may occur some issues.
Therefore, I try to study the characteristic in Protestant religious (church), pastor’s profession, and study why they may have issues if they apply on Labor Standards Act. I
also will judge whether pastors are labor or not by subordinate theory when they work on different Church system, for example, Episcopal, Congregationalism, Presbyterian.I found that maybe will have different results when they work in different Church system.
Moreover, if pastors are labor in Labor Standards Act that judge by subordinate theory,I study what issues occur if they apply on Labor Standards Act, for example, how to apply on dismiss clause if the Church dismiss the pastor when they have an extramarital relation? Or they teach the heresy in speech? And pastor’s contents in job usually flexible, how to apply on operating hours clause?
In conclusion, I have some suggestion in these issues,especially in confliction with employment relationship and Christian doctrine, pastor’s operating hours and vacations,
the consideration between pastor’s work and salary, solution of labor dispute, the confliction with protestant church’s tradition of operation and Law.