1

09 August 2012

Handling Appointment

School Development Division

Seminar for Newly Appointed Principals

2

Administration ProceduresAdministration Procedures

To Verify Qualification

• Assessment of Non-local Qualifications for Appointment (EDBC001/2005)

• Language Proficiency Requirement (EDBCM246/2005)

• Degree and teacher training qualifications (EDBCM054/2004)

• Others, e.g. Recognition of PE training

3

Administration Procedures (cont.)Administration Procedures (cont.)

To Verify Experience

• Period of teaching experience

• Nature of teaching experience• Teacher participated in the Early Retirement

Scheme is not allowed to take up full-time or part-time employments (including those created by government funds)

4

Contribution to Provident FundContribution to Provident Fund

Regular Teacher

Regular Teacher with Defined Contract Period

One-year Additional Teacher Post for 2011/12 School Year

(EDBCM 174/2010)

(only for existing contributors on

transfer from other aided schools)

Temporary Teacher

NET

5

Administration Procedures (cont.)Administration Procedures (cont.)

Others

• To verify whether the teacher is a registered or a permitted teacher

• To determine the nature of appointment, e.g. regular or temporary post, full-time or part-time basis

• To determine the source of funding

• To approve the salary entitlement according to the “Guide to Salary Assessment”

• To complete details of teachers being replaced in the appointment form (including reasons for leave, replacement period) and submit it to Finance Division

6

Common IrregularitiesCommon Irregularities

• Inappropriate appointment start date and end date– Teachers should normally not to be allowed to

commence an appointment on a public holiday– Appointment end date should not be 31 August for a

teacher with service of less than one academic year • Holders of part-time B.Ed. (Primary Education) degree

should normally not to be appointed as GM in secondary school

• Holders of only a master degree (with a Bachelor degree) should normally not to be appointed as GM / APSM

7

Before Submitting Appointment FormBefore Submitting Appointment Form

• Confirm the equivalency of teacher’s non-local qualifications to local ones (EDBC No. 1/2005)

• Ascertain the acceptance of the non-local qualifications for appointment / regrading to graduate teaching posts (EDBC No. 41/1998)

• Obtain REO’s approval for :– Direct appointment to promotion rank in SMC

schools– Appointment, promotion or acting appointment

of Principal

8

Handling LeaveHandling Leave

9

Types of leave granted by SMCsTypes of leave granted by SMCs

• Teaching staff (including school heads) – Paid or no-pay Sick Leave (SL);– Paid or no-pay Maternity Leave (ML);– Paid or no-pay Special Tuberculosis Leave (TBL);– Paid leave for serving as jurors/witnesses; – Paid Study Leave (StL) endorsed by PS(Ed) in

advance; – Paid Special Leave (SpL) for a maximum of 2 days

per school year; and – Paid leave not more than 14 days per school year for

special events.

10

Types of leave granted by SMCsTypes of leave granted by SMCs

• Non-teaching specialist staff

– Paid Annual Leave (AL);

– Paid or no-pay SL;

– Paid or no-pay ML;

– Paid or no-pay TBL; and

– Paid leave for serving as jurors/witnesses.

[Ref – EDBC 1/2006 & COA]

11

Types of leave that require

PS(Ed)’s approval Types of leave that require

PS(Ed)’s approval

• No-pay leave (NPL) other than no-pay SL/ML/TBL;

• StL not endorsed by PS(Ed) in advance; and

• Other leaves not specified above but recommended by the SMC/IMC.

12

Paid Special LeavePaid Special Leave

• SMC/IMC may grant paid SpL – for a maximum of 2 days per school year;

– of not more than 14 days to any teachers for each academic year to represent HKSAR in national/international conferences or events such as Asian Games and the Olympic Games; or being invited to present paper or speak at national/international conferences in connection with education or participating in training and camping exercises of Civil Aid Service, Auxiliary Medical Service or Auxiliary Police Force.

13

Paid Special Leave (cont.)Paid Special Leave (cont.)

• For school heads and teachers being invited by the Hong Kong Schools Sports Federation or national sports associations to represent Hong Kong at national or international sports competitions, the school has to provide the supporting documents to respective REO officer for clarification / information.

14

Paid Special Leave (cont.)Paid Special Leave (cont.)

• Prior approval of PS(Ed) is required for aided school teachers (including school heads) taking paid SpL for participating in activities/events, such as educational exchange visits, seminars and conferences, short study leave, etc.

15

How will no-pay leave affect teachers?

How will no-pay leave affect teachers?

• The period of NPL will not be counted for promotion purposes

• Keeping G/SSPF account open

– SMC schools - NPL period approved by REO – IMC schools - Approve all NPL and apply to

REO for keeping G/SSPF account open

16

How will no-pay leaveaffect teachers?

How will no-pay leaveaffect teachers?

Adjustment of the date of increment

NPL of 1-15 days : ID remains unchanged

NPL of 16-45 days : ID to be deferred by 1 month

NPL of 46-75 days : ID to be deferred by 2 months

17

Other Points to noteOther Points to note

• For no-pay ML/SL/TBL, payment of salary will resume on the day following the last day of such NPL, notwithstanding that the day following the last day of such NPL may be a Sunday or a gazetted public holiday.

• Schools should take own responsibility to fulfill all statutory requirements including meeting any possible expenditure arising from all types of NPL of teaching and non-teaching staff out of non-government funds, such as payment for statutory holidays.

18

Considerations forSpecial Leave

Considerations forSpecial Leave

• Will the administration/operation/learning and teaching of the school be affected ?

• What are the grounds and justifications ?• What are the reasons for not participating in such

activities on non-school days ?• Does it involve additional government subsidies such

as acting allowances or supply teachers?• Have schools formulated policies and principles in

processing leave application in consultation with staff to ensure impartiality and consistency ?

• SMC/IMC has to handle complaints arising from the leave taken by the teacher.

19

Requirements on Medical Certificates Requirements on

Medical Certificates • Valid MC to support sick leave applications

exceeding 2 days (SAG)

• For MC issued by Registered Chinese medicine practitioners are accepted for the purpose of granting SL/ML effective from 1.12.2006– For Maternity Leave (ML), they cannot be

accepted for certification of the actual Date of Confinement.

– For the purpose of certifying SL for injury on duty, they are accepted with effect from Sept 2008.

20

How should schools handle SLarising from injury on duty?

How should schools handle SLarising from injury on duty?

• Notify the insurance company in accordance with BIP

• Notify the Commissioner of any accident or occupational disease

• SL will not be counted against the staff’s normal SL balance.

• The staff is allowed to contribute to the G/SSPF during the period in the same manner as applied to any leave with full pay.

[Ref – EDBC 31/2001]

21

SL and ML entitlement of part-time monthly-paid teachers

SL and ML entitlement of part-time monthly-paid teachers

• The entitlement of SL and ML for full-time and part-time monthly-paid teachers appointed on regular or temporary basis is the same.

• Female staff is eligible for paid maternity leave if she completed 40 weeks of residence service in aided schools before commencement of maternity leave.

22

Point to NotePoint to Note

• For teachers paid out of salaries grant, their leave provisions are governed by Codes of Aid.

• Schools have to observe the obligation as employers under Employment Ordinance.

23

Guidelines and Forms related to COAGuidelines and Forms related to COA

• Guidelines for Appointment of Daily Rated Supply Teachers in Aided Schools

• Guidelines for Appointment of Daily Rated Non-teaching Supply Staff in Aided Special Schools

• Leave Record of Teachers for EDB's Endorsement

(Send yearly record to EDB in August)• Half-yearly Summary of Leave Record of Non-

teaching Staff

http://www.edb.org.hk/EDNEWHP/resource/edu_doc/coa/ag_coa/coa_ag_e.pdf

24

Annual Summary of Leave Record and

Worked Examples on Calculation of Sick Leave Balance of

Teaching Staff

25

Termination of Contract :Regulations & Accountability

26

僱主僱主 Contract of Contract of ServiceService

Conditions of service

Salary Scale

Termination of Appointment

According to According to COACOA ：：

SMC / SMC / IMCIMC TeacherTeacher

ContractContract

Employment Employment OrdinanceOrdinance

Education Education OrdinanceOrdinance

COACOA

Various Various guidelinesguidelines

s70 of Employment Ordinances70 of Employment Ordinance ：：Any term of a contract of employment which Any term of a contract of employment which purports to extinguish or reduce any right, purports to extinguish or reduce any right, benefit or protection conferred upon the benefit or protection conferred upon the employee by this Ordinance shall be void.employee by this Ordinance shall be void.

COA

Primary (1994.9)

Secondary Secondary ((1994.9))Special (1998.11)Special (1998.11)

COA for Aided SchoolsCOA for Aided Schools（（ Release 1.6, September 2010 ))

•

Education Ordinance Schedule 1 & 2

“a person who is employed to work for a school immediately before the date of the establishment of the

incorporated management committee of the school under section 40BN of this Ordinance shall on the

commencement of that date be deemed to have been employed by the committee on the same terms and

conditions of the employment subsisting immediately before that date.“

TerminationTermination

Termination Notice

During the first month of probationary period

Without notice

First month after the probationary period

One month’s notice

After the probationary period

Three month’s notice

or Payment in Lieu of Notice

（ Employment Ordinance）2 yrs of probationary period

School Administrative Guide (Para 7.10)

If a teacher fails to give sufficient notice, he/ she should be required to pay an amount equivalent to his/ her salary of the number of insufficient days of notice. The amount is capped at the level of one months' salary.

COMPENDIUM TO CODE OF AID FOR AIDED SCHOOLS ((Release 1.6, September 2010 ))

On the Amount of Salary in lieu of On the Amount of Salary in lieu of Notice:Notice:

One month’s salary or an amount One month’s salary or an amount equivalent to the amount of salary for equivalent to the amount of salary for the notice period, whichever is the the notice period, whichever is the less.less.

33

The SMC / IMC may waive the said payment if the teacher's explanation is justified and

inform the Permanent Secretary of such a waiver and

the reasons thereof.

COACOA(Sec-App 7, Pri-App 8, Special-App 8)(Sec-App 7, Pri-App 8, Special-App 8)

The teacher concerned should be given a warning, or warnings that his work is unsatisfactory

A formal written warning embodying relevant criticisms with copy to PSEd

PSEd investigates the circumstances

If the teacher after receiving the warning letter still shows no improvement after an appropriate period, and the SMC

intends to dismiss him or not to renew his contract after the date of expiry, the Supervisor shall so inform the

PSEd.

Dismissal/Termination of Appointment of a teacher at the end of the first and second academic year during probationary period

Unsatisfactory performance, and showing no

improvement in his work after being advised

COA (Sec-App 7, Pri-COA (Sec-App 7, Pri-App 8, Special-App 8)App 8, Special-App 8)

Verbal Warning

After informing verbally the teacher of his shortcomings, the Principal may serve the teacher a written letter, listing the weaknesses mentioned in their discussion

No needNo need to informto inform EDBEDB

The written letter should be copied to the Education Bureau for record purposes. The Permanent Secretary may investigate at the request of the teacher concerned

If the teacher concerned takes no notice of the verbal warning(s), the SMC may terminate the appointment of the teacher by giving

one month's notice at the end of the school year.

Compendium to Code of Aid for Aided Schools (Release 1.6) – Section 6 : After probation

Written warning

Second written warning if no improvement in the work of the staff member concerned is noticeable

after an appropriate period

The teacher still shows no improvement after an appropriate period, the IMC may dismiss him or not to renew his contract after the date of expiry.

The IMC should inform the Permanent Secretary.

ComparisonComparison

Teacher employed before establishment

of IMC

Teacher employed after establishment of

IMC

During Probation

Verbal warning Not to renew the contract after the date

of expiry

After Probation

Issue of written warning with copy to EDB and EDB will

investigate

Having issued two written warnings, Not to renew the contract

after the date of expiry; Inform EDB

Education Regulations s76

(2) The dismissal of any teacher who is employed in the (2) The dismissal of any teacher who is employed in the school- school-

(a) to occupy a teacher post in the establishment of (a) to occupy a teacher post in the establishment of staff provided for in the code of aid for primary schools, staff provided for in the code of aid for primary schools, code of aid for secondary schools or code of aid for code of aid for secondary schools or code of aid for special schools; special schools; oror(b) for a term for not less than 6 months,(b) for a term for not less than 6 months,

shall be approved by the shall be approved by the majoritymajority of the managers of of the managers of the school at a meeting of the management committee the school at a meeting of the management committee or incorporated management committee.or incorporated management committee.

Prohibition against Prohibition against termination of employmenttermination of employment ：：

　 Employee’s pregnancy is confirmed 　 Employee takes paid sickness days

　 Employees take part in trade union or the activities of the trade union

　 Before an agreement made with the injured employee on the compensation

Handling staff with unsatisfactory performance

　 Given clear expectation on performance?

　 Is the expectation impartial?

　 Given appropriate time & opportunities to improve?

　 Given advice and assistance?

校方必須具有真正及充足的理由

(good and sufficient reasons)，才考慮

解僱教員

如供款人因涉及專業方面行為不當或因被定罪而停止受僱為津貼學校教師，在提取公積金時，將不會獲發政府贈款及就該等贈款派發的股息。

根據《津貼學校公積金規則》第 13條

43

Summary Dismissal

COA for Pri Sch 57(g)COA for Sec Sch 58(g) orCOA for Special Sch 62(g)

A teacher will be liable to summary A teacher will be liable to summary dismissal if it appears to the SMC dismissal if it appears to the SMC that he has been convicted of a that he has been convicted of a criminal offence or has committed a criminal offence or has committed a grave breach of duty.grave breach of duty.

Summary dismissal is a serious disciplinary action which has to be justified on the basis of serious misconduct, gross negligence or having adverse impact on students or on their learning (for example, criminal offence or failure to discharge their responsibility, including wilful disobedience).

Code of Aid for Aided Schools (Release 1.6) 13.5

46

COA - Suspend a teacher from his normal duties for a period of not exceeding 14 days

(i) in cases where criminal proceedings of a serious nature have been, or are likely to be instituted;

(ii) in cases where the teacher's serious misconduct is under investigation and it would be against the interest of the school for him to continue to teach in the classroom.

COA for IMC - Suspend a teacher from his normal duties for a period of not exceeding 14 days

(i) in cases where criminal proceedings against the employee arising out of or connected with his employment have been, or are likely to be instituted; or

(ii) in cases where the employee's serious misconduct is under investigation and it would be against the interest of the students for him to continue to work in the school.

Other Reference : EmO S.11

48

Thank you!