Seminar for Newly Appointed Principals
Handling Appointment
School Development Division
09 August 2012
1
Administration 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
2
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)
3
Contribution 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

4
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
5
Common 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
6
Before 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
7
Handling Leave
8
Types 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.
9
Types 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]
10
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.
11
Paid 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.
12
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.
13
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.
14
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
15
How will no-pay leave
affect 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
16
Other 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.
17
Considerations for
Special 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.
18
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.
19
How should schools handle SL
arising 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]
20
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.
21
Point 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.
22
Guidelines and Forms related to COA
• Guidelines for Appointment of Daily Rated Supply
Teachers in Aided Schools
• Guidelines for Appointment of Daily Rated Nonteaching 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 Nonteaching Staff
http://www.edb.org.hk/EDNEWHP/resource/e
du_doc/coa/ag_coa/coa_ag_e.pdf
23
Annual Summary of Leave Record
and
Worked Examples on Calculation
of Sick Leave Balance of
Teaching Staff
24
Termination of Contract :
Regulations & Accountability
25
SMC /
IMC
僱主
Contract of
Service
According to
COA：
Teacher
Conditions of
service
Salary Scale
Termination of
Appointment
26
Employment
Ordinance
Contract
Education
Ordinance
COA
Various
guidelines
s70 of Employment Ordinance：
Any term of a contract of employment which
purports to extinguish or reduce any right,
benefit or protection conferred upon the
employee by this Ordinance shall be void.
•
COA
Primary (1994.9)
Secondary (1994.9)
Special (1998.11)
COA 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.“
Termination
Termination
Notice
During the first month of
probationary period
Without notice
First month after the
probationary period
After the probationary
period
One month’s notice
Three month’s notice
or Payment in Lieu of Notice
2 yrs of probationary period
（Employment Ordinance）
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
Notice:
One month’s salary or an amount
equivalent to the amount of salary for
the notice period, whichever is the
less.
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.
33
COA
(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 informing verbally the
teacher of his shortcomings,
after being advised
COA (Sec-App 7, PriApp 8, Special-App 8)
Verbal Warning
No need to inform EDB
the Principal may serve the
teacher a written letter,
listing the weaknesses
mentioned in their
discussion
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.
Comparison
Teacher employed
Teacher employed
before establishment after establishment of
of IMC
IMC
During
Probation
After
Probation
Verbal warning
Not to renew the
contract after the date
of expiry
Issue of written
Having issued two
warning with copy to written warnings, Not
EDB and EDB will
to renew the contract
investigate
after the date of expiry;
Inform EDB
Education Regulations s76
(2) The dismissal of any teacher who is employed in the
school(a) to occupy a teacher post in the establishment of staff
provided for in the code of aid for primary schools, code
of aid for secondary schools or code of aid for special
schools; or
(b) for a term for not less than 6 months,
shall be approved by the majority of the managers of
the school at a meeting of the management committee
or incorporated management committee.
Prohibition against
termination 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
根據《津貼學校公積金規則》
第13條
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。
Summary
Dismissal
43
COA for Pri Sch 57(g)
COA for Sec Sch 58(g) or
COA for Special Sch 62(g)
A teacher will be liable to summary
dismissal if it appears to the SMC
that he has been convicted of a
criminal offence or has committed a
grave breach of duty.
Code of Aid for Aided Schools (Release 1.6)
13.5
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).
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.
46
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
Thank you!
48