09 August 2012

1. Seminar for Newly Appointed Principals Handling Appointment 09 August 2012 School Development Division

2. 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

3. 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 Fund

5. Administration Procedures (cont.) Others • To verify whether the teacher is a registered or a permitted teacher • To determine thenature of appointment, e.g. regular or temporary post, full-time or part-time basis • To determine thesource 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 Irregularities • Inappropriate appointment start date and end date • Teachers should normallynot to be allowed to commence an appointment on a public holiday • Appointment end date shouldnotbe 31 August for a teacher with service of less than one academic year • Holders of part-time B.Ed. (Primary Education) degree should normallynotto be appointed as GM in secondary school • Holders of only a master degree (with a Bachelor degree) should normallynotto be appointed as GM / APSM

7. 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 forappointment / regradingto graduate teaching posts (EDBC No. 41/1998) • ObtainREO’s approvalfor : • Direct appointment to promotion rank in SMC schools • Appointment, promotion or acting appointment of Principal

8. Handling Leave

9. 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.

10. 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]

11. 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 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 torepresent HKSARin national/international conferences or events such as Asian Games and the Olympic Games; or being invited topresent paper or speak atnational/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.) • 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.) • Prior approval of PS(Ed) is required for aided school teachers (including school heads) taking paid SpL forparticipating in activities/events, such as educational exchange visits, seminars and conferences, short study leave, etc.

15. How will no-pay leave affect teachers? • The period of NPL willnotbe counted for promotion purposes • Keeping G/SSPF account open • SMCschools - NPL period approved by REO • IMCschools - Approve all NPL and apply to REO for keeping G/SSPF account open

16. How will no-pay leaveaffect teachers? Adjustment of the date of increment

17. Other Points to note • Forno-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 anypossible expenditurearising 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 • Will the administration/operation/learning and teaching of the school beaffected? • What are thegrounds and justifications? • What are thereasons for not participating in such activities on non-school days ? • Does it involveadditional government subsidiessuch as acting allowances or supply teachers? • Have schools formulatedpolicies and principlesin processing leave application in consultation with staff to ensure impartiality and consistency ? • SMC/IMC has to handle complaintsarising from the leave taken by the teacher.

19. 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 certifyingSL for injury on duty, they are accepted with effect from Sept 2008.

20. 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 • The entitlement of SL and ML for full-time and part-time monthly-paid teachers appointed on regular or temporary basis is thesame. • Female staff is eligible for paid maternity leave if she completed 40 weeks ofresidence service in aidedschools before commencement of maternity leave.

22. 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.

23. Guidelines 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. SMC / IMC Contract of Service 僱主 Teacher Conditions of service According to COA： Salary Scale Termination of Appointment

27. Employment Ordinance Contract Education Ordinance 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 Various guidelines

28. COA Primary (1994.9) COA for Aided Schools（Release 1.6, September 2010) Secondary (1994.9) Special (1998.11)

29. 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.“

30. Termination or Payment in Lieu of Notice （Employment Ordinance） 2 yrs of probationary period

31. 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.

32. 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.

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.

34. 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.

35. 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 After informing verbally the teacher of his shortcomings, the Principal may serve the teacher a written letter, listing the weaknesses mentioned in their discussion COA (Sec-App 7, Pri-App 8, Special-App 8) Verbal Warning 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 No needto informEDB 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.

36. 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.

37. Comparison

38. 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.

39. 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

40. Handling staff with unsatisfactory performance Given clear expectation on performance? Is the expectation impartial? Given appropriate time & opportunities to improve? Given advice and assistance?

41. 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

42. 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。

43. Summary Dismissal

44. 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.

45. 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).

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.

47. 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!