granting of leave, appointment & termination of staff...induction programme for newly appointed...
TRANSCRIPT
INDUCTION PROGRAMME FOR NEWLY APPOINTEDPRINCIPALS2019-20
Granting of Leave, Appointment & Terminationof Staff
1
School Development DivisionEducation Bureau12 August 2019
2
Leave/ Appointment/ Termination
Principles Mechanism
Cases requiring EDB’s approval Reference
Staff Appointment
3
TYPES OF STAFF
Types of Staff
Teaching Staff Non-teaching Staff
EstablishmentOutside
Establishment
Regular DCP SchoolFunds
Time-limitedRegularPosts
Cash Grants
Salaries Grant
Admin/RevisedAdminGrant
Other Grants
4
STAFF APPOINTMENTPRINCIPLES
5
Exercise Employer’s autonomy & responsibilities
Explicit policies & procedures
Policies & procedures must be fair and open
Avoid any actual/perceived conflict of interest
Avoid allegations of favoritism
In accordance with relevant Ordinance, regulations,Codes of Aid, standing circulars and guidelines
RECRUITMENT CRITERIA & PROCEDURES
6
Principles of fairness & transparency
All vacancies should be advertised in the press (gender-neutral & discrimination-free)
Pre-determined criteria
Applicants who meet the stipulated minimumrequirements should be given equal opportunity forselection
Teacher’s appointment* shall be approved by themajority of the managers of the school [ER76(1)]
Proper documentation – Selection Panel Report
(* For a teacher who is to occupy a teacher post in the establishment of staff provided for in the code of aidfor primary/ secondary/ special schools or for a term for not less than 6 months)
APPOINTMENT OF TEACHING STAFF
Letters of Appointment
Salary Scale (MPS)
Conditionof Service
Conditions ofTerminationof Appointment
SMC/IMC PS(Ed)
Appointment Considerations
Teacher Registration
Fitness & Suitability
Consult previousemployer
SexualConvictionRecord Check
Aged > 60 Direct Appointment to promotional posts
Temporary NET7
Authority of Approval
Teacher Qualifications& Experiences
Appointment Considerations
AUTHORITY OF APPROVAL – PS(ED)
SMC Schools IMC Schools
School Head
Direct Appointment of Staff toPromotion Ranks
Staff above the age of sixty
Temporary Native EnglishTeachers
8
DIRECT APPOINTMENT TO PROMOTIONALPOSTS
Supported by IMC with justification
Internal recruitment has been conducted
Existing staff has been fairly considered before openrecruitment
Justifications must be fully documented andavailable for inspection
• Appendix D of SSAG - Guiding Principles and Procedures forDirect Appointment of Staff to Promotion Ranks
9
APPOINTMENT OF TEACHING STAFFABOVE AGE OF 60
Application for Extension of Service withdocumentary evidence before deadline
Temporary replacement of a teacher for any periodduring which that teacher is unable to perform duties
Fills a post that is not within the teaching staffestablishment approved by PS(ED)
EDBC194/2017 “Extension of Service of Teachers and Principalsin Aided Schools”
10
APPOINTMENT OF TEMPORARY NET
11
A temporary measure for schools not being able to finda suitable NET
Appointed on a day-to-day basis
For continuous appointment of 90 days or above, willbe paid monthly salary at APSM/GM rank in primaryand secondary schools respectively
Not eligible for the fringe benefits under theEnhanced NET Scheme
Home > Curriculum Development > Resources and Support >Native-speaking English Teacher (NET) Scheme > NETAppointment Matters
TEACHER QUALIFICATIONS & EXPERIENCES
12
Verification of Qualificationsascertain teacher’s non-local qualifications (if any)Home > Teachers Related > Qualifications, Training and Development > Qualification
Verification of experiences
Salary Assessment
Guides to Salary AssessmentHome > School Administration and Management > Administration> About School Staff > Salary Assessment in Aided Schools
SUITABILITY & FITNESS
13
Trained teacher
Verification of date of birth
Physical Check-up
Declaration of previous conviction record
Seek consent to check TR info with EDB; and
Seek consent to consult previous employer about
performance if needed
Sexual Conviction Record Check (SCRC) EDBC No. 16/2017 “Measures for Strengthening the Protection of
Students: Appointment Matters of Schools”
LETTERS OF APPOINTMENT & APPOINTMENT FORM
14
SMC/IMC to issue letters of appointment which set out
Conditions of service
Salary scale
Conditions of termination of appointment [ER77]
Submit the Appointment Form to the Funds Sectionof EDB, cc. to REO
Home > School Administration and Management >Administration > About School Staff > Appointment Matters
TEACHER REGISTRATION
No person shall teach in a school unless he is a registeredteacher (RT) or a permitted teacher (PT) [EO S.42(1)]
Registered Teacher (RT) A person who holds teacher qualification (e.g. a local
Teacher's Certificate or Post- graduateDiploma/Certificate in Education) and is a Hong Kongresident may apply for registration as a teacher.
Permitted Teacher (PT)
A person without teacher training & teacher qualification. When the PT is employed by another school, the school
concerned has to apply for another permit to teach. Minimum academic qualification: associate degree (pri), a
higher diploma (sec) or equivalent.
Home > Teachers Related > Qualifications, Training andDevelopment > Qualification > Teacher Registration
15
REFERENCE ON APPOINTMENT School Administration Guide
Supplement to School Administration Guide (IMC)
EDB Circulars and CM
▫ EDBC005/2005 “Appointment of Staff in Schools”
▫ EDBCM016/2017 “Measures for Strengthening theProtection of Students: Appointment Matters of Schools”
▫ EDBCM179/2011 “Sexual Conviction Record Check Scheme”
▫ EDBC10/2017 “Optimising the Use of TeachingManpower Resources”
Employment Ordinance and employment-related ordinances
Guide to Salary Assessment 16
Termination of Contract
17
The Termination of employment may arise due to
Resignation
Dismissal / Summary dismissal
(including non-renewal of contract)
Redundancy
TERMINATION OF CONTRACT
18
PRINCIPLES IN TAKING DISCIPLINARYACTION (I) School’s own procedure/mechanism to handle
teachers’ misconduct/underperformance Transparent, fair, reasonable & known to teachers Disciplinary actions:
Suspension from normal duties
Withholding increment
Demotion (for IMC schools)
Dismissal
Summary dismissal19
PRINCIPLES IN TAKING DISCIPLINARYACTION (II) Before any disciplinary action, the teacher should
have been:
given clear expectation on performance
given necessary support/guidance to makeimprovement
adequate opportunity & reasonable time to improveperformance
Written statements/ interview records should beproperly kept
20
DISMISSAL - POINTS TO NOTE(I) Dismissal approved by the majority of the
managers at an SMC/IMC meeting [R76]
School management authority should incorporateterms of CoA into the conditions of service of theletters of appointment [Termination Clause]. Theterms of contract and terms of CoA relating to“termination” need to be read together. [R77]
Dismissal for good and sufficient reasons inaccordance with the requirements in CoA
Dismissal Procedures : Teachers in SMC Schools VS IMC Schools Teachers on probation VS after probation
[Relevant CoA + Compendium to CoA : Section 6]
21
Dismissal ProcedureStaff in SMC schools OR Staff in IMC schools appointed before COA for Aided Schools becoming effective
During Probationary Period (At the end of 1st and 2nd academic year)
Either:• (a) To follow the same procedures as applicable to those after probation or in the middle of
the academic year during probationary period; or• (b) A verbal warning by the Principal and note down in school record; or• (c) A written letter from the Principal after a verbal warning to the teacher. The verbal
warning be recorded in school file while the written letter be copied to EDB.• *If the teacher concerned takes no notice of the verbal warnings, SMC may terminate the
appointment of the teacher by giving one month’s notice at the end of the school year.After Probation or in the middle of the academic year during Probationary Period• A warning / warnings (written or verbal) to be recorded in
school files;• If no improvement, a formal written warning recorded in files
and copied to EDB;• To dismiss the teacher or not to renew contract if no
improvement after an appropriate period not less than onemonth.
• EDB shall be so informed.22
During Probationary Period
• Found by the IMC to be performing his duties in anunsatisfactory manner and showing no improvement in his workafter being duly advised
• IMC to give a sufficient period of notice to the teacher inaccordance with Section 6 of the Compendium to Code of Aid forAided Schools.
After Probation
• IMC to serve a written warning which should be recorded inschool files.
• IMC to serve a second written warning after an appropriateperiod not less than one month and to record it in school files.
• Written warnings be forwarded to the EDB.• IMC to dismiss the teacher after an appropriate period not less
than one month. EDB shall be so informed. 23
Dismissal ProcedureStaff in IMC schools employed on/after the date of the COA forAided Schools becoming effective
SUMMARY DISMISSAL
24
Conviction of a criminal offence or has committed agrave breach of duty
A serious disciplinary action justified on the basis ofserious misconduct, gross negligence or having adverseimpact on students or on their learning
SMC: Appendix 7 of COA for Secondary Schools Appendix 8 of COA for Primary Schools Appendix 8 of COA for Special Schools
IMC: Section 13.5 of COA for Aided Schools (Release 1.11) Section 6 of Compendium to COA for Aided School
(Release 1.11)
REFERENCE ON TERMINATION
25
Handling Leave Matters
26
TYPES OF LEAVE
Leave entitled to Teaching & Non-Teaching Staff
Sick Leave (SL) (Paid/ No-pay)
Maternity Leave (ML) (Paid/ No-pay)
Paternity Leave (Paid)
Tuberculosis Leave (TBL) (Paid / No-pay)
Serving as jurors/ witnesses (Paid)
Study Leave endorsed by PS(Ed) in advance (Paid)
No-pay Leave27
Leave entitled to Non-teaching Staff ONLYPaid Annual Leave
Leave entitled to teaching Staff ONLY
Paid Special Leave(a) Not more than 14 days paid leave per school year for special events
• represent HKSAR in national/international conference or events such as Asian Games and the Olympic Games
• Being invited to present paper or speak at national/international conferences in connection with education or participating intraining and camping exercise of Civil Aid Service, AuxiliaryMedical Service or Auxiliary Police Force
(b) A maximum of 2 days per school year
TYPES OF LEAVE
28
LEAVES THAT REQUIRE PS(ED)’SAPPROVAL
29
No-pay leave (other than SL/ML/TBL) [For SMCschools only]
Paid study leave not endorsed by PS(Ed) inadvance
Other types of leave not specified above butrecommended by SMC/IMC e.g. special paidleave for participating educational exchangevisits/ seminars/ conference
SICK LEAVE (I)
30
Sick Leave entitlement (Code of Aid)
28 days paid sick leave – 1st year of service
48 days – on completion of each succeeding year ofservice
Max 168 days
Sick leave balance ≤ 120 days : 48 days sick leave entitlement credited at the beginning of the school year/ year of service in advance;
Sick leave balance > 120 days : sick leave entitlementupdated on a monthly basis at a rate of 4 days for eachcompleted month
SICK LEAVE (II) School-based policy on leave management should be
established (e.g. submission of medical certificates,notifying schools that the sick leave ends, etc.)
Sick leave period determined solely by medicalcertificates signed by a registered medical practitionerand should be strictly adhered to
Valid MC to support sick leave applications exceeding 2days (SAG)
Paid sickness days accrued during the sickness period (if any) can be credited to the teacher’s sick leave balancewhen his/her sick leave ends and his/her service resumesnormal
43
31
PAID SPECIAL LEAVE / NO PAY LEAVE
Any formulated policies and principles in processingapplications to ensure impartiality and consistency?
Will the administration/operation/learning andteaching of the school be affected?
What are the grounds/justifications?
Is the teacher concerned to tackle an affair whichcannot be avoided and cannot be handled by asubstitute?
What are the reasons for not participating in suchactivities on non-school days?
32
NO PAY LEAVE
Seek approval of PS(Ed) for teacher’s P-fund accounts keeping open
Defer of date of increment:
16 – 45 days -> defer one month
46 – 75 days -> defer two months
… so on
School takes responsibility to fulfill statuaryrequirements
Extension of no pay leave
[Compendium to CoA : Section 7A, 10] 33
LEAVE RECORDS
34
Keep the staff leave record up-to-date
Send leave record of teachers to EDB yearlyin August for PS(Ed)’s endorsement
REFERENCE ON LEAVE MATTERS
35
Codes of Aid
EDBC No. 1/2006 “Granting of Leave in Aided Schools”
EDBC No. 16/2015 “Granting of Paternity Leave to Staff inAided, Caput and Direct Subsidy Schools”
EDBC No. 16/2018 “Extension of Maternity Leave for Staff in Aided, Caput and Direct Subsidy Scheme Schools”
School Administrative Guide (Chap 7 – Section 7.5.3, Appendix 8-9)
Employment Ordinance (Cap 57)
Code of Practice on Employment (2011)
Disability Discrimination Ordinance
THANK YOU
36