INDUCTION PROGRAMME FOR NEWLY APPOINTEDPRINCIPALS2019-20

Granting of Leave, Appointment & Terminationof Staff

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School Development DivisionEducation Bureau12 August 2019

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Leave/ Appointment/ Termination

Principles Mechanism

Cases requiring EDB’s approval Reference

Staff Appointment

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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

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STAFF APPOINTMENTPRINCIPLES

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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

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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

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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

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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”

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APPOINTMENT OF TEMPORARY NET

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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

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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

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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

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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

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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

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The Termination of employment may arise due to

Resignation

Dismissal / Summary dismissal

(including non-renewal of contract)

Redundancy

TERMINATION OF CONTRACT

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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

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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]

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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

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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

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Handling Leave Matters

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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

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LEAVES THAT REQUIRE PS(ED)’SAPPROVAL

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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)

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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

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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?

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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

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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

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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

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