Other Conditions - Provision of Training Services (Note)

Provision of Training Services (Note)

22. Other Conditions

[Other conditions may be added here provided that they are in conformity with the provisions of the Education Ordinance, the Employm ent Ordinance and their subsidiary legislations, the relevant Code of Aid, and the instructions as the Secretary for Education m ay from time to time issue]

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Guideline II.5.4.a

Letter of Appointment -

Teacher under the Enhanced Native-speaking English Teacher Scheme in Secondary Schools

(Two copies of this letter should be signed by the Supervisor) Name of School:

Address of School:

Tel. No.:

Name of Supervisor:

(Full Name in English) Name of Managers:

Name of Principal:

Dear Sir/Madam,

The Man agement Co mmittee of t he __________________________________School (th e Scho ol) hereby offers you an appointment as a teacher in the School from _________________ to _________________

inclusive. The conditions of serv ice in respect of this appointment are set o ut in the attached Memorandum on the Terms and Conditions of Service for Appointment as Teacher under the enhanced Native-speaking English Teacher (NET) Scheme (the Memorandum).

On appointment, you will be remunerated at HK$ _______________ per month (Master Pay Scale point ___ ____* [of th e r eference p ay scale * *]) w ith i ncremental d ate o n ___ ______________ on th e assumption that you assume duty on _________________ as NET in this School. Your acceptance of this offer of appointment signifies your acceptance of the pay point on the appropriate pay scale as offered. Your pay or annual incremental date may be adjusted by the School to take account of any additional relevant qualifications or post-qualification teaching experience that you m ay have in accordance with the prevailing rules prescribed by t he E ducation B ureau for t he g rant of i ncremental credit for expe rience an d on production o f s ufficient documentary evidence of such qualifications or experience. *[You will not be permitted to proceed beyond MPS Point 17 unless you have obtained a postgraduate diploma in Education or an equivalent qualification.]

The assessment results of the academic and teacher training qualifications and the salary particulars stated above are valid only for your appointment under the NET Scheme in secondary schools.

You would have to be subject to a separate assessment if you change to another appointment not under the NET scheme.

Please note that the pay pertaining to each pay point on all the civil service pay scales and the ICAC pay scale is s ubject to reductions from 1 January 2004 and 1 January 2005 in accordance with the adjustments made by the Public Officers Pay Adjustments (2004/2005) Ordinance. You will be subject to the pay reduction with effect from 1 January 2005 following the adjustment to the pay scale relevant to your rank made by the Public Officers Pay Adjustments (2004/2005) Ordinance.

This offer of appointment is conditional upon your *[satisfying a medical examination (which must include a ch est X-ray examination) by an approved medical practitioner certifying that you are medically fit to teach and that you pass the chest X-ray examination and] obtaining the necessary employment visa allowing you to stay in Hong Kong and to work for the School.

…………..

SAMPLE for reference only

No. 50/2000 on Exemption from the Provisions of the Mandatory Provident Fund Schemes Ordinance Cap. 485, a copy of which is attach ed for your information. The gratuity payable for th e contract will b e the sum wh ich, when added to t he employer’s co ntribution to t he M PF S cheme, equal s 1 5% of the t otal basi c sal ary d rawn during the period of the contract.

I attach for your information a co py of the Education Bureau Circular No. 14/2003 concerning the Prevention of Bribery Ordinance (Cap. 201) and the acceptance of advantages and related matters, which applies to you.

If y ou accept this offe r of a ppointment on the term s and conditions set out in t his letter and t he Memorandum, please sign both copies of the Letter of Acceptance and return one copy to me direct or through the Principal. The second cop y is fo r your retention. Unless otherwise provided, this offer of appo intment will automatically lapse if no reply is received on or before . You are advised to give due and proper notice of your intention to leave your present employment.

If you accept this offer, you are required to report for duty at *A.M./P.M. on ___________________.

* [You will be required to attend an induction course to be organized by the Education Bureau for all teachers newly employed under the enhanced NET Scheme, the schedule and programme of which will be announced separately.]

Yours faithfully,

( ) Supervisor

Mr/Ms/Mrs

(Name of teacher offered appointment) Address:

Date

Footnote

* Delete if inapplicable

** Reference pay scale is the pay scale introduced on 1 April 2000 for appointment on starting salaries. The pay scale was not subject to the civil service pay ad justments in 2001 and 2002, but is subj ect to reductions from 1 January 2004 and 1 January 2005 in accordance with the adjustments made by the Public Officers Pay Adjustments (2004/2005) Ordinance. (To be deleted if the pay point does not fall on the reference pay scale.)

…………..

Guideline II.5.4.b.

Letter of Appointment -

Teacher under the Native-speaking English Teacher (NET) Scheme in Primary Schools

(Two copies of this letter should be signed by the Supervisor)

Name of Base School:

Address of Base School:

Tel. No.:

Name of Supervisor of Base School:

(Full Name in English) Name of Managers of Base

School:

Name of Principal of Base School:

Dear Sir/Madam,

The Management Committee of ______________________________________ School (the Base School) here by offers you an a ppointment as a teacher from ___________ ______ t o _________________ inclusive. The conditions of serv ice in respect of this appointment are set ou t in the attached Memorandum on the Terms and Conditions of Service for Appointment as Teacher under the Native-speaking English Teacher (NET) Scheme in Primary Schools (the Memorandum).

During the period of employment, you may be required to perform duties both in the Base School a nd i n t he pa rtner sc hool (t he Pa rtner School) whose pa rticulars are set out below for y our information:

Name of Partner School:

Address of Partner School:

Tel. No.:

Name of Supervisor of Partner School:

(Full Name in English) Name of Managers of

Partner School:

Name of Principal of Partner School:

Note: Th e Base Schoo l and th e Part ner School are co llectively called “th e Schoo ls” in th is letter.

…………..

You will n ormally wo rk in th e Sch ools in a lternate weeks. You will also b e req uired to attend regular professional development workshops and training organized by the Education Bureau.

On appointment, you will be remunerated at HK$ per month (Master Pay Scale point * [of the reference pay scale **]) with incremental date on the assumption that you assume duty on as NET in the Schools. Your acceptance of this offer of appointment signifies your acceptance of the pay point on the appropriate pay scale as offered. Your pay or annual incremental date may be adjusted by the Base Sc hool t o t ake acc ount o f a ny a dditional rel evant qualifications or p ost-qualification t eaching experience th at yo u m ay h ave i n accord ance with the p revailing rules p rescribed by the Edu cation Bureau for the grant of incremental credit for experience and on production of sufficient documentary evidence of such qualifications or exp erience. *[Y ou will no t b e p ermitted to proceed b eyond MPS Point 22 unless you have obtained a postgraduate diploma in Education or an equivalent qualification.]

*[You are required to obtain a Teaching of English as a Foreign Language or a Teaching of English as a Sec ond La nguage (T EFL/TESL) qualification at leas t at certificate lev el within the first t welve months of your employment at your own expenses and in your own spare time. If you fail to obtain the qualification req uired within th e sp ecified ti me, yo ur em ployment may b e term inated up on th e expiration of the first twelve months of the contract.]

Please note that the assessment results of the academic and teacher training qualifications and the salary particulars stated above are valid only for appointment under the NET Scheme in Primary Schools. You would have to be subject to a separate assessment if you change to another appointment not under the NET Scheme in Primary Schools.

Please note that the pay pertaining to each pay point on all the civil service pay scales and the ICAC pay scale is s ubject to re ductions from 1 Ja nuary 2004 and 1 January 2005 in accordanc e with the adjustments made by the Public Officers Pay Adjustments (2004/2005) Ordinance. You will be subject to the pay reduction with effect from 1 Janua ry 2005 following the adjustment to the pay scale relevant to your rank made by the Public Officers Pay Adjustments (2004/2005) Ordinance.

This offer of appointment is con ditional up on y our *[satisfying a m edical ex amination (which must i nclude a ch est X-ray ex amination) b y an ap proved medical p ractitioner certifying that you are m edically fit to teach and th at yo u pass the c hest X-ray e xamination a nd] obt aining t he necessary em ployment vi sa al lowing y ou t o st ay i n Ho ng Kong an d to w ork f or t he Sc hools as specified above.

Subject to the term s as set out in the Me morandum, you will receive a grat uity for the period of service. In addition, unless one of the exemptions specified in the Mandatory Provident Fund Schemes Ord inance (Cap. 485) (MPFSO) is app licable to you , th e em ployer will arrange to m ake contributions for you to a r egistered man datory provident fund (MPF) scheme. Please refer to Paragraph 8 of t he M emorandum for details of t he MPF ar rangements. F or de tails concer ning exemption, please refer to Education Bureau Circular No. 50/2000 on Exemption from the Provisions of the Mandatory Provident Fund Schemes Ordinance Cap. 485, a cop y of which is attach ed for your information. The gratuity payable for the contract will be the sum which, when added to the employer’s contribution to th e MPF Scheme, equals 15% of the total basic salary drawn during the period of the contract.

I attach for your i nformation a copy of the Ed ucation Bu reau Cir cular No. 14/2003 concerning t he Preve ntion of Bribe ry Ordinance (Cap. 201) and the a cceptance of a dvantages a nd related matters, which applies to you.

If you accept this offer of appointment on the terms and conditions set out in this letter a nd the Memorandum, please sign both copies of the Letter of Acceptance and return one copy to me direct or through the Principal of the Base Scho ol. The second copy is for your retention. Unless otherwise provided, this offer of appointment will aut omatically lapse if no re ply is received on or before . You are advised to give due and proper notice of your intention to leave your present employment.

If you accept this offer, you are required to report for duty at the Base School at ________

*A.M./P.M. on _________________________. * [You will be required to attend an induction course to be organize d by the E ducation B ureau for all t eachers newly e mployed under t he NET Schem e in Primary Schools, the schedule and programme of which will be announced separately.]

Yours faithfully,

( ) Supervisor

Mr/Ms/Mrs

(Name of teacher offered appointment) Address:

Date:

Footnote

* Delete if inapplicable

** Reference pay scale is the pay scale intro duced on 1 Ap ril 200 0 fo r appointment on star ting salaries. The pay scale was not subject to the civil service pay adjustments in 2001 and 2002, but is subject to reductions from 1 Janua ry 2 004 and 1 J anuary 2005 i n accorda nce with the adjustments made by the Public Officers Pay Adjustments (2004/2005) Ordinance.

(To be deleted if the pay point does not fall on the reference pay scale.)

Guideline II.5.4.c

Letter of Acceptance (to be completed by the Teacher)

(Address)

(Date)

The Supervisor

(Name of School) (Address of School) Dear Sir/Madam,

I have read and understand the provi sions contained in the Letter of Appointment and the Mem orandum attach ed. I accept the appointm ent under the

*Enhanced Native-speaking English Teacher (NET) Scheme in Secondary Scho ols / Native-speaking English Teacher (NET) Sche me in Pri mary Schools offered in your letter dated on the terms and conditions contained therein. I confirm that I agree to ab ide by m y obligations under these conditions, the Education Ordinance** and its subsidiary legislation, and the relevant Code of Aid#. I also agree to abide by all other instructions as may be issued from time to time by the Secretary for Education concerning government/aided/ special schools.

Yours faithfully,

(Signature) (Name in Block Letters)

* Please delete if inapplicable

** A copy of the Education Ordinance is available in the School for consultation.

# The relevant Code of Aid may be obtained from the School or downloaded from EDB’s website (www.edb.gov.hk).

Guideline II.5.5

Passage Arrangements for Teachers

Appointed under the Enhanced Native-speaking English Teacher (NET) Scheme in Secondary Schools / NET Scheme in Primary Schools

Passages upon appointment

1. A teacher who is employed as NET under the enhanced Native-speaking English Teacher (NET) Scheme in Secondary Schools / NET Scheme in Primary Schools and whose norm al place of residen ce is outside Hong Kong will be reimbursed the actual cost of an econom y class single air p assage by th e most direct route (with or without stop-over en route) (referred to as a STANDARD PASSAGE) from his c ountry of origin to Hong Kong, up to the quoted price of the

STANDARD economy class single air PASSAGE obtained by the School / Base School from an airline company.

2. The cost of similar passages will also be reimbursed, if applicable, for the NET’s spouse, and accom panying children who ar e unmarried and under the age of 18 up to a maximum of 5 persons including the NET.

3. If the NET wants to travel by an indirect route, he may be reimbursed the actual cost of the passage arranged or the quoted price of the STANDARD econo my class single air PASSAGE obtained by th e School / Base School, whichever is the less. Excess passage cost, if any, shall be borne by the NET.

4. If the NET has bought a ticket for return passage, whet her by direct or indirect route, he will be reimbursed 50% of the airfare, or the quoted price of a STANDARD economy class single air PASSAGE obtained by the School / Base School, whichever is the less.

Passages upon completion of contract

5. A NET whose contract upon satisfactory completion is not being renewed will be reimbursed the cost of a STANDARD economy class single air PASSAGE to his country of origin. If the NET has bought a ticket for return passage, whether by direct or ind irect route, he will be re imbursed 50% of the airfare, or the quoted price of a STANDARD econom y class single air PASSAGE obtained by the School / Base School, whichever is the le ss. Reimbursement for similar passages will also be arranged, if applicable, for the NET’s eligib le family members as specified in paragraph 2 above. Such passa ges shall be taken not earlier than two months prior to the completion of the Contract or not la ter than two months after the completion of the Contract.

6. On the expiry of a contract, if the NET is returning to Hong Kong for a new contract, he will be reimbursed the co st of a STANDARD econom y class return air PASSAGE between his country of origin and Hong Kong. Sim ilar reimbursements will also be arranged, if applicable, for the NET’s eligible family members as specified in paragraph 2 above. Such passages should be taken during the summer vacation immediately prior to the expiry of the Contract.

Application and payment

7. Passages should, in the first instance, be booked and paid for by the NET himself.

8. For the outward passage to Hong Kong, the costs will be reim bursed by the School / Base School after the arrival of the NET and his dependents, if any, upon application and o n production of receipted bills and used air tickets. The application for reim bursement should be subm itted within o ne month after the date of travel.

9. Requests for reim bursement of pa ssage co sts at the co mpletion of a NET’s Contract should be submitted, together with receipted bills, one month before the intended date of travel for payment.

Guideline II.5.6

Special Allowance for Teachers

Appointed under the Enhanced Native-speaking English Teacher (NET) Scheme in Secondary Schools / NET Scheme in Primary Schools

Eligibility Criteria

1. A teacher who m eets the followin g elig ibility criteria m ay be eligible for the Special Allowance:

(a) the teacher is offered appointm ent as NET under the enhanced NET Scheme in Secondary Schools / NET Scheme in Primary Schools;

(b) the teacher’s normal place of residence is outside Hong Kong; and

(c) the teacher or his spouse has not al ready received and is not receiving an allowance or any housing benefits f or renting/acquiring accomm odation in Hong Kong under the terms of his or his spouse’s employment.

Allowance

2. A Special Allowance of $10,500 per m onth is provided m ainly for m eeting the housing expenses incurred by the NET in Hong Kong.

3. The allowance shall be credited m onthly in arrears to the N ET’s salary account.

The allowance is no t payable when the N ET is on leave, ex cept as p rovided in para.4 below.

4. A NET on full-pay leave m ay continue to re ceive th e allowance during such leave for a maximum period of 60 days on each occasion. A female NET on full-pay maternity leave may also continue to receive the allowance during the whole period of such leave.

Penalties

5. A NET m ay render him /herself liable to disciplinary/legal proceedin gs and/or disqualification from receiving Special A llowance if he is found to secure o r have secured an allowance by misrepresentation or deception.

6. The Per manent Secretary for Education shall have the absolute right an d discretion to refuse any applica tion for Special Allowance or to discontinue the payment of an allowance without assigning reasons thereof.

7. In the event of any dispute in the ex ercise of the right and discretion, the Permanent Secretary for Education’s decision shall be final.

8. Notwithstanding anything contained in this guideline on the Special Allo wance, the Perm anent Secretary for Education res erves the righ t to alter any of these regulations should he at any time consider this to be necessary.

9. All NETs who have commenced to receive the Special Allowance are required to

observe and to be thoroughly acquainted w ith the regulations pertaining to the allowance.

Application and payment

10. A NET who m eets the eligibility criteria under paragraph 1 above m ay apply to the School / Base School for the Special Allowance by using the standard

application form available at the School.

Guideline II.6

Extracts from Disability Discrimination Ordinance (DDO):

Code of Practice on Employment

Requests for information including medical information

12.10. Under the DDO, it is unlawful for e mployers to request inform ation from persons, which persons without a disability would not ordinarily be requested to provide, for the purpose of discriminating on the basis of a disability.

12.11. It is also unlawful for an e mployer to request medical inform ation for the purpose of discriminating against applicants for a job on the basis of disability.

12.12. However, it is not unlawful for e mployers to request m edical information where such information is necessary to determine:

(i) whether an applicant is able to carry out the inherent requirements of the job; or (ii) whether an applican t would require service s or f acilities n ot required by a person without a disability.

12.13. Where medical information is required by an employer, the employer should:

12.13.1 remember that, in m ost cases, having a disability does not adversely affect a person’s general ability:

12.13.2. avoid asking (either in application fo rms, interviews or through other m eans) questions of a m edical nature, unless direc tly relevant to the perform ance of the inherent requirements of the job; and

12.13.3. ensure that any decision based on such in formation relates too a person’s ability to do the work.

12.14. In respect of pre-em ployment medical examinations required by an e mployer, the employer should also ensure that:

12.14.1. the medical information is relevant to the particular duties and responsibilities of the job;

12.14.2. where the applicant is not hired or offe red the job after the m edical examination reveals a disability, the decision not to employ is based on the pe rson’s inability to perform the inherent requirements of the job; and

12.14.3. no reasonable accommodation was available to enable the applicant to perform the inherent requirem ents of the job, or that accommodation would impose an unjustifiable hardship.

12.15. Under the DDO, it is not unlawful to discrim inate ag ainst a person who has an infectious disease and th e discrimination is reaso nably necessary to protect public health. ³' Infectious diseases are set out in the First Sc hedule to the Quarantine and Prevention of Disease Ordinance, and also include any comm unicable disease specified by the Director of Health. Fo r the avoidance of doubt, HIV infection is not an infectious disease for the purposes of section 61 of the DDO.

SAMPLE for reference only

Guideline II.7.a

Guidelines for Appointment of Substitute Teachers in Aided Schools

Schools may access the “Guidelines for Employment of Substitute Teachers in Aided Schools” on the “Supply Teacher” website in the Education Bureau’s homepage (Home > Teachers Related >

Appointment & Related Matters > Supply Teacher).

Guideline II.7.b

Guidelines for Appointment of

Daily Rated Non-teaching Supply Staff in Aided Special Schools General Guidelines for Employment

1. The eligible periods for the employment of various non-teaching staff in aided special schools are summarized as follows:

Type of Supply Staff Eligible Period Nurse (School Section) One day or more Nurse (Boarding Section) More than two days

Houseparent More than two days

Boarding Service Master/Mistress II More than two days

Cook More than two days

Assistant Clerical Officer/Clerical Assistant (School Section with only one clerk)

Not less than 14 days

Special Driver/Motor Driver One day or more Teacher Assistant Not less than 14 days

2. The qualifications req uired for a non-teaching supply staff, if applicab le, sh ould be in accordance with those stipulated in the Code of Aid for Special Schools.

3. In case of applicants with overseas qualification(s), school heads must consult their respective Senior School Development Officers in the first instance, and refer them for qualifications assessment if necessary.

4. A non-teaching supply staff’s service on a daily ba sis is purely for relief duties and cannot, in any way, be regarded as service for any other purpose including incremental credits.

5. Schools are advised to:

(a) check carefully particulars on the application form against originals, in particular Identity Card and qualification documents; and

(b) check qualifications to determine the rate of pay.

6. Before a non-teaching supply staff takes up the job, he/she should be advised of the following:

(a) the number of days or p eriod for which th e supply staff will be em ployed. The pe riod may be extended subject to consent of both parties;

(b) he/she is liable to disciplinary sanctions if he/she neglects or willfully refuses to perform his/her duties or in any manner misconducts himself-herself;

and

(d) he/she is paid at a daily ra te accordingly to the rate s et by the Education Bureau (EDB) and the number of days actually wor ked. Payment for the days covered will be made in arrears.

General Guidelines on how Non-teaching Supply Staff is Paid

1. The daily rates of pay for non-teaching suppl y staff are announced by EDB regularly. Schools should make prompt payments to their supply staff and then claim reimbursement from EDB.

A supply staff on a daily basis will be paid according to the number of days actually worked.

He/she is entitled to rest da ys and school holidays but these days will not be counted for payment.

2. The daily rates of pay for non-teach ing supply st aff may change from time to tim e. Schools are advised to update the daily rates of pay when revision is announced by EDB.

3. In case of applicants with overseas qualification(s), school heads must consult their respective Senior School Developm ent Offi cers in th e f irst in stance, and ref er th em f or qualif ications assessment if necessary.

4. In case of doubt concerning the daily rate of pa y for a supply staff, school heads should seek advice from their respective Senior School Development Officers.

5. Schools should send the claim for ms to th e Subvention Accounts S ection of EDB for reimbursement. It is not necessary to send the appointment forms and copies of the certificates of the supply staff.

6. Copies of the Appointm ent For m for Non-te aching Supply Staff, Receipt of Non -teaching Supply Staff and Claim Form for Reim bursement of Salaries for Non-teaching Supply Staff are available at the icon of ‘Forms’ on EDB Homepage.

在文檔中 Guidelines and Forms related to Codes of Aid for Aided Primary, Secondary and Special Schools (頁 68-86)