Appointment and termination of employment

(Extracted from Code of Aid, Education Department)


Probationary Period

A teacher on first appointment to an aided school shall serve a probationary period of two years, after which the employment of such teacher shall be permanent, subject to such provisions regarding termination of employment as may be contained in such teacher's contract of service or letter of appointment.


Resignation or termination of employment

1. During the first month of the probation, resignation and dismissal can be effected upon notification. Prior notice or salary in lieu of notice is not required from either party.

2. After the first month, the employment of a teacher who is serving a period of probation shall be terminable by the giving of one month's notice either by the Management Committee of the school at which such teacher is employed, or by the teacher.

3. The employment of a teacher who has satisfactorily completed a probationary period shall be terminable by the giving of three months' notice in writing by the Management Committee of the school or by the teacher.

4. A teacher who terminates his employment without having given such notice of intention so to terminate as may be required by the terms of the Code of Aid or of the contract of service to his employment, shall be liable to pay one month's salary in lieu of notice, to be credited to the school's Salaries Grant Account.


Procedure to be followed in case of Dismissal or Termination of Appointment of a Teacher

(As spelt out in Appendix 17- Code of Aid for Secondary Schools or Appendix 16 - Code of Aid For Primary School).

The procedure to be followed by the Management Committee of a school should be as follows:

1. The teacher concerned should be given a warning, or warnings that his work is unsatisfactory. This should be recorded in school files.

2. If no improvement in the teacher's work is noticeable after an appropriate period then a formal written warning embodying relevant criticisms should be given to the teacher, and a copy of this letter should be forwarded to the Director for information. This should be recorded in the school files.

3. On receipt of this letter the Director shall investigate the circumstances.

4. If the teacher after receiving the warning letter still shows no improvement after an appropriate period, normally not less than one month, and the Management Committee intends to dismiss him or not to renew his contract after the date of expiry, the Supervisor shall so inform the Director.

5. In each case of dismissal of a teacher, a sufficient period of notice of termination of employment must be given in accordance with Section 56 (Code of Aid for Secondary Schools) or Section 58 (Code of Aid For Primary School).


Dismissal or Termination of Appointment of a Teacher in the middle of the academic year during probationary period

As above, the procedures relating to Dismissal or Termination of Appointment of a teacher as spelt out in Appendix 17 (Code of Aid for Secondary Schools) or Appendix 16 (Code of Aid For Primary School).


Dismissal or Termination of Appointment of a Teacher at the end of the first and second academic year during probationary period

If a teacher is still found by the Management Committee to be performing his duties in an unsatisfactory manner (including personality, character and philosophy of education), and showing no improvement in his work after being advised, the Management Committee can opt for any one of the following three measures :

either

1. To follow the procedures with regard to Dismissal or Termination of Appointment of a teacher as spelt out in Appendix 17 (Code of Aid for Secondary Schools) or Appendix 16 (Code of Aid For Primary School).

2. A verbal warning can be given to the teacher by the Principal. The content of the warning should be noted down in the school record for future reference. The teacher, to whom the warning is given, may note down the content of the warning for his own reference and improvement.

3. After informing verbally the teacher of his shortcomings, the Principal may serve the teacher a written letter, listing the weaknesses mentioned in their discussion, and may ask the teacher to sign in acknowledgment of the letter.

For the Management Committee opting for 2 or 3, the following points should be observed:

i. It is unnecessary for the Management Committee to notify the Director of such verbal warning(s). However, the record(s) should be made available for inspection by the officers of the Education Department, if and when required;

ii. The written letter should be copied to the Education Department for record purposes. The Director may investigate at the request of the teacher concerned; and

iii. If the teacher concerned takes no notice of the verbal warning(s), the Management Committee may terminate the appointment of the teacher by giving one month's notice at the end of the school year.