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Staff Appointment

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Suggested learning time: approximately 70 minutes

This section provides highlights of the thematic seminars organised previously for school managers, so as to facilitate school managers to acquire, from the speakers’ legal explanation and case sharing in the video clips, knowledge related to school operation and governance, with a view to enhancing their governance capabilities.

Disclaimer

Views in the videos are purely shared by the speaker in his/her capacity. They are for reference only and should not be construed as legal advice or recommendation, which schools should obtain in each particular case if necessary.

Before watching the videos, please think about the following questions:

Questions

  1. As the employer of school staff, what roles does an IMC play in human resource management?
  2. What should an IMC pay attention to when formulating human resource management policies?

Video 1

Appointment Matters - Pregnancy Discrimination
(Speaker: Mr. Albert SO, Solicitor)

Appointment Matters - Pregnancy Discrimination

Questions

  1. When a candidate expresses in the interview that she is pregnant, what should the employer be aware of during the interview process?
  2. In maintaining equal employment opportunities, what should an IMC pay heed to?
  3. What should a selection panel note when recording assessment results?

Video 2

Post-termination Restrictive Covenants
(Speaker: Mr. Albert SO, Solicitor)

Post-termination Restrictive Covenants

Questions

  1. What should an employer take note of when drafting post-termination restrictive covenants?
  2. Can an employer draft post-termination restrictive covenants which cover more extensively than the present service scope?
  3. Is it necessary for an employer to impose post-termination restrictive covenants on employees in all positions?  Why?

Video 3

Penalty Clauses
(Speaker: Mr. Albert SO, Solicitor)

Penalty Clauses

Questions

  1. If the employer and the employee have entered into an employment contract and the employee decides not to take up the post before the employment period commences, should the employee terminate the contract by giving prior notice or payment in lieu of notice?
  2. Can an employer include penalty clauses in the employment contract so as to prevent his employees not coming on board?  Why?
  3. Can an employer deduct his employees’ wages or fine his employees for being late for work?  Why?

Suggested Follow-up Activities

Please find out:

  1. in terms of staff appointment, if your school’s employment contracts contain items such as post-termination restrictive covenants and penalty clauses; and
  2. if special consideration is given to pregnant candidates when your school hires staff.

Please read Code of Practice on Employment under the Sex Discrimination Ordinance.

Please read the examples of employment in relation to Sex Discrimination Ordinance on the website of Equal Opportunity Commission.

Please read Education Bureau Circular No. 5/2005 – Appointment of Staff in Schools.

Please read Education Bureau Circular No. 7/2021 – Measures for Strengthening the Protection of Students: Appointment of Teaching and Non-teaching Staff in Schools.

Please read paragraph 7.4.4 in Chapter 7 “Personnel Matters” of the School Administration Guide.

Please find out two to three key points from the above video clips or documents that you think are worth sharing and present them after the IMC meeting for exchanges.


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