TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 304

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HONG KONG LEGISLATIVE COUNCIL 11 May 1988

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SECRETARY FOR EDUCATION AND MANPOWER: Sir, under the provisions of the Employment Ordinance, an employee may terminate his contract of employment without notice by paying the employer an amount equal to the employee's wages during the period of notice specified in the contract. In the case of aided school teachers, the codes of aid provide for a teacher who resigns without notice to pay back one month's salary. If a teacher, after giving proper notice, thereafter terminates the contract, the Employment Ordinance provides that he should pay the employer an amount proportional to the unexpired period of notice.

Because there was some doubt as to whether the codes of aid for schools were in line with the Employment Ordinance, the Education Department sought legal advice. The advice received was that a teacher who terminates his employment without giving the required period of notice should be liable to pay to the school an amount equivalent to his wages for the full period of notice. Where the teacher gives insufficient notice he should be liable to pay to the school an amount equivalent to his wages for the balance of the period of notice. As a result, the Education Department issued a circular amending the codes of aid.

As this was felt to be a technical amendment to bring the codes of aid more closely in line with the law, consultation was not thought to be necessary. Nevertheless, at a meeting with the Education Department on 15 December, the schools councils were informed of the proposed amendments. The change as announced was intended to provide schools with amended guidelines applying to new contracts. Existing contracts were not affected.

In view of the considerable interest which this change has generated, the Education Department has now arranged for meetings with the schools councils and teachers' associations to clarify the issue and to resolve any problems. Meanwhile, the circular has been withdrawn pending this consultation.

Sir, I turn now to the question of maternity leave. Under the Employment Ordinance, an employer is required to give six weeks' post-natal leave. The codes of aid, however, state that a teacher may return to work between four and six weeks after giving birth, subject to medical advice. After consultation with the Commissioner for Labour, it was clear to the Education Department that a teacher must be given the legal minimum of six weeks' post-natal leave. The codes of aid have therefore been amended to provide for this, and school managements have been so informed. Since this was a legal requirement, no consultation was felt to be necessary. The Education Department is now studying the implications for existing contracts.

MR. SZETO (in Cantonese): Sir, I am glad to know that the Education Department has already withdrawn the circulars two days ago. And I am also glad to hear that the Education Department will arrange meetings with the school councils and the