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*** The EDB NET Admin Team has confirmed that the following documents are "applicable
to 2024/25 school year" i.e. 2024-26 contracts.
There are five separate documents relating to NET appointment in Aided and
Special schools that get published
on the
EDB NET Scheme - Appointment Matters website:
1.
EDB Circular "NET Scheme in Primary Schools
Letter of Appointment"
- Current Version:
EDB Circular Nos. 7/2013, 29 May
2013.
SNET Version: EDB Circular Nos. 8/2013
- Outlines basic arrangements for preparing a NET
contract and a form that schools must send to the EDB with details of the
contract offered.
- The 2013 circular remains in force as it has not been updated since.
- Up until 2013, this document used to be updated, reissued and sent to
schools every year.
- From 2014, schools are expected to retrieve this and all
other contract documents from the EDB website for themselves.
The CONTRACT itself (3 separate documents):
2a.
"Specimen Letter Offering Appointment"
- Current Version:
Specimen Letter of Appointment Primary 2022.pdf (No Ref Number).
SNET Version: No Ref Number
- Template for schools to use detailing contract period, visa
requirements, length of contract etc.
- Should have the memo and acceptance letter detailed below attached to
it.
- Makes reference to the "Acceptance
of Advantages and Donations Circular (EDBC22003E)".
More info on the bribery ordinance and acceptance of advantages
here.
2b. "Memorandum on the Terms and Conditions of Service for Appointment as
Teachers under the NET Scheme in Primary Schools
(applicable to 2024/25 school year)"
- Current Version:
MOCS_201920_Primary Schools.pdf (Ver.:
May 2019).
SNET Version (Ver.: May 2019)
- The major contract document that sets our terms and conditions on offer.
- No updates since 2019.
- In May 2019, the document was
updated to reflect the new maternity leave
arrangements and make reference to the Code of Aid for standard rules.
- In August 2016 the document was updated to reflect an
adjustment to the rate of
Special Allowance, but retained the same filename.
A version reference was also included at the bottom of every page
(as agreed during
liaison with the HKPNETs Forum).
- Before August 2016, due to the lack of version reference or date on the document
it was difficult to determine which version was which. These are key sections that can be
looked at to try to determine which year a contract document was produced:
2013: "2.4 All NETs should, before appointment, fulfil [sic] all
the appointment requirements for the NET posts in primary school"
2014: "2.4 All NETs should, before appointment, fulfil [sic] all
the appointment requirements for the NET posts in primary schools as stipulated in the prevailing Circulars, Circular Memoranda, letters
and guidelines issued by the Education Bureau (EDB)."
2015: "1.3 For the purposes of the Contract: (a) Contract Period means the
Appointment Contract Period, as extended by each Extension Contract Period
(if applicable); and (b) Extension Contract Period means each period by
which the Contract Period is extended in accordance with paragraph 21.3.
2016 May to August: "1.3 For the purposes of the Contract: (a) Contract Period means the
Appointment Contract Period, as extended by each Extension Contract Period
(if applicable); and (b) Extension Contract Period means each period by
which the Contract Period is extended in accordance with paragraph 21.3.
2016 August onwards: see version reference at the bottom of each page
2c.
"Letter of Acceptance"
- Current Version:
Specimen Letter of Acceptance_Primary.pdf (No Ref Number).
SNET Version
(No Ref )
- Template for schools to use to gain an employee's agreement to the
contract on offer.
- Makes reference to the
"Education Ordinance" and
"Code of
Aid".
3.
"Attachment C - Reply Proforma"
- Current Version:
Attachment C - Reply Proforma of Teachers Employed under the NET Scheme in
Primary Schools (No Ref number).
SNET Version
(No Ref )
- Must be faxed to EDB NET Admin Team to inform them
of new contract agreement. If not done, SA and RI will not be paid.
---------------
Full versions of PNET Letter of Appointment documents that include the 4
documents 1, 2a, 2b and 2c can be viewed here:
Aided, Special:
2019 thru 2024,
2016 thru 2018,
2015,
2014,
2013,
2012,
2011,
2010,
2009,
2008,
2007,
2006,
2005
(from 2014 onwards, separate documents have been merged into a single file
to replicate the contract document format pre 2014)
Government:
2015
Differences to Aided)
(No other versions available as they are not generally available)
---------------
|
| MOCS Table of Contents
(Aided, Special Schools): 2019 thru 2024, 2016 thru 2018, 2015, 2014, 2013 |
Cert. of No Criminal Conviction
Cert. of Service
Contract Period
Baggage Allowance
Duties
Extension Beyond 60
Flights
Fringe Benefits
Further Employment
Gratuity
Increments
Injury and Deaths Benefit
Leave
Medical Allowance
MPF
Passage |
None
Section 16.5
P3
Section 10
P2,P4, Section 3
Section 14
Section 9
Sections 8-12
Section 21
Section 6
Section 5
Section 20
Section 13
Section 12
Section 7
Section 9 |
Pension
Registration
Renewal
Resignation
Retention Incentive
Salary and Increments
Sick Leave
Special Allowance
Special Leave
TEFL/TESOL Requirement
Terminal Leave
Termination of Contract
Unpaid/nopaid Leave
Work Outside School
Working Visa
X-Ray |
Section 7
Section 2.5
Section 21
Section 15
P2, Section 6
Section 5
Section 13.1,22
Section 11
Section 13.4
None
Section 13.6
Sections 16-19
Section 13.5
Section 4
Sections 2.6,2.7
Section 2.3 |
2012 ToC
Cert. of No Criminal Conviction
Cert. of Service
Contract Period
Baggage Allowance
Duties
Extension Beyond 60
Flights
Fringe Benefits
Further Employment
Gratuity
Increments
Injury and Deaths Benefit
Leave
Medical Allowance
MPF
Passage |
None
Section 16.6
P3
Section 10
P2,P4, Section 3
Section 14
Section 9
Sections 8-12
Section 21
Section 6
Section 5
Section 20
Section 13
Section 12
Section 7
Section 9 |
Pension
Registration
Renewal
Resignation
Retention Incentive
Salary and Increments
Sick Leave
Special Allowance
Special Leave
TEFL/TESOL Requirement
Terminal Leave
Termination of Contract
Unpaid/nopaid Leave
Work Outside School
Working Visa
X-Ray |
Section 7
Section 2.4
Section 21
Section 15
P2, Section 6
Section 5
Section 13.1,22
Section 11
Section 13.4
None
Section 13.5
Sections 16-19
Section 13.4
Section 4
Sections 2.5,2.6
Section 2.3 |
2011 ToC
Cert. of No Criminal Conviction
Contract Period
Baggage Allowance
Duties
Extension Beyond 60
Flights
Fringe Benefits
Further Employment
Gratuity
Increments
Injury and Deaths Benefit
Leave
Maternity Leave
Medical Allowance
MPF
Passage |
Section 3
P3
Section 13
P4, Section 6
Section 17
Section 12, P23-24
Sections 11-15, P23-26
Section 24
Section 9
Section 8
Section 23
Section 16
Section 16.2
Section 15
Section 10
Section 12, P23-24 |
Pension
Registration
Renewal
Resignation
Retention Incentive
Salary and Increments
Sick Leave
Special Allowance
Special Leave
TEFL/TESL Requirement
Terminal Leave
Termination of Contract
Unpaid/nopaid Leave
Work Outside School
Working Visa |
Section 10
Section 4
Section 24
Section 18
Section 9
Section 8
Section 16.1
Section 14, P25
Section 16.3
P5, Section 2
Section 16.5
Sections 19-22
Section 16.4
Section 7
Sections 5.4,5.5 |
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Attrition Rate Summary By Contract Cycle
| Odd Year Contract Cycle |
|
2023 |
2021 |
2019 |
2017 |
2015 |
2013 |
2011 |
2009 |
2007 |
2005 |
| PNET |
9% |
11% |
11% |
13% |
15% |
16% |
12% |
24% |
11% |
16% |
| SNET |
7% |
13% |
8% |
9% |
10% |
12% |
16% |
19% |
17% |
27% |
| Even Year Contract Cycle |
|
2022 |
2020 |
2018 |
2016 |
2014 |
2012 |
2010 |
2008 |
2006 |
| PNET |
18% |
16% |
14% |
9% |
16% |
12% |
16% |
Not Known |
20% |
| SNET |
16% |
9% |
10% |
8% |
12% |
16% |
21% |
Not Known |
19% |
The 'Attrition Rate' is defined as the percentage of the
number of NETs leaving the NET Schemes on completion
of contract [Total Wastage] out of the total number of NETs completing
contracts in that particular school year.
'Total Wastage' also describes the number of positions available to be filled
by new NETs either from
the EDB candidate pool or from direct hire by schools.
Non-Renewal of Contract (Churn) By Contract Cycle
| Odd Year Contract Cycle |
|
2023 |
2021 |
2019 |
2017 |
2015 |
2013 |
2011 |
2009 |
2007 |
2005 |
| PNET |
57 |
45 |
57 |
Not Known |
44 |
Not Known |
63 |
59 |
53 |
67 |
| SNET |
47 |
50 |
62 |
Not Known |
40 |
Not Known |
54 |
34 |
Not Known |
83 |
| Even Year Contract Cycle |
|
2022 |
2020 |
2018 |
2016 |
2014 |
2012 |
2010 |
2008 |
2006 |
| PNET |
58 |
46 |
51 |
26 |
43 |
50 |
56 |
67 |
40 |
| SNET |
68 |
55 |
55 |
32 |
41 |
62 |
64 |
68 |
95 |
'Non-Renewal of Contract' is the total number of NETs whose
contract was not renewed by the school or
who chose not to renew their contract, but who remained in the NET Scheme by
taking up a contract at another school.
Detailed Data
|
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In early May, the
Rating and Valuation Department publishes actual data for '1. Private
Domestic - average rents by Class' for the previous year (up until this time
published data is provisional). On publication of this data, the EDB NET Admin
Team commences the Special Allowance (SA) Review...
In Mid-May, the EDB NET Admin Team calculates the average change in rental
prices in 'Class C accommodation (70m2 to 99.9m2)' - the middle of five size
categories - from the published data. It then compares that average to the last
time there was a change in SA, the baseline year. Simulated calculations can be
viewed here. If the difference is less than 10% the SA Review concludes and there is no
adjustment to the SA. If the difference is 10%+ then the SA Review enters its next
stage...
In Jun-Aug, the EDB considers the % difference figure alongside
attrition rates and
affordability to the Government to
determine what, if any, adjustment should be made to the SA. In early Aug, Any
adjustment to the SA rate together with
how it is to be implemented is
announced to schools via an
EDB Circular Memorandum
published on the EDB website and via an equivalent update to the
'NET Scheme - Remuneration Package' website.
Summary of Adjustments Listed by year of rental price change:
Full details of the
history
of changes to the rate of Special Allowance is available in the
Special Allowance History of
Reviews Section. Announcement of SA Review Decision Up until 2013, any change in the SA
rate was announced by the EDB to all schools via a direct Circular Memorandum in June, with the SA review
decision also being reported during a meeting with Nesta also in June.
Since 2014, the decision is announced by the EDB to all schools via an
EDB Circular Memorandum
published on the EDB website and via an equivalent update to the
'NET Scheme - Remuneration Package' website.
Following
discussions with The HKPNETs Forum, the EDB kindly informs The HKPNETs Forum
and Nesta via email of the publication of Circular Memorandums.
Implementation of an Adjusted SA Rate Any adjustment to the rate of Special Allowance is only applied to newly-singed
contracts and to those extending their contract. Mid-contract NETs remain on the
existing rate stated in their contract until signing a new/renewed contract in
the following year. The EDB has occasionally in
the past decided to apply the adjustment to all NETs
due to "special circumstances" but the de facto position is that EDB is mandated
to follow the LegCo approved contract-based adjustment mechanism. The
Adjustment Mechanism
from Nov 2003 states:
7 The Administration proposes to
(c) apply the above new Special Allowance rate to serving NETs when
their contracts are renewed, and to any newly recruited NETs starting
from the 2004/05 [next] school year. The rate is to be adjusted
annually, but the same rate will hold for the duration of the contract
period of two years for any particular NET
The
standard letter of appointment has always reflected this policy:
11. Special Allowance
The NET may be eligible for a monthly allowance of HK$nn,nnn which is
fixed over the Contract period. The rate of the allowance is subject to
adjustment according to the prevailing rate upon the NET entering into
further employment under the Scheme.
In 2005, a
policy clarification stated that this approach "was intended to provide
certainty to NETs so that they know the level of Special Allowance
throughout their entire two-year contract" due to an ongoing "declining trend" in
rental values from 1997-2005. This approach was
understood and considered sensible by Nesta.
In 2014, the EDB stated that
the EDB is obliged to follow the established LegCo approved mechanism"
and reiterated that the implementation approach
provides certainty to those NETs in the middle of their contract given that
the SA is subject to both upward and downward adjustment. In exceptional,
unique circumstances it may exercise discretion to provide a more
favourable benefit than that stated in the contract after due consideration
of the individual merits of each unique situation. Nesta first
petitioned for the SA Mechanism to be upheld and then
petitioned for adjustments to apply to all eligible NETs employed under
the EDB's Enhanced NET Scheme irrespective of contract renewal date. Lee Weston and other NETs on extension contracts
petitioned for adjustments to be made to new contract extensions in line
with the legal status of previously and newly signed contract agreements.
Since
2015, a further policy clarification has been included in the standard
letter of appointment.
11. Special Allowance
The NET may be eligible for a monthly allowance of HK$nn,nnn which is
fixed over the Appointment Contract period. The rate of the allowance is subject to
adjustment according to the prevailing rate:
(a) upon the NET entering into a new contract of employment under the
NET Schemes; or
(b) upon the commencement of the Extension Contract Period.
Impact of Implementation The rate of change of rental prices determines the frequency of adjustment
of the rate of SA. The SA Mechanism compares current rental values to the
previous time the SA was changed. Whether a change in SA rate occurs in even
or odd years therefore depends on the speed with which rental values are
increasing or decreasing. Given a standard increasing/decreasing rate of
change in rents, over the first year following a change in SA rate it is
unlikely that a 10% change in rental values will occur. Over a two-year
period it is more likely, and over a three year period it is even more
likely etc.
The history
of changes shows that the SA rate changed in 2004, 2005, 2008, 2009,
2011 and 2014 - a mixture of even and odd years.
Taking the example of "odd-year" contracts, for the 2004/5 adjustment from
$13,000 to $10,500, those NETs renewing contracts in 2005 ("Odd-year NETs")
benefited to the amount of +$2,500 per month for one year by not receiving
the decrease NETs renewing in 2004 received. For the 2014/5
adjustment from $16859 to $19081, those NETs renewing contracts in 2015 (the
same Odd-year NETs) lost out to the amount of -$2,222 per month
for one year by not receiving the increase those NETs renewing in 2014
received.
Cumulatively, therefore, Odd-year NETs incurred a total loss of -$278 per
month for one-year, the equivalent of -$3,336 in total over an eleven year period.
SA Definition Details of the definition of the Special Allowance are
available in the Special
Allowance Section. Full History of Adjustment Mechanism (Click
Here for History of SA Adjustments Since 1997) A fixed rate Special Allowance (SA) was
proposed by the EDB and
authorised by the LegCo Finance Committee
on 12 Nov 1997 at the commencement of the NET Scheme in secondary schools.
An 'Adjustment Mechanism for the Special Allowance' was
outlined by the EDB in Nov 2003 and
authorised by the LegCo Panel on Education
on 17 Nov 2003:
(a) suitably adjust the rate of the Special Allowance by taking into
account the cumulative change in the local private housing rental index
since the present Special Allowance rate was set [the baseline] (b) introduce a mechanism
to adjust the Special Allowance rate annually by applying the yearly
percentage change of the local private housing rental index to the Special
Allowance rate. SEM will make annual adjustments in accordance with the
mechanism in future; and (c) apply the above new Special Allowance rate to
serving NETs when their contracts are renewed, and to any newly recruited
NETs starting from the 2004/05 school year. The rate is to be adjusted
annually, but the same rate will hold for the duration of the contract
period of two years for any particular NET.
A
10% trigger clause, the use of a different rental index and the transfer of responsibility for the adjustment
decision to the SEM were
proposed to the LegCo Education Panel by the EDB in Oct 20051,
finalised by the EDB in Nov 2005 and
authorised by the LegCo Finance Committee
on 18 Nov 2005:
Monitor rental movements in conjunction with the attrition rates, and
adjust the special allowance when that situation has changed significantly,
say when the fresh-letting rental prices change by 10% or more, taking into
account the rental expenditure pattern, the type and location of
accommodation of typical NETs, average fresh-letting rental prices, the
attrition rate and the affordability of the Government.
(a) a typical accommodation at a size of 70m2
(b) the relevant territory-wide average fresh-letting rental prices from the
"Private Domestic - average rents by Class" surveyed by the Rating and
Valuation Department.
In Aug 2009, in a
LegCo Panel on Education paper2, the EDB clarified the operation
of the baseline for comparative rental prices as referring to the last
adjustment in SA rather than an annual figure:
The average rental prices since the last SA adjustment in 2007 would be
used as the base line for the next SA review.
In 2014,
the EDB stated that Class C accommodation figures are used with reference to
the base year of the previous change in SA rate alongside two other "major
factors":
(i) the average fresh-letting rental prices in 2013 (according to figures
retrieved from the Rating and Valuation Department, an increase ... in Class
C accommodation over that in 2010, based on which the SA was last adjusted),
(ii) the attrition rates of NETs in recent years, and
(iii) the affordability of [sic] the Government
In summary, if the average change in rental prices compared to the last base
year shows a 10% increase, a SA review is triggered during which the EDB
considers that average increase alongside attrition rates and affordability to
determine the final adjustment.
The EDB-calculated change-in-rental-prices data calculation used in this process
are not made public, however simulated calculations can be
viewed here.
The EDB has confirmed (by email, 2 Apr 2015) that the source data is the '1.
Private Domestic - average rents by Class' spreadsheet published on the
Rating and Valuation Department website. This data only
becomes available in mid-May, 5 months after the end of the calendar year, at
which point the SA Adjustment Mechanism review commences. The SA review
is always retrospective, whilst any associated SA adjustment is applied in the
following year i.e. the 2015 SA review takes place in mid 2015 using 2014 data,
with any SA rate change being applied in the next contract cycle 2015/17 starting in Aug
2015. 1. In
May/June/July 2005, three representations (1,
2,
3) were made by the Nesta
Special Allowance and Gratuity Committee
to LegCo proposing that the adjustment mechanism "should not be based
solely on the CPI, but should take into account the actual expenses that
expatriates in HK face, including the rental index for non-owners and education
fees with further consideration of the recent tax increase in assessable income,
school fees (ESF, private international schools), medical insurance, work/living
conditions, family/children extra-curricular activities fees (school bus;
compulsory swimming lessons, art materials, school camps, computer textbooks,
library sponsorship and class trips; sporting, recreational and entertainment
fees), and increase in Helpers' salaries (necessity for many NETs, NETWiKs have
to employ helpers in order to be free to perform their duties)". The proposal
also included an increased gratuity of 25% and a 5-year long service payment.
2. This new baseline was "agreed
with Nesta" |
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