Since 2020, following a report from the 'Task Force on PD for Teachers', there remains a soft indicative recommendation of 150 hours of PD over 3 years, but within that is a new mandatory requirement of 30 hours' PD over 3 years for existing teachers, including NETs (or 90 hours over 3 years for new teachers).

Mandatory/Non-Mandatory Hours

The current situation for existing NETs (confirmed by the EDB in May 2021), is therefore:

- A mandatory 30 hours' PD over 3 years split into 3 categories.
  -- "Teachers' Professional Roles, Values and Conduct":
      6+ hours via the EDB Training Calendar with targeted content
         -- see the 'All teachers (core)' tab for a list of courses including this one in July 2021.
  -- "Local, National and International Education Issues":
      6+ hours via any NET Section centralised PD course.
  -- The remaining balance:
      Up to 18 hours via any PD, including eLearning and non-EDB courses, as long as it is certified by schools.
      School-based PD provided by schools/Ts can be included (see EDB Circular 6/2020, Annex 3, Para. iii),
      but it is up to principals to decide what can/can't be counted as non-EDB PD within their school.     

- A recommendation (not a rule) of a further 120 hours' PD over 3 years.
  -- It is up to schools to decide whether and how to apply the recommendation.
  -- It may apply to NETs, it may not.
  -- Teachers and schools should decide together what is appropriate for a given context.
  -- It is not just courses that count but also lots of different PD activities (see below).

Under school-based management, schools are responsible for formulating and managing PD policy. Before 2020, some schools chose to apply the same PD rules for NETs as for LETs, some did not. With the introduction of mandatory PD in 2020, and the likelihood of future EDB school inspections checking school records of such PD, it is probable that schools will apply the same mandatory PD rules for NETs as for LETs. Some schools may choose to continue to apply the same rules on recommended PD for NETs as for LETs, others may not.

Government schools are different as they are managed by the EDB, so have rules defined by the EDB.

The NET Scheme, under school-based management, does not set rules about PD other than saying in the Deployment Guidelines that professional duties should be "Attending professional development activities" and that "NETs and LETs should be encouraged to attend professional development programmes". It does not require PNETs to attend a certain amount of PD each year (confirmed by the EDB in May 2020). Enforcement of the new mandatory PD requirement is, also, not within the remit of the NET Scheme, although PNETs may be encouraged to undertake NET Section CPD to address assumed school-based policy targets on mandatory PD.

What Counts as PD for Non-Mandatory Hours
If you're struggling to find PD to fill in your 50 hours its worth reading the COTAP 2003 report Appendix E, the COTAP 2006 report section 3.26, the COTAP 2009 report section 4.10, the EDB's Principals' Induction Programme 2013/14 - CPD to Support School Development page 9  and the PNET Deployment Guidelines page 4 and page 9.

These state that a whole range of activities, other than just courses, can count toward PD hours:
- mentoring other teachers
- running PD at school
- sharing good practice
- school visits
- school-based projects
- voluntary work
- lesson observation
- and co-planning.

Some schools may place a maximum number of hours that can be counted for some activities e.g. 10 hours' co-planning.

History of the Soft Indicative Recommendation of 150 hours of PD Over 3 Years For All Teachers

In 1993 an advisory board was set up called Advisory Committee on Teacher Education and Qualifications (ACTEQ) "to provide a single source of authoritative advice to Government on teacher education programmes, and on qualifications acceptable for teaching purposes". In 2013, the committee was renamed Committee on Professional Development of Teachers and Principals (COTAP).

The ACTEQ/COTAP Committee has produced three reports (2003, 2006, 2009) containing a framework of rules with a recommendation of 150 hours of PD over 3 years. The latest version from 2009 states the following (it's a long quote, but worth reading to fully understand what counts as PD hours):

"The Teachers' CPD Framework
2.1 To foster a culture of teachers' CPD, ACTEQ released "CPD Document 2003" in November 2003 and proposed a teachers' CPD framework. The aim was to institutionalise the practice of teachers' CPD to encourage all teachers to engage in learning in various domains and so enhance their professionalism. Salient features of the framework include:

- an objective target for CPD participation - A "soft" target of 150 CPD hours in a three-year cycle is set, within which teachers can deliberate on the direction and content;

- a broad definition of CPD - Teachers' CPD refers to all kinds of learning opportunities that help them strengthen their professional practices. Teachers in general embrace formal training programmes, which are broadly categorised as "structured learning". More importantly, they should also take on CPD activities that encompass various types of informal learning taking place within and across schools. These CPD activities are broadly categorised as "other CPD modes". "Structured learning" includes long-term or short-term courses, conferences, symposia, workshops, higher academic studies and offshore study visits. "Other CPD modes" include job enrichment activities, mentoring, action learning, and service to education and the community See Appendix [E] of "CPD 2003".

- varied and balanced professional learning experiences - It is recommended that teachers spend no less than 50 hours in a three-year cycle on "structured learning" and no less than 50 hours on "other CPD modes" so that they can benefit from rich and balanced professional learning opportunities;

- a spirit of "professional judgement" and "school-based decisions" - The effectiveness of teachers' CPD hinges on the extent to which teachers and schools find their CPD needs are satisfies. The CPD framework therefore attaches considerable importance to giving teachers and schools discretion to decide on the CPD strategies and plans which are most appropriate for their contexts;

4.4 It is recommended that:
the "soft" approach put forward in "CPD Document 2003" should continue viz.
(a) a target of about 150 CPD hours over three years;
(b) the modes and content of the CPD activities to be defined by schools; and
(c) schools to exercise professional autonomy in monitoring the implementation of teachers' CPD."

All application forms together with details of which forms are needed, who they should be completed by and to whom they should be sent are listed below at Which Forms, When and By Whom.

EDB advice to schools is that Gratuity forms should be submitted to the EDB in May-Aug, SA and Passage should be submitted in Aug-Sep, RI in Jun-Sep and Medical at any time before the end of the school year. To allow schools sufficient time to complete the fringe benefit forms and obtain necessary authorisation signatures, NETs typically complete the SA, Passage and RI forms in late June or early July once any annual updates have been completed by the EDB.

The standard application procedure for Passage, SA, RI and Medical fringe-benefits forms in aided and special schools is detailed below together with suggestions as to when and where delays may occur that may need monitoring or following up to ensure timely payment.

Government schools process forms in a similar fashion but have a separate set of forms provided direct to schools with completed forms being sent to the Administrative Division rather than the NET Admin Team.

Payment Timescales
The amount of time taken before fringe benefit payments are received is dependent upon the various possible delays highlighted in the standard application procedure below. As a broad guideline, if you apply for SA and RI before 1 Sep then payment is typically in the November salary if starting at a new school or in the September or October salary if renewing at the same school. Note that the failure to return "Letter of Appointment Attachment C" during Contract Signing may result in a delay in such payments (1, 2).

Passage and Medical typically take 3 months regardless of when applications take place through the year, although passage may sometimes only take 2 months and medical has been known to take 6 months.

It is worth highlighting that the past experience of PNETs (e.g. Nov 2018; Mar 2019: 1, 2, 3; Jan 2020) indicates that delays in receiving fringe benefit payments (see below) are almost always the responsibility of schools due to internal delays in the authorisation of applications, a misunderstanding or misapplication of the application process, or a failure in communication internally or with the EDB NET Admin Team.

If you do not receive payment or wish to check that your application is progressing as it should, phone the NET Admin Team to check:
 - Whether your application form has been received,
 - Whether the application is on hold awaiting further information from the school, or,
 - Whether the form has been passed to the relevant EDB Finance Division for payment to the school.

You can also then contact the relevant Finance Division to ask whether and when payment has been made to the school.

Standard Application Procedure and Delays
1. The NET completes the first part of the form and gives it to the school along with any original documents needed to support the application. Where a NET claims for a spouse and/or children (or declares a spouse is not receiving a SA), marriage and/or birth certificates should be given to the school to support claimed family status - these need only be provided once only so long as the school keeps certified copies in its personnel records for future use.

2. The school completes the second part of the form and keeps certified copies of original documents. Standard EDB certification practice to confirm that original documents have been viewed is for copies to be stamped with a school chop together with an authorising signature (typically this is a "Certified True Copy" stamp with the principal's signature).
    - If copies of documents are not certified, this step may cause a DELAY later as originals may need to be viewed again and certified by the school before the application can be authorised by the EDB.

3. The form is authorised by the school supervisor or principal.
    - This step may cause a DELAY as it may take some time (possibly weeks) for a supervisor to visit a school to authorise the application.

4. The school sends the original copy of the form by post to the NET Admin Team. The school retains in its own records a copy of the form and all original documentation (tickets, receipts etc.) that support the application. If the NET Admin Team specifically requests it be sent a copy of such supporting documentation certified copies should be sent.
    - In some cases, forms sent by post are not received by the NET Admin Team which causes an indefinite DELAY until followed up by the school.

5. The NET Admin Team processes received forms in order of receipt.
    - At the start of the year, the later the form arrives, the longer the backlog of forms received and the longer the DELAY before it is processed.
    - If the NET Admin Team is understaffed at the start of the school year there may be a DELAY in processing any backlog of forms.

6. If the NET Admin Team identifies the form has been completed incorrectly or if more information is needed it will inform the school. The form returns to the backlog of forms awaiting processing and processing of the form is put on hold until relevant information is received from the school.
    - If amendments or corrections to the form are needed then steps 1-4 may need to be repeated with an inevitable associated DELAY.
    - If school staff receiving the communication from the NET Admin Team do not pass it to the relevant person in the school there may be an indefinite DELAY until it is followed up by the school.
    - Similarly, if further information is needed from the NET but that communication is not passed on to the NET by the school then a DELAY may occur.

7. In 2018, the NET Admin Team started to request schools provide copies of certified marriage/birth certificates for applications involving claims for a spouse and/or children to prove that schools have checked family status eligibility.
    - This may cause a DELAY due to the three factors listed in 6. above.
    - If schools have not kept certified copies of certificates in their records this may cause a further DELAY whilst original documents are obtained again and certified.

8. From 2021, the NET Admin Team also verifies whether a school has returned "Letter of Appointment Attachment C" during Contract Signing and if not, requests this be done first, and that fringe benefit application forms be resubmitted afresh afterwards.
    - This will cause a DELAY whilst forms are rewritten and resubmitted.
    - If may also cause a DELAY due to the three factors listed in 6. above.

9. Once NET Admin is satisfied with the form they complete part three and pass the form on to the relevant Finance Division for payment to be made to the school.

10. The relevant Finance Division completes part four of the form and either processes it for inclusion in the school's Salaries Grant for the next month (RI, SA) or for direct ad hoc payment to the school via the school's Recurrent Subventions (Flights, Medical Allowance, Baggage).
    - Salaries Grant processing has a cut-off date of the 10th of each month by which time forms must be processed if they are to be included in that month's salary. If this date is not met there will be a DELAY in payment until the following month.

11. Once money is received by the school it is the responsibility of the school to make payment to the NET. RI and SA should be included in that month's salary. Passage and Medical Allowance are done via cheque or bank transfer requiring authorisation by the Principal or Supervisor except for government schools where payment is typically included alongside that month's salary.
    - Payment by cheque or transfer may cause a DELAY as it may take some time (possibly weeks) for a supervisor to visit a school to authorise payment.

At the end of March every year, the EDB publishes an Appointment/Re-appointment Circular Memorandum for aided and special schools with relevant forms attached (see below for info on government schools).

The Circular is not faxed to schools. It is published via the EDB website. It is the responsibility of all schools to look for the Circular on the EDB website in line with the standard approach for releasing all circulars to schools and to "bring this circular memorandum to the attention of their NETs" as requested in the circular. If the latter is not done by early April, it may well be worth bringing the Circular to the attention of your school.

The Circular states the deadline by which aided and special schools should inform the EDB NET Admin Team of the school's decision whether or not to renew their NET using Form A attached to the circular. It also states that schools and NETs are requested to discuss and reach an initial agreement as to whether they wish to have their contracts renewed and early discussion would enable NETs to make their own future plans and schools to arrange for recruitment or staff deployment.

In 2022, the Circular was released on 28 March and the deadline was three weeks later than usual on Monday 23 May due to the covid-related 'special holiday' in Mar/Apr. In 2021, the Circular was released on 31 March and the deadline was Monday 3 May. In 2020, the Circular was released on 30 March and the deadline was Monday 4 May.

As a school based employment issue, if the May deadline is not met NETs should firstly contact the school principal before then contacting their REO if further support is needed. The NET Section (ATs/RNCs) has no direct involvement in recruitment, contract renewal or vacancy lists which are under the purview of the NET Admin Team. The NET Admin Team has said it cannot provide NETs with any information regarding the renewal decision form returned to it by the school as that information is confidential, but if Form A is not returned they will remind schools by fax the day after the May deadline asking it to be returned within one week.

It is worth noting, also, the Code of Aid which states a deadline of 15 May:

57(d) A teacher employed for a period of not less than two years as specified in a contract of service or letter of appointment shall, at least three months before the expiry of such specified period [May 15 for NETs], inform the School Management Committee whether or not he wishes to seek a renewal of the contract of service. The School Management Committee school shall similarly, at least three months before the expiry of such specified period, inform the teacher whether or not it intends to propose renewal of the contract of service relating to his employment.

The Circular states that schools are advised to subsequently check the EDB website in May for publication of the latest version of contract documents before signing a formal contract with their NET, but the contract signing process is a bit more detailed than that as listed in the Contract Signing Section below.

Government schools are different. In early April, the Appointment and Personnel Section sends a 'Memo of Offer of Further Employment to NETs under the NET Scheme' to all government schools whose NET's contract is due to expire, with a deadline of usually only a few days to return the attached Appendix A informing them of the school's decision whether or not to renew the NET. In 2019, the deadline was 4th April.

It should be noted that due to a difference in management structure NETs moving between a government schools and an aided/special school, or vice versa will forfeit accumulated sick leave, will have to reapply for Special Allowance eligibility, will undergo salary assessment and will have to obtain new conviction checks and a chest X-ray. Full details are here.

Vacancy List and CV Distribution Options
It is not possible to ask for the vacancy list/CV distribution as needed. Requests can/cannot be made as followings.

If your school has said your contract will not be renewed, or you have told your school you are not renewing:

1. NETs recruited via the EDB Candidate Pool at any time in the past regardless of how the current contract was obtained can ask for EDB support in finding a new position by completing "Form B - Application of Serving NETs for New Appointment on Completion of Contract" for aided schools, or "Appendix B" for government schools, asking for a CV to be distributed to schools by the EDB and/or for a copy of the vacancy list to be provided. Contact the Recruitment Officer in the NET Admin Team for any queries regarding this application.

Note: Until 2018/19, it was only possible to ask either for a CV to be distributed to schools by the EDB or for a copy of the vacancy list to be provided - it was not possible to ask for both. This policy changed in 2019/20 to make it possible to ask for both.

The Vacancy List used to be published in the 2nd week of May, but it now seems to be the 1st or 2nd week of June when it is emailed to those who have requested it using Form B.

CV distribution is undertaken using a "fair system", the EDB has stated. In early May, CVs provided by NETs to the NET Admin Team are randomly distributed to schools that have requested them in batches of 20. CVs are distributed in their entirety with a standard EDB factual overview and any covering letter provided by the NET. Schools can state a particular requirement, such as drama, if they so wish and can request additional batches of CVs if those they have received are unsuitable.

Note: In 2015 the EDB stated that CVs were provided to schools in batches of "more than five". In 2017, from PNET experience, this seemed to rise to twenty. In 2019 the EDB confirmed that batches of 20-30 are initially distributed to schools. This was confirmed via the experience of PNETs (1, 2).

It is not known to how many schools a given CV is distributed. The situation seems to be that a given CV is sent out to a number of schools once in early May, but may only then sent out again if a school requests more CVs or if the Recruitment Officer can be persuaded to make a special case on an individual's behalf.

2. NETs who have never been recruited through the EDB Candidate Pool i.e. have always been recruited via a school, cannot request CV distribution nor be provided with a copy of the vacancy list by the NET Admin Team.

If your school has said it will renew your contract or if you are mid-contract, the EDB provides neither recruitment assistance nor a copy of the vacancy list.

If you are an ex-NET originally recruited via the EDB Candidate Pool and now re-joining the NET Schemes, you can request CV distribution and/or a copy of the vacancy list having first reapplied to re-join the Candidate Pool (see below).

If you are a new NET recruited via the EDB to the Candidate Pool and seeking a first NET contract, the EDB will provide support by CV distribution only and will not provide the vacancy list.

Forms
Form A must be returned to the NET Admin Team by fax by all schools. Schools with mid-contract NETs complete parts I and IV whilst those with end-of-contract NETs complete sections I, II/III and IV.

Form B should be completed by end-of-contract NETs who are not being renewed and who have been recruited via the EDB Candidate Pool at any time in the past regardless of how the current contract was obtained. NETs can ask to be given a copy of the vacancy list and/or ask for their CV to be distributed to schools. The NET should send Form B to the NET Admin Team by fax or email.

Form C is only completed by NETs who have never been recruited through the EDB Candidate Pool and who are instead recruited directly by the school. It should be completed by both the NET and the school after a contract has been signed. The school should send it to the NET Admin Team by fax.

Remaining in the Candidate Pool
NETs recruited to the Candidate Pool who are unable to find a position in a school can remain in the Candidate Pool on a year-by-year basis for as long as they wish. In the first year, the EDB contacts NETs in November by email with an "Invitation to remain in the central candidate pool" for another year. In subsequent years the NET should contact the EDB before May each year to request a further year in the pool.

The NET Admin Team operates the Candidate Pool to support those actively looking for a NET position who do not currently hold such a position; it is not intended to be a way of keeping an eye on possible options whilst employed in the NET Scheme. Once a candidate finds a position, the NET is removed from the Candidate Pool because they are no longer actively looking for a job. In cases where a NET's information has not been updated an 'Invitation to remain' email may be erroneously sent out.

Re-Joining the NET Scheme After a 1 Year or More Break
If you are an ex-NET originally recruited via the EDB Candidate Pool who has left the NET Scheme and now wishes to return to employment in the NET Scheme, you can re-enter the Candidate Pool by submitting a fresh application form for the respective school year to the EDB NET Admin Team along with any updated documentation necessary to support salary assessment such as new teaching experience and qualifications.

You do not need to go through the interview and written test process again, as confirmed by the EDB in May 2021 and by past NET experience.

Contact the Recruitment Officer in the NET Admin Team.

On re-joining the NET Scheme, employment benefits may change depending upon the length of break as follows:

Salary
For an absence of less than 1 year, salary is not re-assessed. After 1 year, salary re-assessment is required that uses the latest pay scales and bars to determine salary pay scale based upon current qualifications and experience. This may result in a lower salary pay scale level than before due to a lowering of the non-PGDE salary bar by two salary pay points in 2010.

If you are considering taking a break from the NET Scheme, note that schools are required to provide a Certificate of Service on leaving employment but it is advisable to ensure they are aware of the requirement and of the content required by the EDB for future salary assessment on re-joining the NET Scheme.

Sick Leave
Accumulated sick leave is retained for a break in service of less than 1 year and forfeited for a break longer than that.
Accumulated sick leave is forfeited upon switching between a government and aided/special/caput school, and vice versa, as different rules apply in EDB-run government schools where most staff are employed as civil servants.

Special Allowance
Form A [Declaration on Normal Place of Residence] does not have to be completed again unless you leave the NET Schemes for 1 year or more, or you switch between an aided/special school to a government school. 

Retention Incentive
For a NET rejoining the NET Scheme after an absence of less than 1 year, e.g. resigning in October and rejoining the next August, the EDB has stated that eligibility for RI is discretionary and requires the school to provide a letter explaining the reason for the break in service of less than 1 year a NET and expressing satisfaction with references/past appraisals. Eligibility for RI is not affected by switching between a government and an aided/special school, or vice versa.

Conviction Checks / Chest X-Ray
The EDB NET Section considers an absence from the NET Scheme of 1 year or more to be a "break in service". For such a break in service, it is necessary to obtain a new Certificate of No Criminal Conviction, and a school may also require a Sexual Conviction Record Check (see Appointment/Re-appointment Memo paras 4 and 5). It is also necessary to undergo a Chest X-Ray (see Letter of Appointment; MOCS para 2.3).

There are, however, two situations in which a 1-year extension to the existing 2-year contract is possible.

60+ 1-Year Extensions

Extension of service beyond the retirement age is not possible in government schools (Refs: 1, 2). Applications can be submitted, but are typically refused.

Enquiries about contract extension beyond the retirement age should be directed to the NET Admin Team.

Application

Where a NET in and aided or special school is going to reach the retirement age of 60 before the start of the next school year, the school must apply for a one-year extension to the current contract.

Where a NET is going to reach retirement age during the first year of a two-year contract, the school must apply for "approval in advance" before a two-year contract can be agreed otherwise only a 1-year extension to the current contract will be possible.

In mid-November, for both cases, the EDB NET Admin Team issues an "Extension of Service Beyond the Retirement Age" letter to schools by fax outlining the application process, what schools need to do along and the deadline date for application.

16 Jan 2023 is the current deadline for application (past deadlines: 12 Jan 2022, 15 Jan 2021, 17 Jan 2020, 18 Jan 2019, 19 Jan 2018, 1 Feb 2017, 15 Jan 2016).

Late applications are not processed.

Documentation must be provided by the school in support of the application including showing that "a genuine search has been conducted in a serious manner" to recruit an alternative NET. On request from the school, the EDB will provide CVs from the Candidate Pool to support these recruitment efforts.

NETs have reported that the application process can be labour-intensive and needs planning in advance:
- Initially getting IMC/supervisor/principal approval for the extension.
- Phone calls to the school from the EDB actively discouraging application for an extension.
- Advertising the position for 4 weeks in Nov/Dec and processing received applications.
- Interviewing applicants in Dec.
- Creating a detailed written contingency plan.
- Meeting at school with 2-3 EDB officials to discuss the contingency plan and be actively discouraged from submitting an application.
- Completing the detailed application form detailing why the NET needs to be retained and documenting the above.
- Submitting the application by the deadline in January.
- Hearing nothing after that until application approval in late Apr/early May.

In essence, if the school is willing to go through the process and is not influenced by EDB pressure to not submit an application, and can show a genuine search for an alternative has been undertaken, then applications are approved.

It should also be noted, that whilst, technically, five 60+ extensions are allowed (as stated in the annual letter to schools) and have been given, in 2021, NETs reported that schools have been told by the EDB that only one such extension will be allowed. Advisory Teachers and Regional NET Coordinators are allowed five 60+ extensions.

Contract Documentation and Conditions

In the last week of April or the first two weeks of May, the EDB publishes its "Specimen - Extension of Contract Period Beyond Retirement Age" applicable to the coming school year. On the same day, or very soon after, schools are informed of the outcome of their application after which they can use the specimen to officially agree a contract extension with their NET. In 2020, publication was 24 Apr with NETs confirming they had been informed of the outcome of their application on 24 and 27 Apr. In 2019, it was 17 May and 21 May respectively and in 2017 it was 2 May and 8 May. In 2018, publication was 30 Apr. All applications were approved in those same years.

Gratuity for the period of service completed before the extension commences is paid before the extension commences with a subsequent gratuity payment on completion of the/each extension period (See Specimen - Extension of Contract Period Beyond Retirement Age and section 6.3 of standard contract).

Passage is, however, not available until the completion of the extension period or the completion of subsequent extension periods.

The rate of Special Allowance for the extension period is the prevailing rate at the start of the extension period.

History of Approvals

Before 2016/17, in light of EDB policy being that under school-based management schools are responsible for staff employment matters and decisions, applications were rarely, if ever, declined provided the application process had been completed satisfactorily.

In 2016/17, it appears that the EDB NET Admin Team started to phone schools and apply a level of discouragement to schools by stressing the complexity of the application process. This was somewhat at odds with actual experience of NETs who said the process was certainly long-winded but not complex and also at odds with the track record of the EDB which had rarely, if ever, refused an application.

In 2017/18, schools wishing to apply for an extension received multiple phone calls from the EDB NET Admin Team as well as a school visit from the head of the NET Admin Team and a Curriculum Development Officer from the EDB NET Section. The suggestion was made that applications are now dealt with more strictly with only 1 extension now being allowed, possibly due to the appointment of a new head of the NET Admin Team. Schools must have a detailed succession plan in place and, after one year, it was suggested the EDB would find a new NET on behalf of the school, although this went against standard school-based employment practices. Pressure applied by the EDB led to some schools opting not to apply for an extension even though they initially wanted to retain their long-term NET and repeatedly informed their NET as such. For some schools though, application for a third extension for their NET was successful.

In 2018/19, it appears that all 60+ extensions applications were approved.

In Jan 2019, the EDB stated to LegCo its intention to adopt the latest civil service retirement guidelines from June 2015 and allow new teachers to retire at 65 instead of 60. This adoption will probably not affect 60+ contract extensions, but this will not be known until after the necessary update to the Education Ordinance has been submitted to and approved by LegCo and the "Extension of Service Beyond the Retirement Age" letter subsequently issued to schools in the following November.

In Jan 2020, PNETs reported that three EDB officials met with Principals at school and applied strong pressure to not submit an extension application. As a result, at least one Principal changed position and decided to not apply whilst previously supporting the NET's application. Other Principals were not so persuaded and submitted applications that were approved in the last week of April.

In Nov 2022, an addition to the letter sent to schools suggests a possible tightening of the approval of 60+ extensions: "In considering the applications from schools, the EDB will consider a range of factors including whether a genuine search has been conducted in a serious manner to identify a replacement".

Other 1-Year Extensions

It is also possible for contracts in aided, special and government schools to be extended by one year owing to reasons other than extension of service beyond the retirement age (not possible in government schools), although a specific reason for an extension (e.g family death / retirement age) is not needed as long as there is agreement between the NET and their school.

The EDB has stated that such a 1-year extension should by mutual agreement between the school and the NET and should not be regarded as an option available to schools instead of a standard 2-year re-appointment contract.

There is no limit to the number of 1-year contract extensions that may be mutually agreed between a NET and schools. There is also no deadline by which such an extension should be agreed and signed, but typically it would be done before the first week in May, in line with step 2 below.

Gratuity for the period of service completed before the extension commences is paid as for the completion of a standard two-year contract, whilst gratuity for the extension period is paid at the end of the extension. Passage is not available until the end of the extension period. The rate of Special Allowance for the extension period is the prevailing rate at the start of the extension period.

Application Process

In 2014, the EDB stated that schools should apply in writing at any time of the year to their SSDO in the REO stating reasons and justifications along with supporting documentation. The experience of PNETs indicates that SSDOs may not be aware of 1-year NET contract extensions, but where application letters are submitted will reply stating no objection to the extension.
<As of May 2021 the above information no longer applies>

In May 2021, the EDB stated that the application process for such a 1-year extension is:

1. Following mutual agreement between the school and the NET, the school can use the "Specimen - Extension of Contract Period" published on the EDB website (PNET version, SNET version) to provide contract extension documentation to the NET. The specimen is not updated annually and was last updated in June 2016. 

2. The school should inform the NET Admin Team of the 1-year extension mutual agreement using Form A of the Appointment/Re-appointment Circular Memorandum typically released in the last week of March with a completion deadline of the first week in May.

Enquiries about extensions of services should be directed to the NET Admin Team.

It is expected that the decision to extend a contract by one year should take place after due consultation between a school and their NET and may require the NET to write a formal request letter to the school. The experience of PNETs (1, 2) indicates, however, that there have been occasions in the past where the school initiates a 1-year extension without such consultation, without the agreement of the NET and without providing an alternative choice of a two-year contract.

Aided and Special Schools

In the last week of March, the EDB publishes an Appointment/Re-appointment Circular Memorandum for aided and special schools. The circular encourages schools to discuss renewal of contract with NETs and provides a deadline by which schools must inform the EDB of their decisions - usually the first week in May.

In the first week of May or before, schools inform the EDB of the renewal decision. The EDB collates the responses and compiles a vacancy list that is distributed in the second week of May to those NETs who have requested it. The CVs of new NETs and those NETs who have not been renewed and have requested CV Distribution support are randomly sent in batches of 20-30 to schools that wish to fill a NET vacancy and have requested EDB support so to do. See Vacancy List and CV Distribution Options above for full details on this process.

In the third/fourth week of May (2022: 3rd week, 2021: 2nd week, 2020 & 2019: 4th week, 2018: 3rd week, 2017: 1st week), the EDB publishes the latest versions of contract documentation (Letter of Appointment, MOCS).

Once this has been done:
 - for NETs renewing at the same school, the school can use the latest published versions to provide contract documentation to the NET and then inform the EDB of so doing by submitting "Letter of Appointment Attachment C - Reply Proforma of Teachers Employed under the NET Scheme in Primary Schools" before the start of the school year.
 - for NETs who have never been recruited via the EDB Candidate Pool, whether renewing or being offered a new position, it is the school's responsibility to obtain and check all necessary paperwork from the NET, and assess salary, without EDB involvement, to then use the latest published versions to provide contract documentation to the NET and to then inform the EDB of so doing by submitting "Appointment and Re-appointment Form C - Personal Particulars of NETs Recruited Directly by Schools" within 7 days of a contract being signed.
 - for NETs who were recruited via the Candidate Pool at any time in the past and are offered a position at a new school, there is an additional step that should take place before a contract can be provided:

- Once a job offer from a school has been initially offered to and agreed by a NET, the school will inform the EDB NET Admin Team.
- The NET Admin Team contacts the NET by email to ask if they wish to serve at the school with a reply deadline of 3-4 days.
- If the NET does, the NET Admin Team collates and checks statements of service and teaching qualifications, and conducts salary assessment via the Central Salary Verification Team.
- If anything is missing the NET Admin Team contacts the NET by email requesting relevant documentation.
- The NET Admin Team emails a "provisional offer of appointment" including an assessment of salary and a Proforma of Acceptance to the NET with a reply deadline of 3-4 days.
- The NET returns the signed Proforma of Acceptance to the NET Admin Team who acknowledges receipt by email to the NET.
- The NET Admin Team prepares the provisional offer, signed Proforma of Acceptance, salary assessment and all relevant collated qualifications/teaching documents to the school. This is sometimes known as the 'personal file'. It must be collected by the school from the EDB office in Wanchai.

From 2022, following a High Court Judgement against the EDB, the above 7 steps no longer take place with the EDB NET Admin Team having withdrawn from involvement in the job offer process and choosing to leave it wholly to schools to undertake. This means there will no longer be any formal provisional offer from the EDB confirming the validity of an offer meaning that NETs will now have to trust schools to follow through on their verbal job offer.
The process is therefore now as follows:

- A school provides a verbal job offer to the NET and then contacts the EDB NET Admin Team to request the NET's 'personal file'.
- The NET Admin Team prepares all relevant collated qualifications/teaching documents, including the HKCAAVQ Certificate, which must then be collected by the school from the EDB office in Wanchai.

- The school checks salary assessment and other information including that provided in the 'personal file'. Note: as the employer issuing the contract of employment, it is the school's responsibility to do this even for information provided by the EDB.
- The school uses the information together with the latest published versions of standard contract documents published on the EDB's Website to create contract documentation for the NET and then informs the EDB of so doing by submitting "Letter of Appointment Attachment C - Reply Proforma of Teachers Employed under the NET Scheme in Primary Schools" before the start of the school year.
- Contract documentation is normally passed to the supervisor for authorisation signature before being passed to the NET, which may cause a delay. 
- The experience of PNETs in the past indicates this whole process may take 3/4 weeks or longer.

Enquiries about progress made during this stage and reasons for any delay should be passed to the NET Admin Team.

It should be noted that whilst this is the standard approach to contract signing, some schools choose to do everything themselves rather than making use of NET Admin Team services, necessitating direct communication with the NET.

Note also that the failure to return "Letter of Appointment Attachment C" may result in delayed payment of fringe benefits (1, 2) in the next school year.

There is no deadline by which schools have to provide contract documentation to a NET. Under school-based management it is up to the school to determine how soon after the EDB publishes the latest versions of contract documentation they wish to issue contract documents. It is also possible for schools to issue contract documents before the latest version are published (see "version priority" below) if they so wish.

If concerned by a delay in receiving a contract, NETS should contact their Principal in the first instance. To pre-empt any delay, NETs may find it useful to inform their Principal when the latest versions of contract documentation become available on the EDB website.

Contact the Recruitment Officer in the NET Admin Team for aided and special schools for any queries regarding the contract process.

Government Schools

For government schools, contract signing is managed centrally by the EDB's Appointments and Personnel Section.

In the first week of March, an internal restricted memo is sent to schools whose NET contract is due to expire asking them to discuss renewal of contract with their NET and informing them of the deadline by which they must inform the EDB of their decision.

Sometime in April/May, the EDB collates the responses, but does not  add schools with vacancies to the vacancy list as NETs in government schools can only be recruited via the EDB's Candidate Pool and not via CVs provided directly to schools by NETs (although the High Court stated in 2022 this policy is not documented anywhere).

In June, after the EDB has published the latest version of contract documentation for aided schools (MOCS), the EDB's Appointments and Personnel Section uses the MOCS as the basis for creating a NET contract for government schools: additional sections are included such as a statement about NETs not being civil servants and sections relating to government school specific rules (an analysis of differences is available here).

Contract documentation is typically not finalised and made available to government schools until the 3rd/4th week of June (2020: 19 Jun, 2019: 4 July). In 2022, however, contracts were not available until 3rd August with an email being sent to schools on 1 Aug stating that contracts had been approved and Immigration informed, and that NETs should now renew work visas as needed.

Contract documentation, when ready, must be collected from and returned to the EDB offices in Wanchai.

Contact the Administration Division for any queries regarding the contract process.

Signing a Contract Early (Version Priority)

Standard contract documentation issued by the EDB must adhere to and is superceded by principles laid out in the Code of Aid, the Education Ordinance and relevant Circular Memorandums. Equally, any alterations or deletions made by a school to the sample contract documents downloadable from the EDB website must adhere to and are superceded by those same principles as well as established terms and conditions laid out in the sample contract documents published by the EDB. As such, the latest version of published contract documentation supercedes any already signed contract documentation.

If a NET has signed a letter of appointment with an attached "Memorandum on Terms and Conditions" (MOCS) early, i.e. using an old version before this year's new sample MOCS has been issued by the EDB, then, when that new MOCS is subsequently published, the EDB has advised that the NET and school can either agree to sign a new set of documents or replace the old MOCS with the new MOCS as an attachment to the already signed letter of appointment.

The NET Admin Team can be contacted for clarification if needed.

Reporting for Duty on 16 August

The start date stated in contract documentation is not necessarily the date on which it is necessary to report for duty; if renewing a contract at the same school then that school has flexibility in deciding the date on which to report for duty.

In practice, most schools, including government schools, allow teachers to report for duty on a date different to that of the contract start date with no effect on salary. NETs are in a different situation to local teachers whose contracts typically commence on 1 September and who, on changing school, are allowed to start at that new school before the contract at the old school has expired despite salary payment being explicitly linked to the old school. Summary advice provided by the EDB NET Section to support schools in adopting this school-based approach is:

The basic rule is that if you sign a new contract at a new school and your contract starts on 16 August you need to report for duty on the 16th. But if you are signing a second contract at the same school [or third, fourth etc.] then the school has the flexibility to say we only start on the 22nd so its ok to report on that date.

In 2018, the EDB NET Admin Team said that reporting for duty is an issue for the REO, but if contacted by a school, it would provide the same EDB policy advice as the REO:

Salary payments for a new contract should start on the report for duty date. Under school-based management, flexible report for duty dates for all staff are a decision for the school.

In 2022, the EDB NET Admin Team stated that:

Principals/supervisors are given the flexibility on deployment of teaching staff including NETs, while schools are required to observe the relevant documents such as School Administration Guide, Code of Aid, EDB Circulars and Letters deemed necessary. For staff signing a new contract, under contractual obligation, in principle, the staff member should be available for reporting for duty in the school on the commencement date of contract.

It is worth noting that reporting for duty on a date later than that of the contract start date is not a right, is dependent on the good will of the school and the relationship between management and teachers, and may be affected by any advice given to the school by the EDB. For instance, the EDB regards "being available for work" (to be paid via the Salaries Grant) as being in HK and physically able to go into work. Being available online for Zoom lessons from abroad or from a HK quarantine hotel doesn't fit into this definition, so would be required to be no-pay leave.

For information on this issue, it is suggested a school contacts the REO (who are responsible for salary and employment related matters) rather than the NET Admin Team.

Start Date When 16 August is a Sunday

For NETs newly appointed under the NET Scheme in Primary Schools the contract will start on 17 August and end on 16 August two years later.

For serving NETs with their existing contract ending on 15 August 2015 who renews contract in the same school or signs a new contract in another school the contract should retain 16 August as the contract start date in order to maintain continuity of service.

This was confirmed by the EDB by email and in the Letter to Schools About Appointment of 2015 and 2020.

Start Date If Previous NET's Contract Finishes 16 August (Overlap)

For NETs newly appointed under the NET Scheme in Primary Schools the contract will start on 17 August.

For an existing NET who is moving schools and whose current contract ends on 15 August, the EDB has stated that the new contract should commence on 16 August as usual i.e. a one-day overlap of contracts for the old/new NET is ok. The school should inform the NET Admin Team if this situation arises. Past NET experience confirms this to be so.

Contract Length if Not Starting on 16 August

Typically a contract runs for a two year period from 16 August this year to 15 August two years later. Where the start date is not 16 August, a principle of a contract running within a two-year cycle and ending on 15 Aug two years later is typically (1, 2) applied:

When the NET Scheme was first established, contracts would typically include a minimum of a two-year cycle and extend beyond that two-year period e.g. 10 Jan 2005 - 15 Aug 2008, but this seems to no longer be the case.

X-Rays and Visas

The Letter of Appointment states that the offer of appointment is conditional upon satisfying a medical examination including a chest X-ray. This applies only to NETs newly joining the NET Scheme, to those moving between and aided and government school, or vice versa, and to NETs taking a break in service from the NET Scheme of 1 year or more.

X-Rays can be undertaken at government chest X-ray centres.

The offer of appointment is also conditional upon obtaining a necessary employment visa. More details on the process needed to obtain a working visa can be found at HKPNET Resources - Visas.

Intention to Renew

Before 2011, the Terms & Conditions of the Letter of Appointment said NETs should write a letter to their schools by February 16 asking for the school to inform them of the school's intention to renew or not:

24.2 Further Employment
24.2 If the NET so requests, the School will inform him/her in writing whether it intends to offer him/her further employment on Contract, subject to satisfactory completion of his/her current Contract. Such a request shall be made at least six months before the expiry of his/her current Contract. Otherwise, it will be assumed that the NET does not wish to apply for further employment and will leave the service upon expiry of his/her current Contract.

In 2011, this was removed from the Terms & Conditions.

Since 2011, there is no obligation for schools to inform their NET of an intention to renew or not. Instead schools are expected to discuss renewal with the NET as aerly as possible as stated in the annual Appointment/Re-appointment Circular Memorandum:

2 . Schools and their serving NETs with contracts due to expire at the end of the 2015/16 school year are requested to discuss and reach an initial agreement as to whether they wish to have their contracts renewed for another two years. Early discussion on contract renewal matters would enable NETs to make their own future plans and schools to arrange for recruitment or staff deployment.

It is worth noting, also, the Code of Aid which states a deadline of 15 May:

57(d) A teacher employed for a period of not less than two years as specified in a contract of service or letter of appointment shall, at least three months before the expiry of such specified period [May 15 for NETs], inform the School Management Committee whether or not he wishes to seek a renewal of the contract of service. The School Management Committee school shall similarly, at least three months before the expiry of such specified period, inform the teacher whether or not it intends to propose renewal of the contract of service relating to his employment.

August
- 11th: Gratuity 2nd payment due (4 days before end of contract). See Gratuity Section.
- 16th: Standard start date for contracts. See Contract Signing Section - Start Date When 16 August is a Sunday.
- Last Week: EDB Induction Programme commences. See HKPNET Resources - Recruitment.
- Application forms for this year can be submitted. See HKPNET Resources - Application Forms.

September
- Schools Speech Festival commences. See HKPNET Resources - Competitions.

October
- Schools Drama Festival commences. See HKPNET Resources - Competitions.
- 15th: Last Xmas posting dates for airmail published by HK Post. See HKPNET Resources - Living in HK - Post.

November
- EDB issues 60+ extension letter to schools. See Contract Extensions Section.

January
- 1st: New session starts for LegCo Panel on Education. See HKPNET Resources - EDB Information - LegCo Panel on Education.
- 2nd Week: Deadline for 60+ Extensions Applications. See Contract Extensions Section.

March
- Last Week: EDB publishes Appointment/Re-appointment Circular with deadline for schools to inform them if they wish to renew their NET's contract. See Appointment Reappointment Section. 

May
- 1st Week: Deadline for schools to inform EDB if contract to be renewed. See Contract Signing Section.
- 1st Week: New contract and contract extension documents released. See Contract Signing Section.
- Civil Service Pay Adjustment triggered. See Pay Adjustment Mechanism Section.
- Special Allowance Adjustment Mechanism triggered. See Special Allowance Section.
- Typhoon season starts. See HKPNET Resources - Typhoons.

June
- 2nd Week: EDB Vacancy List issued. See HKPNET Resources - Recruitment - Vacancy List.
- 3rd Week: Tax self-assessment due. See HKPNET Resources - Tax.
- Payment of tax (tax clearance) due if leaving HK permanently or for more than 4 weeks. See HKPNET Resources - Tax.

July
- Application forms for next year can be submitted. See HKPNET Resources - Application Forms.
- 2nd Week: Gratuity 1st payment due (4 days before end of semester). See Gratuity Section.

NETs are funded - together with all teaching and non-teaching staff covered under the EDB approved Staff Establishment of the school (the number of staff allowed at each grade for a given number of classes, including both NETs and LETs) - via the EDB's recurrent Salaries Grant paid monthly to schools. The only requirement placed on schools to receive NET funding is to have 6 classes or more; any less than that and a school is only entitled to peripatetic support from ATs. If a school goes from 6 classes to 5 then it can retain funding for the NET for one more year if that NET is mid-contract (see para.8 and here). Other than this there are no constraints placed on schools by the EDB (such as formally being required to adhering to deployment guidelines) that may result in them having NET funding withdrawn.

NET Admin Team vs NET Section

The NET Admin Team is responsible for all administrative aspects of the NET Schemes: recruitment to the EDB Candidate Pool, vacancy list and CV distribution procedures and management, standard contract documentation, memorandum on terms & conditions, 60+ and ad hoc contract extensions, FAQs, fringe benefit forms and processing, qualifications assessment, special allowance review etc. It provides support to schools and NETs on these issues on request and issues circular memorandums on behalf of the Education Secretary as required through the year. The team is made up of 5-6 civil servants and is also tasked with responding to LegCo members' questions about the NET Schemes and contributing to EDB policy documents concerning the NET Schemes. Issues relevant to all teachers such as salary, gratuity, leave and salary assessment are within the remit of the Regional Education Office (REO) rather than the NET Admin Team (although advice will be provided to NETs where possible).

The NET Section focuses on curriculum and deployment aspects of the NET Schemes in schools and on providing services such as competitions, centralised professional development, seed projects, literacy programmes etc.

The NET Section is split into two support sections:
1. The AT Team (ATT) provides curriculum and deployment support to PNETs and primary schools. There are around 35 ATs who are allocated around 12 schools each with the intention of a hands-on role in schools as needed. ATs are tasked with visiting schools at the start, middle and end of the year to establish, implement and review an Advisory Support Plan (ASP) with schools. As part of that plan ATs provide school-based support as requested by the school. Issues relating to ATs can be escalated to their respective line manager listed at the top of the ASP or the respective project manager listed on the ATT Contact Details sheet provided to schools at the start of the year and listed here. The ATT was established at the very start of the NET Scheme in 2002.

2. The Regional Net Coordinating Team (RNCT) has 8 RNCs who are allocated geographical regions rather than specific secondary schools. Their role is hands-off and involvement in secondary schools including school visits is triggered at the request of the school. The group's main function is much more general than ATs and described as being to organise competitions, conduct PD workshops, support schools with collaborative research and projects, hold regional cluster meetings, and develop resources. RNCT promotional literature sent to schools every year provides information on support options. The RNCT was not established until 2006/7 after a Melbourne University review of the PNET scheme highlighted the importance of the ATT.

A list of who to contact for which issue is available at HKPNET Resources - EDB Contacts.

Government Schools

Government schools are operated and managed by the EDB (see also FAQ A5). Senior EDB civil servants are appointed to serve on one or more government schools' School Management Committee (SMC). Whilst being within the public sector, they operate under a different set of rules and procedures to those of aided/special/caput schools which operate under the principle of school-based management. Teachers moving between these two different management systems are not guaranteed the same terms and conditions of employment.

Staff in government schools are employed by the government: teachers on permanent contracts are classed as civil servants; teachers on Non-Civil Service Contract Staff contracts including those serving the 3+3 year probationary period are not. NETs in government schools are employed by the government, but are not classed as civil servants, as stated in their contract.

Moving Between Government and Aided Schools

The NET Schemes operate in government schools, but, due to this difference in management structure, NETs moving between an aided/special school and a government school, or vice versa, should be aware of the following:

- Accumulated sick leave is forfeited.
- Accumulated service for entitlement to maternity leave is forfeited; maternity leave will only be available after 40 weeks at the new school.
- Special Allowance application Form A must be resubmitted to re-confirm the possession of permanent resident status in a country/place outside Hong Kong and social ties outside Hong Kong.
- Salary is reassessed to establish the appropriate pay-scale based on current rules and regulations.
- Retention Incentive eligibility is not affected.
- Passage postponement, if any, is forfeited (1, 2).
- A new Certificate of No Criminal Conviction and Sexual Conviction Record Check must be obtained.
- A new Chest X-Ray must be undergone and a 'fit for work' doctor's certificate obtained.
- A different set of school rules will apply (listed here for comparison either as known or as from past PNET experience):
  - Codes of Aid apply in aided and special schools under school-based management:
      - Schools are allowed to determine their own school-based policies within the confines of the Education Ordinance/Codes of Aid.
      - NETs do not have to sign a declaration to uphold the Basic Law of HK and pledge allegiance to HK
      - Sick leave exceeding two days must be supported by a valid medical certificate; it is a school-based decision whether one is required for one or two sick day(s).
      - Sick leave is counted only for those days taken; holidays/weekends/special leave abutting sick leave is not classified as sick leave.
      - Extended sick leave can be taken up to the accumulated sick leave balance.
      - Extension of service beyond the retirement age is possible, on application, although typically now only for 1 year.
      - Other 1-Year contract extensions are possible by agreement between the school and NET.
      - Extended No-Pay Leave can be granted if authorised by the school's IMC.
      - Special leave is managed under school-based management: schools determine what classes as "urgent private affairs of grave importance".
      - Special leave is counted only for those days taken; holidays/weekends/special leave abutting sick leave is not classified as special/no-pay leave.
      - NET Scheme related application forms, circulars and specimen documents can be downloaded from the EDB NET Scheme Website.
      - NETs can be recruited via CVs provided to schools by the EDB and those sent directly to schools by interested candidates. Interviews are conducted by schools.
  - Civil Service Regulations apply in government schools and are managed by the EDB:
      - Government schools are exempted from the Education Ordinance.
      - NETs must sign a declaration to uphold the Basic Law of HK and pledge allegiance to HK
      - Every day of sick leave sick leave must be supported by a valid medical certificate including half-days (<4 hours).
      - Sick leave is counted for those days taken and any abutting types of leave including weekends.
      - Extended sick leave longer than 91 days must be investigated by a Medical Board to confirm eligibility (includes an employee interview).
      - Extension of service beyond the retirement age is not possible.
      - Other 1-Year contract extensions are not possible unless approaching retirement age.
      - Extended No-Pay Leave is rarely, if ever, authorised.
      - Special leave is managed under rules determined by the EDB with a restricted definition of what classes as "urgent private affairs of grave importance".
      - Special leave is counted for those days taken and any abutting types of leave, including weekends, which can be classed as no-pay leave.
      - NET Scheme related application forms, circulars and specimen documents are provided to the school directly by the EDB's Appointment And Personnel Section.
      - NETs can only be recruited via CVs provided to the school by the EDB (although the High Court stated in 2022 this policy is not documented anywhere).
      - From 2022, NETs are invited to apply by email from the EDB NET Admin in mid-July,
           interviews are conducted by a Central EDB Panel and
           NETs are then centrally allocated to schools and may not be allocated their preferred choice.

Special Schools

Special schools are split into 9 categories:

Category	Number of Schools	Number of PNETs	Number of SNETs
Visual Impairment	2 schools	0 (<6 classes)	1
Hearing Impairment	1 school	0 (<6 classes)	1
Physical Disability	7 schools	6	6
Intellectual Disability Mild	12 schools	6	-
Intellectual Disability Moderate	12 schools	0	-
Intellectual Disability Mild to Moderate	5 schools	3	-
Intellectual Disability Severe	10 schools	0	-
Social Development	8 schools	2	4
Hospital Schools	1 school	n/a	n/a

Until 2016, the NET scheme was only implemented in the 19 special schools NOT catering for Intellectual Disability. "Schools Catering for Intellectual Disability" (ID Schools) who applied to join the NET Scheme were refused by the EDB on the grounds that "the NET Scheme does not cover special schools for ID students in light of their special curriculum, different educational needs, and not being included as schools offering English Language as part of the Basic Education Curriculum".

In 2011, a court case was brought by a student at HHCKLA Buddhist Po Kwong School (a Mild ID School) arguing that this was discriminatory and that NETs should be provided to ID schools.

In 2016, the high court ruled that the EDB was wrong to refuse to implement the NET Scheme in HHCKLA Buddhist Po Kwong School because the school had implemented an English curriculum guide developed by HKU in collaboration with ID Schools known as the SAME Project which was equivalent to the ELCG and he objectives of the NET Scheme are better addressed by a full-time NET than by a peripatetic AT. A full summary of the High Court's decision is available here.

In March 2017, the EDB stated to schools that:

Provision of NETs for Schools
... Such provision has been extended to cover schools for children with intellectual disabilities (ID schools) implementing an appropriate school-based English Language curriculum as adapted from the English Language Education Key Learning Area Curriculum Guide prepared by the Curriculum Development Council. This adapted curriculum should, as assessed by EDB, have the necessary elements according to the requirements stipulated in EDB's letter of 24 January 2017 on "Development of School-based English Language Curriculum and Provision of Native-speaking English Teachers (NETs) for Schools for Children with Intellectual Disability (ID schools)".

In April 2017, the EDB stated during liaison with the HKPNETs Forum that having a suitable school-based English curriculum is a prerequisite for the provision of a NET under the NET Schemes and that schools implementing an English curriculum require English teachers who have attained the Language Proficiency Requirement (LPR/LPAT); the EDB will work with ID schools in the coming years via two Seed Projects:

1. SEN Division, Curriculum: support ID schools to develop a school-based English curriculum.
2. NET Section, Puppe Tech (Puppetry and Technology): resource development to support tactile/visual learners through kinesthetic activities

In 2017/18, four special schools joined the NET Scheme. In 2018/19 a further 4 schools joined the NET Scheme. It is unclear how many more of the 41 ID Schools will join the NET Schemes, but only 1 school applied to join in 2019/20.

In 2019, the EDB stated to LegCo:

Since the second term of the 2016/17 school year, the NET Scheme has also covered schools for children with intellectual disability (ID schools) running a secondary section that offers an appropriate school-based English Language curriculum and ID schools running a primary section that operates six or more classes and offers an appropriate school-based English Language curriculum. The EDB also provides school-based support and professional development programmes for ID schools that hire a NET.

and also published a NET Section newsletter outlining curriculum activities implemented in ID Schools.

Number of NETs

In 2016/17 there were 19 NETs in special schools. It is known that 8 of those were PNETs, so 11 were SNETs

In 2020, the EDB stated there were 29 NETs in special schools in 2019/20, 27 in 2018/19, 23 in 2017/18. This year-on-year increase matches the expansion of the NET Scheme into ID schools (4 new in 2017/18, 4 new in 2018/19, 1 new in 2018/19) and the opening of a new secondary-only special school, Caritas Mother Teresa School, in 2019/20.

As of 2020 there are 17 PNETs and 12 SNETs in special schools.

DSS (Private Sector) vs Aided (Public Sector)

The EDB NET Schemes cover all public sector schools: government, aided, special and caput schools. They do not cover Direct Subsidy Scheme (DSS) or private schools that operate within HK's private education sector (confirmed during liaison with the EDB in 2012 and 2015).

DSS schools have flexibility in choosing how to spend their budget. The government supports them via a Direct Subsidy grant based upon the number of students attending a school with DSS schools able to supplement that income by charging fees, seeking donations and having rental income. DSS Schools are free to use total income as they see fit and can choose how many teachers to employ and the remuneration package offered. The remuneration packaged offered by DSS schools to DSS NETs therefore varies from schools to school: some choose to offer DSS NETs a similar remuneration package to PNETs and SNETs on the NET Schemes; some do not.

The implementation of employment terms for schools whilst they transition from the public sector to DSS is somewhat unclear, but should be addressed by teacher representatives during the consultation process preceding any such transition.

Schools receive funding for curriculum activities and resources in three main ways:
- Annually from the government on a per student, per class and per school basis. Known as Recurrent Grants (see EOEBG Rates in particular), funding is paid automatically to schools without application being required.
- On an ad hoc basis from the government depending on latest spending commitments. Known as Non-recurrent Grants and requiring application before funding can be authorised and paid to schools.
- Annually and on an ad hoc basis from a school's sponsoring body or associated organisations.

Some funding has specific rules on how money must be used, whilst some is left to the Principal to allocate amongst school departments (known as panels) as needed to support a school's annual and five-year plan.

Funding for English curriculum activities and resources comes from a school's department allocation as well as from specific recurrent and non-recurrent grants as listed below.

1. English Panel Budget
- At the start of the school year, the Principal allocates a budget to the English department with spending purposes agreed with the English Panel Chair (EPC) based upon budget requests made by the EPC toward the end of the previous school year and curriculum goals laid out in the current year's English annual school plan. Money remaining unspent at the end of the year is not retained until the following year, so it is typically the case that toward the end of any given school year spare money may be available for the purchase of books in both the English department budget and the library budget.

2. English Panel Recurrent Grants

Promotion of Reading Grant (PRG): $21k (1-12 classes), $31k (13-24 classes), $42k (25+ classes).
- This annual grant supports all reading activities in the school, not just English, so is available to other departments such as Chinese and STEM. Discussion and agreement within a school is therefore needed every year as to how much funding may be available for English curriculum activities.

Life-wide Learning Grant (LLG): $155k per school + $26k per class.
- This annual grant can be spent across a school on any project/resource supporting life-wide learning including teacher expenses for trips. Discussions need to take place annually within a school to determine any suitable English activities that may be funded.

Composite Furniture and Equipment Grant (CFEG): $9k per class.
- Typically, a school does not allocate this annual money to department budgets, but instead uses it as part of the school's ongoing building maintenance strategy. Should budget be required for items such as English Room furniture, though, it is a possible source of occasional budget funding, especially given that unspent money can be retained by a school for subsequent years up to the total value of five times the annual grant.

English Extensive Reading Scheme Special Domain Grant (ERS) Until 2016: $8,300 per school
- This grant is no longer available and has been replaced by the PRG above. It aimed to allow schools "to buy English reading materials for their students at any level(s) ... purchase of materials, including library books, journals and multi-media reading materials", but ended in 2016.

3. English Panel Non-Recurrent Grants

Jockey Club Joy of E-Reading Scheme (2022/23): Up to $100k per school
- One-off grant to fund e-Readers, e-Books, subscriptions to online reading platforms and activities to promote reading. Application 8 July - 30 Nov 2022.

Quality Education Fund (QEF): Up to $2million per school project, but typically up to $200k per school project
- The QEF is an ongoing multi-billion dollar government funded programme to "support innovations, enrich students' learning experiences and encourage school-based initiatives". Applications must be targeted toward "priority themes" that encompass English activities and teaching. A streamlined application process is in place for funding up to $200,000.

Promoting Effective English Grant Scheme (PEEGS) 2017-2020: $350,000 per school
- This is a one-off government funded grant co-ordinated by SCOLAR and available to all schools to "enhance the capacity of schools for further strengthening the learning and teaching of English Language and to achieve sustainable effects after completion of the Scheme". The final application deadline for schools to apply for this funding is November 2019.

English Enhancement Grant (EEG) 2009-2014: $500,000 per school
- This grant is no longer available and has been replaced by the PEEGS above. It aimed to provide schools with "additional resources to build up their capacity for raising students' English proficiency and to achieve sustainable effects after the completion of the scheme", but ended in 2014.

Upon satisfactory completion of a contract, a NET may be paid a gratuity for the period of service completed, including school holidays taken within the period of service, but excluding any days of unpaid leave or unpaid sick leave taken.

The gratuity is "a sum together with employer's contribution to the MPF Scheme that may equal to 15% of the total basic salary drawn during the period of the Contract" as stated in the Specimen Letter of Appointment. This 'Gratuity MPF offset' is legal in HK and is standard practice across industries.

I.e. Gratuity = 15% salary - total employer MPF payments.

Gratuity should be paid in two instalments equivalent to 95% and 5%:
- The first instalment, known as the interim gratuity, should be paid "not earlier than four clear working days before the commencement of the summer vacation", the first day of students' school holiday as per school calendar. There is no specified latest date by which it must be paid (confirmed by REO). The interim gratuity covers the "completed period of resident service" i.e. the period from the start of the contract to the start of the summer vacation. This is approximately 23 months of the 24 month contract, equivalent to 95%.
- The second instalment, known as the balance, should be paid "not earlier than 4 clear working days before the expiry of the Contract". It is assumed that the last day of the contract is the date by which payment must be made. The balance covers "the period of the summer vacation" which is the remaining 1 month of the 24-month contract, equivalent to 5%.

Gratuity is not granted upon resignation.

Application and Processing
For aided and special schools, an application for gratuity payment should be made by the school to the EDB Funds Section via their SSDO (Senior School Development Officer) in the REO at least 4 weeks before payment is due.

Money is not sent to the school unless they apply for it. It is the school's responsibility to apply. No reminders or such like are given by the EDB, but gratuity payment is part of a typical school's standard, end-of-year administrative activity:
- The school fills out the gratuity application form for 15% gratuity minus an MPF payments i.e. gratuity is not 15%, it is 15%-MPF.
- The school sends the form to the REO SSDO who verifies it and passes it on to the Funds division.
- The Funds division issues a payment to the school via a "Payment Voucher"
- The school then passes that money on to the NET via cheque (seemingly most common) or bank payment.

Refs:
www.edb.gov.hk/attachment/en/sch-admin/admin/about-sch-staff/appointment/app_form_teaching_pri_sch_e_%28rev._2015%29.pdf
www.edb.gov.hk/attachment/en/sch-admin/admin/about-sch-staff/net-scheme/Gratuity-PNETs.pdf
(See small print of the two forms)

NETs in aided and special schools may contact the REO for all issues regarding gratuity. It is the experience of PNETs that the REO has stated to schools that the split should be 95%/5% and that application should be 4 weeks before payment is due. Where gratuity payment procedures are not being followed, the NET Admin Team can also be contacted for additional support.

For government schools, gratuity paperwork is handled internally by the EDB with application not being required.

Gratuity MPF Offset Will Not Be Abolished
In 2018, the government policy address announced the "Abolishing of the 'Offsetting' Arrangement under the Mandatory Provident Fund Scheme". Initially, this was interpreted by many to apply to the gratuity offset, but details of the policy indicate this is not the case and NETs should not expect the 'Gratuity MPF Offset' to be abolished. This has been confirmed by the EDB:

We have not been informed of any changes on the arrangement for "offsetting" arrangement of the severance payment/ long service payment under the MPF system.  However, it seems that the current arrangement of the gratuity provided under the NET Scheme does not have any correlation with the proposed arrangement about severance payment/ long service payment.  Anyhow, for any changes announced in the future, the EDB would review relevant arrangement as appropriate.

The HKPNETs Forum is the primary NET association that represents the views and interests of PNETs in Hong Kong. It is a registered association with a constitution, a Representative Committee of 5 PNETs and a membership of approximately 420 PNETs working in the NET Scheme. It holds regular liaison meetings with the EDB under the authority of Kevin Yeung, then Under Secretary and now Secretary for Education. Summaries of liaison meetings, submissions to LegCo, and discussions with LegCo members are publicly available here.

Nesta represents the views and interests of primary and secondary NETs under the HK Government NET Scheme (up until June 2018, it represented NETs in the "Enhanced NET Scheme" i.e. SNETs), ATs, RNCs, DSS NETs and Ex-NETs awarded lifelong membership. It is a registered association with a constitution, an Executive Committee of 6 SNETs and a membership that is not made public, but was 120 in 2017 and around 80 (22 PNETs, 51 SNETs) in early 2019. It holds regular liaison meetings with the EDB under the authority of the Principal Education Officer of the Professional Development and Training Division. Summaries of liaison meetings and discussions with LegCo are not publicly available.

The final report of the "Evaluation of the NET Scheme in Primary Schools in HK 2015-2016" study (published in June 2019) recommended that the EDB "continue to establish communication channels with NET organisations and seek out their support to provide insight into NET issues and potential solutions." Details of the 20-page paper submitted to the study by the HKPNETs Forum and the follow-up meeting between representatives of the study team and the HKPNETs Forum can be found here. Nesta made no recorded submission.

Liaison on Fringe Benefits

Please refer to the Medical Allowance, Retention Incentive and Special Allowance Sections. Information on an historical proposal for an Education Allowance is available below.

History of Liaison and Recent Representative Activities

In May 2022, the HKPNETs Forum met with representatives of the EDB. The EDB said that due to this year's the Special Holiday arrangements, applications for passage postponement can be made across contracts.

In February and May 2022, Nesta wrote to the EDB asking for NETs to be allowed to work from abroad, work from inbound and forced quarantine, and work from home. The EDB dismissed the requests (1, 2).

In May 2021, the HKPNETs Forum met with representatives of the EDB. The EDB said that previously postponed passage can be further postponed by submission of an application letter as for the earlier postponement.

In May 2021, Nesta wrote to the EDB asking for a cash payout in lieu of passage, the refund of unused flight tickets, a refund of inbound hotel quarantine costs and a dispensation for NETs to undertake inbound quarantine at home for free. The EDB dismissed the requests. Nesta filed a complaint with the HK ombudsman. The EDB dismissed the requests again.

In February 2021, Nesta wrote to the EDB asking for Covid testing to not inconvenience teachers, to be free and to be done at schools. Nesta also suggested that the EDB "retract the policy of equating the opening of schools to Teacher testing" and "explicitly contact the schools that have applied to reopen fully to ensure they did not use intimidation or bullying to achieve the EDB's goals" and that teachers do not "need to be at school to look after only 1/3 of the students who attend lessons." The EDB disregarded the requests and suggestions, and said testing arrangements were announced two weeks before Nesta wrote their letter.

In November 2020, Nesta met with LegCo Councillor Michael Tien and asked for the Medical Allowance to be index-linked to the VHIS (Voluntary Health Insurance Scheme). The EDB disregarded the request.

In August 2020, Nesta met with LegCo Councillor Ip Kin-Yuen and LegCo Councillor Regina Ip to discuss increasing the Medical Allowance with both agreeing to take the request to the EDB. The EDB disregarded the request.

In June 2020, the EDB invited the HKPNETs Forum to participate in its annual Induction Programme for Newly Appointed NETs to introduce the organisation to new NETs.

In May 2020, the HKPNETs Forum met with representatives of the EDB and asked the EDB, "What are the arrangements for the postponement of passage allowance entitlement". The EDB responded with procedural details of how NETs can postpone passage as a discretionary arrangement.

In April 2020, Nesta asked the EDB to "clearly provide NETs and schools the option to postpone the return flight home this summer" and to "Clearly provide schools with a date when summer leave for NETs (at the latest), should commence, such as July 31." The EDB responded that summer holiday arrangements are a school-based decision.

In March 2020, following discussions with the HKPNETs Forum in May 2019, the EDB updated its Frequently Asked Questions to clarify that accumulated sick leave is forfeited upon switching between an aided and government school.

In May 2019, the EDB stated that CV distribution to schools is now undertaken in batches of 20-30 rather than the previous "more than 5" and that differing policies between government and aided schools, such as maternity leave entitlement when switching schools, are now outlined to new NETs during the EDB's Induction Programme. These issues were raised with the EDB by the HKPNETs Forum in November 2015 and April 2018.

In March 2019, the EDB altered its Appointment/Re-appointment policy to allow NETs to request a copy of the vacancy list AND also to ask for CV distribution. Previously, it had been not been possible to ask for both. This issue was raised with the EDB by the HKPNETs Forum in November 2015.

In November 2018, following discussions with the HKPNETs Forum, the EDB stated that the government's proposal to abolish the MPF offsetting mechanism applies to 'severance and long service payment' offsets and does not apply to the NET Scheme 'gratuity' offset.

In November 2018, following seed-project discussions with the EDB, Dr Marija Todorova, Postdoctoral Fellow at the Hong Kong Polytechnic University, invited members of the HKPNETs Forum to participate in research on Children's Literature in English Language Teaching for Primary Students in Hong Kong.

In July 2018, the EDB contacted the HKPNETs Forum regarding its consultation on the Extension of Retirement Age for Newly-joined Aided School Teachers. The HKPNETs Forum responded by "asking as many PNETs as possible to provide personal submissions in support of an extension of retirement age to 65 for ALL teachers ... highlighting the different arrangements between teachers in government and aided schools and also highlighting that the full 2018 civil service guidelines giving all civil servants a choice of 60/65 were not going to be implemented by the EDB". Nesta responded by writing to the EDB asking for their views, asking (due to a misunderstanding of the legal background of the consultation that was highlighted to them before their response) that the consultation be halted and requesting a new consultation take place in the future.

In July 2018, the HKPNETs Forum attended a Professional Code for the Education Profession of Hong Kong consultation session and contributed to a subsequent submission to the Council on Professional Conduct.

In July 2018, members of the HKPNETs Forum were invited to participate in their English-language briefing cum consultation on revisions to the Professional Code for the Education Profession of Hong Kong [Code of Conduct].

In Jun 2018, the Council on Professional Conduct in Education contacted the HKPNETs Forum and Nesta to participate in the second consultation on revisions to the Professional Code for the Education Profession of Hong Kong [Code of Conduct].

In May 2018, following a discussion between Nesta and the EDB about increasing the Medical Allowance, Nesta stated that fringe benefits would remain unchanged and that the EDB had said that any change would need to be approved by LegCo and may trigger a review of the benefit package, possibly reducing benefits in some areas.

In May 2018, following the earlier consultative focus group meetings in December, the EDB invited the HKPNETs Forum to attend a follow-up meeting to discuss the draft Deployment Guidelines; deployment hours were stated as remaining the same and recommendations on 4 weeks' holiday periods were retained.

In April 2018, following discussions with the HKPNETs Forum in July 2016, the EDB stated that issues resulting from a switch between an aided/special school and a government school, or vice versa, such as forfeiture of accumulated sick leave are discussed with new NETs during the EDB Induction Programme for New NETs.

In March 2018, following discussions with the HKPNETs Forum in April 2016 and February 2017, the EDB included clarifications in the annual Appointment/Re-Appointment Circular Memorandum indicating that Form B is intended for any NET who has been in the EDB Candidate pool at any time in the past regardless of how the current contract was obtained, indicating that 1-year extensions should be done with reference to the special circumstances listed in the Memorandum on T&Cs rather than being an alternative option available to schools instead of a standard 2-year re-appointment contract and indicating that Vacancy List/CV Distribution request is an either/or choice (it is not possible to ask for both).

In December 2017, following discussions with the HKPNETs Forum in Nov 2015, July 2016 and April 2017, the EDB conducted two consultative focus groups on the proposed update of Deployment Guidelines with the HKPNETs Forum and Nesta invited to attend. The HKPNETs Forum asked for deployment hours to remain as they were and for the section on 4-weeks' summer holiday to be retained. Nesta asked for more EDB involvement in schools as NETs are employed by the EDB (this misunderstanding was corrected at the time), for NETs to attend all meetings held in Cantonese and for NETs to set exam papers.

In May 2017, following representations from Nesta and the HKPTU, LegCo Councillor Michael Tien submitted a LegCo Council Question asking for the NET remuneration package to be reviewed and for the Medical Allowance to be increased. The EDB responded that "The existing remuneration package for the NET Scheme is adequate", that the EDB "will follow the established and effective practice and review the remuneration package for NETs from time to time to attract quality teachers to become NETs", and also stated - for the first time on public record - its intention to consider the long-term financial implications of the NET Schemes.

In April 2017, following earlier discussions in Nov 2015 and July 2016, the HKPNETs Forum discussed the issue of consultation for the proposed update of Deployment Guidelines; the EDB stated that invitations to participate in a consultative focus group will be issued to the HKPNETs Forum and to Nesta.

In March 2017, Nesta consulted a lawyer for an opinion on challenging the EDB on fringe benefit entitlement. Following the opinion that Nesta "would need to be able to point to some breach of contract normally to characterise it as an employment dispute" and advice on possible costs, Nesta decided not to pursue the issue further.

In Feb 2017, the Council on Professional Conduct in Education contacted the HKPNETs Forum and Nesta to exchange views on the consultation being undertaking for revisions to the Professional Code for the Education Profession of Hong Kong [Code of Conduct] and Case [of Misconduct] Handling Procedures.

In late 2016, Nesta asked the EDB for a Medical Allowance adjustment mechanism similar to that for SA and an increase in the allowance. The EDB responded saying that any revision of the allowance needs to be approved by LegCo and any increase could result in less money being allocated for the SA or passage allowance. Subsequently, Nesta re-submitted the request via a LegCo Councillor and via the HKPTU with a view to obtaining a 570% increase in the allowance. The EDB rejected the request.

In mid-2016, Nesta submitted a letter to the EDB re-introducing the request to change the Special Allowance Mechanism to address "unfair" implementation and petitioned the EDB "for NETs to be paid the same Special Allowance as they used to be". Subsequent to this, PNETs sent a letter to the Secretary for Education stating that Nesta does not represent the views of PNETs and that the HKPNETs Forum is the organisation that represents PNETs; the EDB stated its desire to continue communication and collaboration with the Forum through the various channels. The EDB disregarded Nesta's proposal and petition and increased the special allowance in line with the Adjustment Mechanism.

In May 2016, Nesta discussed with the EDB the issue of NETs attending meetings held in Cantonese. Subsequent to this, the EDB added a new section to its Frequently Asked Questions to state that "Schools may need every teacher to be in staff meetings and that the NET's presence in meetings may matter to other teachers. Therefore, schools are requested to give due consideration when requiring their NETs to attend meetings conducted in Cantonese, and do so as appropriate. NETs not attending staff meetings conducted in Cantonese should be engaged in developmental or value-adding activities, NOT doing marking or regular lesson preparation or administrative duties."

On 14 December 2015, CHAN Ka Ki, Catherine, Deputy Secretary for Education, confirmed to LegCo that the EDB would maintain close communication with different stakeholders in the implementation of the NET Scheme.

In November 2015, the HKPNETs Forum discussed with the EDB its plan to update and issue new Deployment Guidelines without consulting PNETs. Subsequent to this, the EDB committed to "consult stakeholders, including NETs using focus groups, established channels of communication and [a] online survey" with a view to issuing new Guidelines by the end of the 2017/18 school year.

In November 2015, the HKPNETs Forum discussed with the EDB the issue of contract documentation not having update dates or reference numbers and the issue of the checklist distributed to Principals of forms that need to be submitted not being easily available to NETs. Subsequent to this, the EDB now includes an date of update on all updated documentation including contract terms and conditions and has published the Notes for Applications checklist on its website.

In September 2015 the HKPNETs Forum and representatives of the EDB began to hold regular meetings to discuss issues relating to the NET Scheme.

In July 2015, the HKPNETs Forum discussed with the EDB the issue of improving NET communication channels. Subsequent to this, the EDB now sends emails as standard practice to both the HKPNETs Forum and Nesta with details of any updates made to NET Scheme documents available on its website.

In early 2015 the EDB commenced a $1.3million NET Scheme Evaluation Study conducted by Azusa Pacific University. The EDB informed Nesta of the details of this study in November 2014, but this information was not passed on to PNETs. Subsequently, the HKPNETs Forum submitted a formal paper to the Study Team detailing questions raised by PNETs and discussing relevant NET Scheme issues to support the objectives and terms of reference of the evaluation study. The HKPNETs Forum also met with a representative of the research study team to discuss PNET views on the implementation and effectiveness of the NET Scheme.

In November 2014, Nesta asked the EDB to introduce an education allowance and to increase in the Medical Allowance and proposed a Medical Allowance adjustment mechanism similar to that for SA. The EDB said an education allowance is not viable especially given the political climate typified by the recent LegCo meeting that had discussed the high salaries of NETs. The EDB said that there are affordable medical insurance packages with reference to the present rate of Medical Allowance as well as the services of public hospitals being available.

In November 2014 LegCo held a review meeting which focussed on the NET Scheme.

Following this meeting, the HKPNETs Forum made a formal submission to the LegCo Education Panel to respond to questions and concerns raised by LegCo members. The Hon Regina Ip, GBS, JP and Hon Michael Tien, BBS, JPT subsequently invited the HKPNETs Forum to a meeting to discuss the effectiveness of the NET Scheme which in turn led to an invitation to meet with Kevin Yeung, the Under Secretary for Education to discuss NET Scheme related matters.

Also following this meeting, LegCo Councillor Ip Kin-yuen published an article in the HKPTUNews newsletter containing the results of NET Scheme survey he had conducted. The HKPNETs Forum made a formal submission to the HKPTUNews challenging statements made in the article as summarised here.

In August 2014, Nesta requested a change in the Special Allowance Mechanism to address "unfair implementation". The EDB rejected the request as, being the gatekeeper to public money, the EDB is obliged to follow the established LegCo-approved mechanism. Subsequently, Nesta re-submitted the request via LegCo Councillor, Emily Lau. The EDB rejected the request for the same reason.

In June 2014, Stephen Krashen, Professor Emeritus, University of Southern California, wrote a letter to the SCMP suggesting the NET Scheme should be abolished. Members of the HKPNETs Forum wrote to Prof. Krashen expressing disagreement with his position given that the NET Scheme implements his own research recommendations and pedagogical approach and inviting him to visit schools in HK on his next visit. Subsequently, Prof. Krashen wrote to the SCMP clarifying he does not wish the NET Scheme to be abolished.

In 2013 LegCo held a review mtg of the NET Schemes. NET representatives were not invited to attend.

In April 2012, members of the HKPNETs Forum liaised with the EDB to establish that the NET Scheme is implemented in public sector schools (government, aided, special and caput schools) and not in DSS or private schools that operate within HK's private education sector.

In March 2012, Nesta asked the EDB to increase the gratuity to 17.5%. The EDB disregarded the suggestion.

In February 2011, Nesta asked the EDB to change the remuneration package: backdated SA adjustment; a different baseline for the SA Mechanism; an increase in baggage allowance and further increases based on years of service. The EDB disregarded the suggestion and advised that such a proposal would require LegCo Finance Committee approval and would likely trigger a full review of the overall remuneration package.

In March 2010, Nesta proposed to the EDB that the SA Mechanism be changed to "take into account the actual rental price applied to the calculation of the adjustment, which is the current special allowance rate" and that there to be a review of the remuneration package. The EDB disregarded the proposal.

In April 2008, Nesta asked the EDB to change the remuneration package: 45% increase in SA, 15%/17.5% RI for 6/8 years' service, gratuity increase to 18% to compensate for change in $HK, education allowance of 50%/25% school fees for 1st/subsequent child, 257%/177% increase in single/married medical allowance, baggage allowance of 1 cubic metre. In May 2008, Nesta submitted a petition to the EDB asking for the same. In July 2008, Nesta approached LegCo with the same request. In Aug 2009, the EDB disregarded the request and said that Nesta had agreed in July 2009 that "given the present serious economic downturn and other policy considerations, it was not a suitable time to conduct a comprehensive review on the remuneration package of NETs".

In January 2008, Nesta met with the Secretary for Education, Michael Suen, and asked for the remuneration package to be changed: PNETs and SNETs to be paid the same, 60% increase in medical allowance, 53% increase in baggage allowance. Mr Suen disregarded the request.

Between 2007 and 2008, Nesta petitioned the EDB to increase entry qualifications for PNETs to ensure only "qualified and experienced teachers" were recruited so that the integrity of the Enhanced NET Scheme would not be affected. The EDB introduced a mandatory TEFL for PNETs from 2009/10 with a strict requirement of 100-hours' tuition and a practical teaching component.

In Apr 2007, LegCo held a full review of the NET Scheme policy. The views of fourteen associations were sought: thirteen attended the meeting; all supported the NET Scheme Policy. Nesta proposed teaching degrees be mandatory; that the "wrong type of NETs" be weeded out; increases in SA, baggage and medical allowances; removal of school-based management for NETs; a new education allowance and an increase in salaries. Lee Weston and Craig Boswell attended and repeated their petition. Other associations asked for contracts to be five-year and schools with a good track-record of NET retention be given priority; asked for two NETs per school, Induction for new NETs and a cash allowance in lieu of a NET. The EDB disregarded all suggestions.

In Mar 2007, two SNETs, Lee Weston and Craig Boswell, petioned LegCo in their own right on behalf of all NETs for the the 2005 SA increase to be backdated for all NETs and for $29,500 compensation to be paid to NETs signing contracts in 2004. This led to LegCo initiating a full review of the EDB's NET Scheme Policy and seeking the views of principal association.

In 2006, the HKPNETs Forum was established by PNETs as an association for NETs working in the NET Scheme.

In November 2005, the EDB's proposal to introduce a new retention incentive was authorised by the LegCo Finance Committee. The EDB stated they had "reviewed the adequacy of other components of the remuneration package for NETs and do not find it necessary to make any change at this stage".

In July 2005, the LegCo Education Panel held a meeting to discuss NET Scheme cost-effectiveness and recruitment issues. Nesta submitted its petitions again and attended the LegCo meeting. The EDB argued against the petitions. LegCo expressed concern about the increasing turnover rate of NETs and asked the EDB to consult Nesta on improvements to the NET Scheme and to make recommendations to enhance the competitiveness of the NET Scheme. In Oct 2005, the EDB disregarded the petitions and instead instituted the Retention Incentive. The EDB stated that it would continue to consult with NETs through various channels including the parent-teacher associations; in 2006/7 the Principal Education Officer of the Professional Development and Training Division, EDB, began to hold regular meetings with Nesta to gauge views and feedback from NETs.

In June 2005, the "Allnets" Yahoo discussion group was established as an adjunct to Nesta's Special Allowance and Gratuity Committee to "to help disseminate pertinent information to all NET teachers in Hong Kong" to NETs "on the Hong Kong Government's Enhanced NET Scheme".

In May and June 2005, Nesta petitioned LegCo to change the remuneration package: 25% gratuity, 43% increase in SA, 5-year long-service award of 4 mths salary and an increase in medical allowance justifying them through rental and moving costs, tax increases, rising school fees, local health issues, bird flu, sars, challenges of living in hk, family outings costs, rising salaries of domestic helpers, and reduced earning power etc.

In 2003, a year after the NET Scheme started in primary schools, the EDB asked LegCo to approve a new SA Adjustment Mechanism. LegCo Education Panel members encouraged the EDB to consult with NETs with the help of the HKPTU. The EDB said it would consult with NETs through various channels.

In 2002, LegCo raised concerns about the difficulty in recruiting and retaining SNETs. In response, the EDB designated an Education Officer to act as a contact point for resolving issues.

In 1999, Nesta was established by SNETs as an association for NETs working in the Enhanced NET Scheme.

In 1998, the Enhanced NET Scheme was established in secondary schools.

Liaison on a Proposal for an Education Allowance

In 2007, Nesta proposed to EDB and to LegCo that an Education Allowance be added to the fringe benefits package.

In 2008, Nesta asked the EDB (April) and LegCo (July) for an Education Allowance of 50% school fees for a first child and 25% school fees for subsequent children was submitted . The EDB responded in 2009 saying that there is no justifiable reasons to revise fringe benefits of NETs in light of stringent policy considerations on the fringe benefits of the civil service and that it had been agreed with NET representatives that a comprehensive review of remuneration would not take place in in the foreseeable future.

In late 2014 Nesta asked the EDB for an Education Allowance with the EDB responding that such an allowance is not viable, especially given the political climate typified by the Nov 2014 LegCo Education Panel meeting that had highlighted perceived high salaries of NETs.

The Medical Allowance facilitates the reimbursement of medical insurance scheme costs to the value of HK$1,400 per year for a single NET and HK$5,400 per year for a NET accompanied by spouse and/or children. Whilst the two reimbursements are often referred to as single/family there is no requirement to be married to claim for a child; single NETs with children are entitled to the "family" reimbursement.

Participation in a medical insurance scheme is not mandatory and there are no restrictions regarding the choice of insurance provider, the choice of policy provision and cover, or the actual cost of a chosen policy. Where a chosen policy costs in excess of the allowance value, reimbursement is possible to the amount of the allowance value. Double-benefits arising from employment or from a spouse's employment are not allowed and must be declared during application.

Application for reimbursement should be made every school year, but based upon the NET contract period 16 Aug - 15 Aug. Typically, insurance policy coverage does not coincide with the contract period. Once a new policy has been purchased during the school year, a single application should be made covering the period 16 Aug - 15 Aug with the 'insured period' and 'insurance premium payment total' referencing the cummulative period and total value of both the new and old policies. Both policy schedules should be attached to the application as well as proof of purchase for both policies such as a credit card or bank account statement with non-relevant entries blacked-out. If monthly payments are made proof of purchase is needed for every monthly payment up until the relevant maximum allowance value is achieved.

Reimbursement is typically made by the school via cheque or bank transfer rather than via automated monthly salary payment.

A late application made within the contract period is also flexibly accepted although not encouraged. Retrospective applications not made within a few months of contract completion should be accompanied by a letter from the school explaining the late application, supporting the application and confirming its eligibility. Such applications are considered on a case-by-case basis.

The Medical Allowance is taxable (see EDB FAQ Q22 and Government Schools Memorandum on T&Cs, 2015,  Section 14.2).

Enquiries about the Medical Allowance should be directed toward the EDB NET Admin Team for aided and special schools and the Administration Division for government schools.

NET-Specific Medical Insurance
Until 2021, all teachers can make use of medical insurance schemes available through the HK Professional Teachers' Association.

Local and international insurance providers are unwilling to provide NET-Specific medical insurance policies to groups of NETs:

- Group schemes are usually compulsory such that the insurer's risk can be spread over a range of ages, sexes and general levels of health. Where there is no compulsory participation, companies' experience is that the older or less healthy are more likely to take up policies which skews the risk profile. Given that NET insurance coverage is not compulsory and uptake is likely to be limited in number and high-risk in nature companies are generally not willing to take on NET-specific group-policy business. Until 2021, Blue Cross insurance coverage was able to overcome this though an extremely large membership encompassing the 53,000 primary and secondary teachers eligible to join its schemes. Policies provided by the English Schools Foundation to its staff overcome these issues by making enrolment mandatory for the 1300 teachers at its 22 schools.

- NETs in government schools are employed by the government, but are not classed as civil servants. NETs in aided and special schools are employed individually by a given school. Insurance companies will not provide specialised insurance coverage to a school with only 1 employee requiring dedicated insurance. They are similarly unwilling to provide coverage to associations with low-numbers of employees such as the EDB with only 64 NETs in government schools under its control, to a sponsoring body with multiple but small numbers of schools under its remit, to Nesta with its 130+ members or to the HKPNETs Forum Primary Association with its 400+ PNET members.

The HKPNETs Forum has sourced two companies willing to provide NET-specific policies:
 - ACE Life Insurance policy includes life, accident, hospital and critical illness cover.
 - ALC/Village International Insurance policy based on standard international ex-pat insurance coverage with associated higher-level premiums
   (Policy withdrawn in 2017 due to lack of uptake after being established in 2015)

*** Many thanks to the PNET who spent many months investigating this issue and to the PNETs who facilitated the NET-specific policies mentioned. ***

Review/Adjustment of the Medical Allowance

Medical Allowance reimbursement is provided on a fixed-sum basis as determined by LegCo when the NET Schemes were established (see Review of the Medical Allowance below). There is no separate adjustment mechanism for the medical benefit, which follows that for the civil service.

Changes in living expenses, such as those due to changes in medical policy costs, are supported through the index-based, annually-adjusted Special Allowance which is "provided on a non-accountable basis so as to provide the NETs with the flexibility to dispose the allowance in meeting other living expenses of their own choosing".

In November 2020, Nesta met with LegCo Councillor Michael Tien and asked for the Medical Allowance to be index-linked to the VHIS (Voluntary Health Insurance Scheme). The EDB disregarded the request.

In August 2020, Nesta met with LegCo Councillor Ip Kin-Yuen and LegCo Councillor  Regina Ip to discuss increasing the Medical Allowance with both agreeing to take the request to the EDB. The EDB disregarded the request.

In May 2018, following a discussion between Nesta and the EDB about increasing the Medical Allowance, Nesta stated that fringe benefits would remain unchanged and that the EDB had said that any change would need to be approved by LegCo and may trigger a review of the benefit package, possibly reducing benefits in some areas.

In May 2017, LegCo Councillor Michael Tien submitted a LegCo Council Question on behalf of Nesta and the HKPTU asking for the Medical Allowance to be increased. The EDB responded that "there are alternative medical insurance plans available in the market which are under the maximum rate of medical allowance. We have also shared such information in the liaison meetings with the NET association concerned. Just like local residents, NETs are also entitled to public healthcare services. Besides, the special allowance provided by the EDB for NETs is flexible. They can flexibly use the allowance for meeting various needs."

In Nov 2016, Nesta asked the EDB for an increase in the Medical Allowance and proposed an adjustment mechanism similar to that for SA. The EDB responded "any revision of the allowance needs to be approved by LegCo. EDB has looked at plans in the market and some are within the allowance e.g. HKPTU basic plans. NETs are also eligible for public medical services. NETs have other allowances e.g. SA, which NETs have the flexibility to use to cover other living expenses. The medical allowance is not intended to provide full coverage of private health insurance. Priority is given to the SA and passage allowances. A lot of work would need to be undertaken to achieve increases in the medical allowance and even if increases could be achieved these could result in less money being allocated for the SA or passage allowance." Nesta also asked for doctor receipts to be used in lieu of the allowance. The EDB disregarded the request. Nesta approached LegCo Councillor Regina Ip and HKPTU President Fung Wai-wah proposing an increase to the Medical Allowance and an adjustment mechanism linked to inflation with a view to obtaining a 570% increase in the allowance. In response to the letters they subsequently sent, the EDB rejected the proposal.

In 2014, Nesta asked the EDB for an increase in the Medical Allowance and proposed an adjustment mechanism similar to that for SA. The EDB stated that it "had conducted a market search and found that there were affordable packages with reference to the present rate of allowance. NETs could consider the basic medical insurance plans and avail themselves of the service of public hospitals."

In April 2008, Nesta asked the EDB for a 257%/177% increase in single/married medical allowance and asked LegCo for the same in July 2008. The EDB said there is no separate adjustment mechanism for the medical benefit, which follows that for the civil service; given the stringent policy considerations on the fringe benefits of the civil service, it would not warrant any justifiable reasons for EDB to revise the medical allowance; this was presented to Nesta in a liaison meeting on 8 July 2009 at which full understanding was expressed that it was not a suitable time to conduct a comprehensive review on the remuneration package of NETs under the NET Schemes in the foreseeable future.

In January 2008, Nesta met with the Secretary for Education, Michael Suen, and asked for the remuneration package to be changed: 60% increase in medical allowance.

In 2007, Nesta proposed to LegCo an increase in the Medical Allowance. The EDB stated the attrition rate of NETs in the 2005-2006 school year had improved to 32% and 25% for primary NETs and secondary NETS respectively and adopt appropriate measures to improve the competitiveness of the remuneration package if the attrition rate increased in the 2006-2007 school year.

In 2005, Nesta proposed to LegCo an increase in the Medical Allowance. The EDB stated, "The provision was originally made in 1997 to reflect the average government cost of medical benefits paid to comparable civil servants. As NETs are on valid work visa and they enjoy the public sector medical services just like every member of the public, we consider that there is no case to improve on this medical provision as at present."

In 2002, the fixed-rate Medical Allowance was approved by LegCo as part of the reimbursement package for primary NETs at the commencement of the NET Scheme.

In 1997, the fixed-rate Medical Allowance was approved by the LegCo Finance committee as part of the reimbursement package for NETs at the commencement of the Enhanced NET Scheme.

Schools must send a notification of the granting of no-pay leave to the respective SSDO in the respective REO. Notionally, the letter to the REO requires "approval" from the Education Secretary to pause salary and shift the incremental date, but that should be just a technicality as the letter is simultaneously "copied to [the] Finance Division" for action.

Rules governing no-pay leave are detailed in the Code of Aid (section 28) and apply to all Ts, not just NETs.

The key difference between no-pay leave and sick/special leave is that abutting holiday periods/weekends affect salary and also affect salary increment dates as detailed in the code of aid:

28.
...
(b) ... Such no-pay leave shall not be counted for the purposes of increments.

(c) When the last day of such no-pay leave is followed by a Sunday or a gazetted public holiday, such Sunday or gazetted public holiday will be regarded as an extension of the period of no-pay leave.

(d) When the last day of such no-pay leave is followed by the major school holidays, i.e., Christmas, Chinese New Year, Easter and Summer Vacation, payment of salary will resume on the day the staff reports to school for duty, provided that it is neither a Sunday nor a gazetted public holiday.

(e) When the last day of such no-pay leave is followed by a school holiday, other than the major school holidays, payment of salary will resume on the day following the last day of such no-pay leave provided that it is neither a Sunday nor a gazetted public holiday.

(f) Where, however, no-pay leave has been granted as no-pay maternity, sick, or special tuberculosis leave, payment of salary will resume on the day following the last day of such no-pay leave, notwithstanding that the day following the last day of such no-pay leave may be a Sunday or a gazetted public holiday.

The EDB confirmed in 2022 that no-pay leave before a holiday results in the holiday also being no-pay leave unless NETs/Ts "report for duty" before the holiday starts and also stated in Nov 2015 that, due to the code of aid rules above, it is normally not possible to take special leave immediately after no-pay leave.

If a NET applies for passage reimbursement for flights taken during a period of no-pay leave, a letter should be attached to the application explaining to the NET Admin Team that passage was taken during term-time due to no-pay leave having been authorised by the school and the REO. This should help avoid any possible delays.

Taking no-pay leave pauses salary, the Retention Incentive (linked to salary), the Special Allowance (MOCS, Annex B, paras 3,4) and gratuity (linked to period of service). It also affects the annual salary incremental date as follows:

"Serving teachers taking a no-pay leave of more than 15 days and less than or equal to 45 days consecutively will have their incremental dates (ID) deferred by one month; a no-pay leave of more than 45 days and less than or equal to 75 days consecutively deferred by two months; and so on. Their ID will remain unchanged if the no-pay leave taken is less than or equal to 15 days consecutively."

So, if you take 21 days of no-pay leave, then you lost 21 days' salary, 21 days' RI, 21 days' SA, 21 days' gratuity and your salary incremental date is delayed by 1 month as well (e.g. from 1 Sep to 1 Oct)

For issues regarding leave, the EDB advises NETs to talk to the school Principal in the first instance and if further assistance is needed to contact the school REO.

The entitlement is stated in contract documentation (MOCS section 9) with full details listed in Annex B of the same. Note that when first joining the NET Scheme, or finally leaving the NET Scheme, the allowance is slightly different (see Annex B for details).

Flights should be taken during the summer vacation immediately prior to the expiry of the Contract, not earlier than two months prior to the completion of the Contractor nor later than two months after the completion of the Contract. 

Purchase of Tickets

The following suggestions apply to aided and special schools from the school year 2022/23. They don't apply to government schools that have their own rules (contact the Appointment and Personnel Section for details).

1. Summary

Based on the detailed information described below, for the best chance of reimbursement going smoothly:
-- Choose the city you want to fly to.
-- Choose the city you want to fly out from.
-- Choose the times/dates that you can/want to fly.
-- Choose a direct ticket if available, indirect if not with no stopovers other than those needed to get the next flight.
-- Choose a standard return economy ticket not Business or Premium Economy etc.
-- Choose a child ticket for infants (1, 2, 3, 4) but do not choose any ticket for children over 18 as it cannot be reimbursed.
-- Choose a ticket that includes a rebooking fee or has no option to rebook, has a free allowance of checked luggage, but does not include any add-ons like rebooking insurance. If the ticket includes a seat pre-selection charge, expect that to not be reimbursed.
-- Confirm with your school that they are happy with the ticket choices made and that procurement of that ticket can commence
-- Discuss with your school how ticket payment should be made: are they happy for the NET to use a credit card or should the school make payment instead
-- Discuss with your school how to go about getting quotations and what quotations they need to get (see Guide to Quotations below)
-- Make sure your school gets quotes for the flight you have chosen before purchasing them
-- Purchase the ticket
-- Confirm that the school has obtained quotations either before making the booking or shortly thereafter

-- Do not rebook or upgrade the flight without documentary evidence showing it was by not your own choice (See below for more detail)
-- If there are any changes to your flights during the journey get documentary evidence of those changes being forced on you
-- And, keep your boarding passes!

If a NET wants to make different choices to those summarised above as having the best chance of reimbursement, and wants to accept the increased risk of non-reimbursement that might result, it would be well worth confirming potential choices with the NET Admin Team in advance of purchase

Examples of applications for reimbursement that have been returned to schools or advised as not being allowed:
- Tickets not purchased using the full school-based procurement process
- Flights upgraded
- Flights rebooked before passage commenced
- Return flights rebooked due to undocumented illness
- Return flight rebooked due to death in the family
- Tickets included a leisure layover on the flight to/from HK
- The wrong type of economy was purchased that was not deemed a "standard economy ticket"
- Cathay Economy Flex ticket purchased with no rebooking charge
- Business tickets purchased
- Two quotations not obtained by the school
- Five quotations not obtained by the school for $50k total purchase
- NET obtained quotes rather than the school
- Quotations not obtained before ticket was purchased
- Quotations obtained 3 weeks after ticket purchased
- Family members travelled on different flights on return journey due to undocumented Covid illness

2. Basics
- For the purchase of tickets, schools must abide by the same purchasing guidelines as they do for all school purchases including trips/travel to China or other countries for students/staff.
- The guidelines are summarised in Circular 4/2013 and detailed in the Guidelines on Procurement Procedures in Aided Schools and the associated FAQ (Chinese only).
  [The note at the top of passage reimbursement application form C, "Schools ought to assign clear segregation of staff duties at different stages of the procurement process to ensure openness and fairness" is a direct quote from the guidelines.]
- However, not all guidelines apply to passage reimbursement e.g. tender requests, sealed quotations, preparation of written quotations.
- It is not a school-based decision whether to abide by these guidelines as the school may be subject to EDB internal audit to verify guidelines are being used correctly for all procurement.
- Relevant procurement procedures to facilitate best-price are reflected in the requirement for quotes to be obtained and for reimbursement to be based on the lesser cost of either actual flights taken or quotes obtained.
- For reference, figures from 2015/16 indicated that passage accounted for approximately 0.01% of NET Scheme costs.

- The Passage Allowance is taxable and should appear on the end-of-tax-year 'Return of Payroll Emoluments' issued by schools to staff in April.
- Government schools do this, but many aided/special schools do not due to historical confusion as to the taxable status of the passage allowance that was addressed by the IRD in 2016.

3. Home Country/City
- Passage entitlement is to the home country, so therefore includes any city in that country whether they have direct flights or not.
- NETs can choose the appropriate city for their circumstances and arrange flights accordingly including any internal flights necessary to get to that city.
- But, any such internal flights must be part of the same ticketed journey (see stopovers below)
- Different cities to fly into and out of can be chosen, but it must be a return ticket (i.e. multi-city) and any inter-city transport must be at the NET's expense.
- Different cities can be chosen for each contract, so it is not necessary to choose the same city as last time.

4. Flight Purchase
- NETs are entitled to a "standard economy ticket"
- Currently, the NET Admin Team will not definitely say what is or isn't "standard".
- They evaluate on a case-by-case basis and have been told by senior management to focus on the cheapest cost
- That leaves NETs in the meantime having to take the risk on what "standard economy ticket" will be reimbursed...

- The contract states that rebooking fees must be covered by the NET (MOCS Annex A, para. 6)
- A fully flexible ticket effectively means that any rebooking fee would be paid by the EDB, so this cannot be standard economy
- So, a standard economy ticket that includes a rebooking fee falls into the definition of a ticket we can purchase whilst any that do not have a rebooking fee will not be allowed (such as Cathay Economy Flex).
  [On occasion, NETs have been reimbursed for Flex, but this by omission rather than by policy].
- In the past, standard economy has always included a free amount of baggage, so it would be currently safe to assume that tickets such as Cathay Economy Essential that provide additional free baggage would likely be reimbursed.
  [Note: a government PNET was advised that only Cathay Light is "standard", so there may be some other reason why Cathay Essential is not allowed.]
- Tickets like "Premium Economy", would not fall into the allowed category as they also provide extras above a basic ticket
- As would other tickets that provide other added extras such as 'rebooking insurance cover'
- So, standard economy is: rebooking fee, a free amount of checked luggage and no other add-ons

- Business tickets cannot be purchased because quotations need to be for the class of ticket actually purchased and the contract says that should be standard economy

5. Stopover/Layover
- Stopovers that provide the NET with additional benefit are no longer reimbursed
- So, a stopover as part of the ticketed journey to await the next flight is OK
- As is any stopover arranged by the airlines due to flight delays etc. with documentary evidence to show it was airline-initiated
- But, a stopover chosen by the NET to, say, allow time in the stopover city for leisure is not OK
- Note: Until 2022/23 stopovers were allowed (1, 2, MOCS, Annex A, para.1).

6. Upgrades
- Ticket upgrades (paid for by the NET) are no longer reimbursed as the flight taken, as proven by boarding passes, is not the standard economy stated in the contract/quotations.
- However, if an airline upgrades the seat that is ok, but documentary evidence is needed for the airline-initiated upgrade

7. Quotations

It is the school's responsibility to source quotes as follows:

Under $50k = 2 quotes
 - Technically, these can be 'oral' quotations obtained say from a travel agent over the phone by school admin staff and noted on a 'Purchase by Oral Quotation Form'.
 - For simplicity, it is better to print/screen-shot online quotations (see FAQ Q12+Q27) either from airlines or flight providers (in line with standard practice to date).

$50k or Over = 5 quotes
 - All quotations must be 'written' quotations. These can either be an emailed quotation from a travel agent to the school, printed and verified by the school via school-chop or a print/screen-shot of online quotations from airlines or flight providers also verified by school-chop.
 - Technically, if it is not possible to get 5 quotes, "the circumstances should be explained and recorded on file" by the school and also detailed in an attachment to the application. The NET Admin Team do not believe that this should ever be the case though as 5 quotations for the same flight could be obtained from 5 different online flight providers/travel agents.
 - Note: The guidelines state "Schools may only make repeated procurement of the same items within 12 months by oral quotations and written quotations if the cumulative value of the procurement does not exceed $50,000", but this does not apply where a postponed flight is taken within the same year as a normal contract flight as the passage relates to two different contract entitlements as stated in Part II of the application form.

In both cases:
 - One of the quotations can be the quotation for the ticket subsequently purchased, but this must be a quotation document not the actual ticket purchased or booking confirmation given.
 - Quotations can be be from travel agents, airlines or flight providers such as Ctrip, Expedia etc. (as originally confirmed by the EDB in 2021).
 - Travel agent quotes do not need to be chopped and obtained in person, but can be sent by email and then verified via school chop.
 - Quotes can be printed/screen-shot online quotations, so long as they clearly show the date, price and a class of travel and are also verified by school chop.
 - There are no specific restrictions on what quotations should be obtained, so there is flexibility to obtain quotes best suited to passage arrangements or the ease of obtaining such quotes. The expectation is that quotes can provide a reasonable comparison to the flight purchased.
 - Quotes can therefore either be for the same flight, for similar flight times on the same date, or a mixture of both.
 - Quotes must clearly show the date, price and a class of travel. Some airlines don't have ticket classes that easily show they are equivalent to economy class. If this is the case it helps to attach a copy of an airline class structure that allows this equivalence to be seen.
 - Quotes should be 'verified as real' by school chop and all quotes need to be attached to the reimbursement application and posted to the NET Admin Team, so make sure your school takes copies beforehand.
 - There is only 1 specific deadline/timescale by when quotes should be obtained: they must be obtained before the journey commences.
 - However, the expectation is that quotes should provide a reasonable comparison to the flight purchased, so schools have been advised (1, 2) to obtain quotes around 2/3 days of purchase to facilitate such a comparison. Where this is not possible, say if a NET books tickets during a holiday period when not at school, quotes should be obtained as soon as possible thereafter.
 - If the NET Admin Team determines the time difference between purchase and quotation is too large to allow a reasonable comparison of flight prices to be made the school will be contacted by phone to be informed as such. This may be interpreted by the school as the application being "rejected", but the NET Admin Team has stated that this is not the case in the first instance: more information will be being requested of the school to facilitate the application rather than a formal rejection letter being issued at this stage. Where a school is not willing/able to provide further information NETs can contact the NET Admin Team to discuss how to resolve the matter.
Additionally:
- As a basic part of school-based procurement there is an expectation that the cheapest option be found/looked for
- This is not however something the NET Admin Team looks to enforce
- So, schools do not have to look for the very cheapest ticket available
- But, rather, quotations must allow a reasonable comparison to be made for the ticket purchased
- As such, it is perfectly ok for 5 quotes to be obtained for the same airline - Cathay, say - from 5 different sources.
- There is no requirement either for quotes across a range of airline to be obtained
- It also means that when you buy a direct ticket, the quotations must be for a direct ticket and not for a cheaper indirect flight should one exist

- Technically, to be in line with procurement procedures, quotes should be obtained before purchase of ticket.
- But, given the problems this may cause NETs/schools and to allow NETs some flexibility to more easily purchase tickets the NET Admin Team does not enforce this and instead quotes have to be obtained asap after booking (e.g. 2/3 days, or later if booked, say, in a holiday) so long as a reasonable comparison can be made to the purchased ticket.

8. Payment
- Our contract says that we should purchase the ticket in the first instance
- But, flights cannot be booked using accumulated air-miles.
- Based on past/current practice, flights can be paid for by the NET using their personal credit card
- This is further supported by the procurement FAQ Q2 that states personal credit cards can be used in special circumstances
- But, if a school believes this should not be the case (due to the NET receiving the personal benefit of points accumulation on the purchase) then the school can use it's own credit card to pay for the ticket.
- And if a NET wishes for the school to pay and the school is willing to do so, that is ok too.
- If asked, the NET Admin Team will advise schools that they should follow their existing credit card practices.

9. Rebooking
- As a base rule NETs cannot choose to rebook tickets as this results in a flight/ticket for which quotations have not been obtained
- If a NET wishes to change the booking, the tickets need to be cancelled and the purchasing procedure restarted again for the new flights
- But, rebooking is possible as follows:
-- If an airline changes or delays the flights, documentary evidence is needed
-- If a school changes calendar/holiday dates, documentary evidence is needed
-- If illness of the NET or family member prevents travel
    -- Medical certificate must state that 'travel is not possible'
    -- If not, it cannot be reimbursed

10. Application
- An application for Passage Allowance should be made at the start of every contract using application Form C.
- If an application for Passage Allowance is submitted late, a letter needs to be included explaining why application has been delayed.
- If an application is for flights taken during a period of no-pay leave, a letter should be attached to the application explaining to the NET Admin Team that passage was taken during term-time due to no-pay leave having been authorised by the school and the REO.
- Schools must physically submit the application to the EDB by post including all quotation documents but not tickets or boarding passes which are kept by the school (see Part II of the application form).
- Note: In 2022, the EDB NET Admin Team updated the passage application form so that all quotation documents must be attached to the application form and sent to the NET Admin Team. Before 2022, schools kept quotes as well as tickets/boarding passes with the EDB requesting faxed copies as necessary.
- The application form states that quotations must be sent to the NET Admin Team and tickets/boarding passes kept in the school records
- But, the EDB can request copies of boarding passes to verify that the flights taken correspond to the quotations obtained
- So, all boarding passes should be kept and given to the school.

- If returning to HK for renewed contract, one form should be submitted for both flights at the start of the new contract within one month of flights have been completed.
- If moving schools then two applications need to be made, one from the old school for the flight to the home country and one from the new school for the return journey to HK.
- If leaving the NET Scheme an application for the flight home should be submitted one month before the date of travel. 

- When applying, proof of payment must be provided, not just of booking.
- Typically, a printed copy of confirmed ticket details with a credit card statement showing payment with non-relevant entries blacked-out is sufficient.
- As stated in the MOCS, "Excess passage costs (including cancellation fee, rebooking fee and no show charge), if any, shall be borne by the NET", so if such costs are included on confirmed ticket/payment documentation they should be deducted from the total actual passage cost.
- When applying for family members, ensure that you have given a copy of relevant marriage/birth certificates to the school and, if this is the first time you have applied for those family members, attach a copy of relevant certificates to the application and make sure your school knows to send them to the EDB as they will otherwise ask for them by return, thereby delaying payment.

- The timescale for reimbursement is dependent upon form processing times, and on processing being completed by the 10th of any given month for payment in that month.
- Reimbursement typically takes 3 months, regardless of when applications are made through the year, although it may sometimes only take 2 months.
- Reimbursement is usually by cheque.

- If passage reimbursement is returned to school or initially 'rejected' then the school should reapply with relevant changed/corrected information
- If passage reimbursement is formally rejected (after one or more re-applications) the flight entitlement remains with it being possible to take at another time after discussion with the NET Admin Team.

11. Special Circumstances for Reasonable Flexible Use
- To allow NETs some flexibility in the reasonable use of passage, some special circumstances are possible to which NETs are not specifically entitled, but which the EDB NET Admin Team has considered in the past to be a reasonable use of passage.
- To request the EDB to consider any of the following special circumstances, a letter from the school principal should accompany the application explaining the special circumstances and why they are worthy of consideration.
- It is highly recommended to contact the NET Admin Team before arranging/taking passage to confirm whether your proposed flexible use can be reimbursed.

11.1 Postponement and Re-Postponement of Flights
- Passage postponement is possible after discussion and agreement between a NET and their school. Applications should normally be made in advance and should be seen as a discretionary arrangement. See the below Guide for details on how this can be done.
- If wishing to take previously postponed flights earlier than originally requested, at Easter instead of summer for instance, postponed passage can be brought forward by submitting a new letter of application. However, asking for flights due at the end of a contract to be brought forward and taken before completion of a contract is not possible.
- If leaving the NET Scheme it is not usually possible to postpone flights beyond the normal 2-month limit for passage at the end of the last contract although, with the school's support it has been possible in the past. Note that, if postponement is facilitated, the reimbursement application would need to be submitted before leaving employment in the NET Scheme.

11.2 Different Departure Dates for Family Members
- As outlined in the MOCS, it is the NET who is entitled to passage with that entitlement then extending to his/her accompanying family.
- Provided passage taken reflects this, some flexibility is possible as to exact flights taken (1, 2, 3), especially for return flights.
- This has to be within reason e.g. one week or so. Separate departures dates in, say, Jul/Jan would not be allowed, nor would flights to different countries even if departing on the same date, nor would totally separate flight arrangements, nor would family members travelling before the NET.
- Feb 2023 Update:
  - Family on Different Flights is possible but only within a few days
  - Prior application is needed, so the school will need to write to the NET Admin Team to get confirmation

11.3 Travelling to Non-Home Country for Family Reasons
- In early 2023, the EDB NET Admin Team stated this is possible for special circumstances such as the funeral or wedding of a close relative or sibling
- Prior application is needed, so check with the NET Admin Team and get the school to write to the NET Admin Team to also get confirmation
- A NET got permission to do this within the last year
- Until 2022, if there were legitimate and demonstrable family reasons, it was possible to travel to a country other than your home country (1, 2, 3, 4, 5). From 2019, this became less likely to be allowed without making a formal change to the "home country".

11.4 Purchasing a Ticket That is Not Than Economy Class
- Until 2022, any type of ticket could be purchased, including business class, with reimbursement being made based on the quoted cost of an economy-class ticket for the same journey. The only exceptions to this were when joining or leaving the NET Scheme when a standard economy ticket must be booked.
- From 2022, the EDB NET Admin Team has stated this is no longer possible and an Economy class tickets must be purchased

12. Aided v Govt
- All The above rules apply in aided and special schools.
- Passage for Government Schools is not handled by the NET Admin Team, who are unable to confirm whether the rules are the same.
- The recent experience of NETs in government schools is that the rules are different and allow more flexibility, in line with past practice since the start of the NET Scheme. Government PNETs should check this is so with the Appointment and Personnel Section.

13. Unwritten Rules
- Most of the rules outlined above are not officially documented and have not been explicitly stated to schools or NETs.
- All the above has resulted from extensive discussions with the EDB NET Admin Team, but may very well change on a case-by-case basis

Guide to Flight Postponement and Re-Postponement

The EDB sent a letter to schools on 31 Aug 2022 announcing new arrangements for flights that need to be postponed - and for any previously postponed flights - as a result of Covid travel restrictions.

Mid-Contract, Renewing or Changing Schools

As of 31 August 2022, all flights from previous contracts that were previously postponed to Easter 2022 or Summer 2022 were automatically postponed "up until" Aug 2023 with no need to apply for any further flight postponement. This includes any application for postponement already submitted that had not received a response from the EDB (i.e. no authorisation letter will be sent by the EDB to the school as it is auto-postponed).

Similarly, end-of-2020-22/start-of-2022-24 contract flights due in summer 2022 that were not taken during summer 2022 were also automatically postponed "up until" Aug 2023.

There is nothing stated that flights must be taken before Aug 2023, but that is encouraged by the EDB.

In Feb 2022, the EDB confirmed that any flights due under previous contracts that were not taken and for which no previous application for postponement was submitted (and therefore were previously thought to have been lost) can also be taken "up until Aug 2023", by the school submitting a retrospective application for postponement.

For those who have changed aided school, previously postponed passage should now be processed by the new school by completing the "Consent form for claiming passage changed school" (without any need to contact the previous school).

When applying for 'Application for Reimbursement of Passage', make sure that the application correctly states the contract for which passage is to be claimed in 'Part II, Para.1'. Any previously received postponement authorisation letter(s) sent to the school by the EDB should also be attached.

Examples:
 - If a flight was previously postponed from summer 2020 to Easter 2022 or summer 2022, but was not then taken, it can be taken at Xmas 2022 or CNY/Easter/Summer 2023 without any need to apply for - or receive authorisation for - 'permission to postpone' to any of those periods.
 - Likewise, if renewing a contract in Aug 2022 and flights were not taken during summer 2022, they can be taken at Xmas 2022 or CNY/Easter/Summer 2023 without the need to apply for postponement.
 - If a flight was previously postponed from summer 2020 to summer 2022, but, afterwards, a further application was made to subsequently postpone the flight with no response from the EDB, the flight can now be taken at Xmas 2022 or CNY/Easter/Summer 2023 without any need to await a response for 'permission to postpone' from the EDB.
 - If a flight was not taken for a 2018-20 contract, but no application for postponement was submitted, it can be retrospectively postponed and taken in 2023 by submitting a retrospective application.

All the above does not apply if moving from a government school to an aided school or vice versa. If so doing, passage postponement is lost, and flights must be taken within 2 months of the end of contract.

Left the NET Scheme in Summer 2022

Anyone who left HK and the NET Scheme at the end of their 2020-2022 contract can take any unclaimed passage "on or before" 15 Aug 2023.

Alternatively, anyone who is "leaving Hong Kong (as reflected by their leaving the NET Scheme after completion of contracts in the 2021/22 school year) are provided a choice to encash their unclaimed passage allowance". An application for 'Encashment of Passage Allowance' can be made for a fixed amount in lieu of all postponed passage (approx. $11k per ticket).  The quoted wording of the circular suggests there is no prerequisite for flights to have been previously postponed for them to be encashed.

Any passage not taken or not encashed by Aug 2023 will be forfeited.

Note: As of Sep 2022 encashment only applies - retrospectively - to those who left the NET Scheme in summer 2022, as stated in the EDB Letter to Schools:

"Encashing Unclaimed Flight Tickets for NETs who will leave Hong Kong

In view that it might not be feasible for NETs who are leaving Hong Kong to use all the unclaimed passage within a short time, NETs who are leaving Hong Kong (as reflected by their leaving the NET Scheme after completion of contracts in the 2021/22 school year) are provided a choice to encash their unclaimed passage allowance"

"I certify that the applicant is: ...
(b) eligible for the encashment of passage allowance, i.e. as far as I understand, he/she is leaving the NET Scheme with effect from 16 August 2022."

********************************

* The following sections used to apply before Aug 2022, but are left in place, for the record, whilst ongoing procedures are clarified.

Postponing a Flight

The EDB confirmed in May 2020 that passage postponement is possible after discussion and agreement between a NET and their school. Applications should normally be made in advance and should be seen as a discretionary arrangement.

The school principal should submit an application letter on behalf of the NET to the NET Admin Team by post. The EDB will respond by post likewise. The letter should be on school-headed paper (with school chop) and must include:
- which flight is to be postponed: completion of contract or upon appointment,
- the contract period to which the flight is related,
- when the postponed flight is intended to be taken e.g. Christmas 2021,
- the reason for postponement (any reasonable reason is ok: it's a school decision),
- a statement of support from the school for the postponement.

A template letter is available here.

If renewing contracts, use the same letter to ask for both, but make it clear to which contract period each postponed flight relates e.g. passage upon completion of contract for the contract period 2019-2021 and passage upon appointment for the contract period 2021-2023.

If starting a new contract at a new school, two application letters are needed: the application for postponement of passage on completion of contract should be made by the old school, whilst the application for postponement of passage upon appointment should be made by the current school.

If your school has questions refer them to the NET Admin Team for help.

Postponing an Already Postponed Flight

The EDB confirmed in May 2020, May 2021 and Nov 2021 (Govt Schools) that a postponed flight can be subsequently postponed by submission of a new application letter as before. They recommend attaching the original postponement application letter and reply from the EDB to aid speed of processing.

This includes postponement across contracts such as that necessitated by the current pandemic travel restrictions.
E.g.
For 2018-2020 and 2020-2022 contracts:
- Summer 2020 flights postponed to summer 2021 due to 2020 Covid travel restrictions.
- Summer 2020 flights postponed again to summer 2022 due to 2021 Covid travel restrictions.
- Summer 2022 flights postponed to summer 2023 due to summer 2020 flights having already been postponed to summer 2022.
For 2019-2021 and 2021-2023 contracts:
- Summer 2019 flights postponed to summer 2020 for family reasons.
- Summer 2019 flights postponed again to summer 2021 due to 2020 Covid travel restrictions.
- Summer 2019 flights postponed again to Easter 2022 due to 2021 Covid travel restrictions.
- Summer 2021 flights postponed to summer 2022 due to 2021 Covid travel restrictions.

The EDB confirmed in May 2022 that due to the Special Holiday arrangements, and the shortened summer holiday, the EDB will continue to adopt temporary measures that NETs may apply to postpone reimbursement of passage allowance. Reasonable flexibility and due consideration will be given on a case-by-case basis.
E.g. The specific example discussed was for passage at the start of a 2020-2022 contract that was originally postponed to summer 2021 and then re-postponed to Easter 2022: an application can be made to postpone it again to, say, Xmas 2022 or CNY/Easter 2023.

The experience of PNETs in May 2022 confirms that it is possible to postpone 2018-2020 as well as 2020-2022 passage allowance.

Salary pay scales are assessed based on qualifications attained: degree, teaching qualifications and post-degree teaching qualifications.

There are two main occasions on which qualifications assessment takes place: assessment to determine local equivalence of non-local qualifications both on joining the NET Scheme and subsequently on gaining further qualification such as a PGDE via distance learning; re-assessment upon gaining local qualifications such as a PGDE to attain a higher pay scale.

Non-Local Qualifications Assessment
All non-local qualifications must be submitted to the Hong Kong Council for Accreditation of Academic and Vocational Qualifications (HKCAAVQ) to establish whether the qualifications are equivalent to local qualifications. This applies to all teachers not just NETs. Qualification certificates together with transcripts showing details of courses taken must be submitted together with a fee of $3,000 and typically takes 15 days. A summary of the process is listed here.

For NETs joining the NET Scheme via the EDB interview process, the EDB will arrange and pay for HKCAAVQ assessment to ensure qualification requirements are met before the NET can be included in the EDB Candidate Pool. The EDB will retain the resultant HKCAAVQ Certificate of Assessment in their records and will provide a copy to all future schools at which the NET obtains NET Scheme employment as part of standard Contract Procedures.

For NETs not recruited via the EDB Candidate Pool, either the school or the NET must arrange and pay for the HKCAAVQ assessment. If the NET pays for the assessment, the Certificate of Assessment will be delivered to the NET who can then provide it to all future schools in which employment is gained. If, however, a school pays for the assessment, that school is entitled to keep the Certificate of Assessment and is not obliged to give it to the NET should they leave the school to seek employment elsewhere on the NET Scheme. In such cases, the assessment must be undertaken again either by the NET or a new school.

Refs: EDB Circular 1/2005, FAQ Q2, FAQ Q9; HKPNETs Forum/EDB liaison meeting minutes, Item 5 and Items 27-31.

Schools who opt to recruit a NET directly without the assistance of the EDB can claim a recruitment subsidy to pay for assessment costs.

If a non-local qualification, such as an overseas PGDE, is attained once a NET has already started on the NET Scheme then HKCAAVQ re-assessment must be arranged and paid for by the NET, before the qualification is then re-assessed for a higher pay scale (see below).

Re-Assessment for a Higher Pay Scale
Upon obtaining a local qualification, such as an HKU PGDE, the school sends a letter together with authenticated copies of the qualification and course transcripts to the SSDO in their local REO asking for the qualification to be re-assessed and any associated salary scale increase awarded. Documents submitted with the letter must be officially stamped by the school as being authentic copies and the school submitting the letter must be the one at which you were employed when the qualification was obtained. This is standard procedure for all teachers.

For a PGDE, the transcripts must state that the subject is English. If not, a testimonial letter from the course supervisor stating the major subject is English needs to be provided.

Any salary increase will be backdated to the date stated on the qualification certificate.

15.1 The NET may terminate his/her service by giving the School one calendar month notice in writing of his/her intention to resign or one month's salary in lieu of notice.

Giving one months' notice is a minimum. If required, a resignation may be submitted more than 1 month in advance with a specific "last working day" stated in the letter of resignation e.g. resign in May with a last working day of Aug 16th.

Upon resignation, don't forget to immediately ask the school to provide a Certificate of Service, a sample of which is available here. Under the Employment Ordinance, an employer is legally required to provide the certificate once it has been requested. This is outlined in the following documents:
- Education Bureau Circular No. 5/2005, Appointment of Staff in Schools, Section 10
- School Administration Guide, Section 7.10

Salary, MPF and SA payment are paid pro-rata up to the last day of duty at the end of the notice period.

Past MPF payments are not affected by resignation. MPF is paid into a NET's MPF account with personal and employer contributions deposited every month. These remain in the account regardless of resignation. Payments should be listed on the latest MPF statement.

A 'catch-all' statement is included to allow the EDB to reclaim any money that has been over-paid to a NET at any time in the contract as well as on resignation. Whilst NET contracts are technically with the school, all the money is provided to schools by the EDB via the salaries grant. It is therefore the EDB that determines any money what is owed and any monies that need to be paid back.

5.13 The School may require a NET to refund any amount that it may have overpaid to the NET; any advances of salary; any charges that the NET may have incurred in respect of any facilities or benefits provided to the NET or his /her family by the School.

Under school-based management, for issues regarding employment the EDB advises NETs to talk to the school Principal in the first instance and if further assistance is needed to then contact the school REO (Appointment and Personnel Section for Government schools).

Fringe Benefits Clawback

Special Allowance is paid to the salary account (see MOCS Annex B). Terms of payment on resignation are therefore detailed in section 19: it does not have to be repaid and is paid pro-rata in the same way as salary is.

Flights and baggage must be repaid if resignation is "within the first 12 months of the Contract Period" (see MOCS section 18). This is interpreted as being the last day of duty, so a last day of duty of 15 Aug for a standard contract (16 Aug-15 Aug) would be within the first 12 months of the contract necessitating repayment of passage whilst a last day of duty of 16 Aug avoids repayment.

For the Retention Incentive, "cumulative retention incentive paid for the months prior to the effective date of resignation in that school year will be clawed back" (see section 6.10 of the contract MOCS and also section 6 (viii, ix) of the RI application form completed at the start of the school year). For a standard contract, a last day of duty of Aug 15th, would necessitate claw back of RI for the whole preceding year whilst a last day of duty of 16 Aug avoids repayment (as confirmed by the EDB to a school in June 2020). See the Retention Incentive Section for more details on this.

Note: where a contract start date falls on a Sunday, contracts may run from 17 Aug-16 Aug in which case the last day of duty would need to be 17 Aug.

Gratuity is not granted upon resignation regardless of last day of duty (MOCS section 6.9).

Holiday

There is no stated requirement to physically be at work up until the end of the notice period with the MOCS simply stating that salary is paid until "the last day of performance of full duties". Whilst terminal leave does not apply for resignation (it only applies at the end of a full contract), the past experience of PNETs has shown that it is possible to take school holidays as for any other year and immediately prior to the end of the notice period e.g. starting a school summer holiday in mid-July with a last day of 16 Aug.

Holiday is, however, a slightly grey area because in Hong Kong holiday is seen as being awarded at the school's discretion rather than as by right (see Code of Aid, para 21). The NET contract also states, "The NET is required to assist with ... other school duties including duties outside school hours and during school holidays at the discretion of the Principal/Supervisor of the School."

The standard professional approach following resignation would be for agreement to be reached between the school and NET regarding holiday to be taken. Where there is some antagonism, it is more than possible, based on past PNET experience, that a school may state duties must be undertaken until the last day of duty at the end of the notice period, but, also based on past PNET experience, salary has been paid even when holiday was taken after a school had stated that duties should instead be performed.

Contacting the REO is advised to help clarify the situation if agreement with a school cannot be achieved.

A Retention Incentive is available for anyone having completed two or more consecutive years of employment to the value of 5% base salary for the third and fourth years' of service and 10% base salary for fifth year of service onwards.

The Retention Incentive provides an additional incentive for serving NETs to continue their service in Hong Kong.

An application for the Retention Incentive should be made every year. Forms can be submitted before the start date of the contract, i.e. before the summer holiday, or at any time during the contract. Application forms for aided and special schools are available here. For government schools, forms are provided by the school (1, 2) and can also be obtained from the EDB Appointment and Personnel Section.

Eligibility for the Retention Incentive is subject to a school's satisfaction with performance as stated on the application. On moving to a new school, the intention of the application form is that for the first year of a new contract at a new school that new school should take the successful completion of a previous contract and their own decision to offer the new contract in the first place as sufficient reason to be satisfied with performance. However, under school-based management, when a NET moves to a new school, the new Principal is entitled to not support an application and to implement a probation period before authorising an application. In such cases, when the application is eventually received it is backdated to the start of the school year or the start of the contract should that be later. This should not be standard practice though and the EDB NET Admin Team will do their best, if contacted by a NET, to explain to the school that the standard approach to authorising application should be based on past experience at the previous school.

Payment is typically made by the automated monthly salary payment. Initial payment is dependent on form processing times and processing being completed by the 10th of any given month for payment in that month. Payment is backdated to the start date of the contract or to the actual start date employment should that be later (e.g. due to visa issues) - this may be made in the initial payment, or in the following couple of months.

Eligibility for RI is not affected by switching between a government and an aided/special school, or vice versa.

The Retention Incentive is taxable (see EDB FAQ Q22 and Government Schools Memorandum on T&Cs, 2015,  Section 7.11) and should appear on the end-of-tax-year return of payroll emoluments issued to you by the school in April.

Enquiries about the Retention Incentive should be directed toward the EDB NET Admin Team for aided and special schools and the Administration Division for government schools.

Break in Service
The latest EDB circular from 2013 containing details of RI arrangements states,

"Under normal circumstances, NETs have to serve continuously in the Schemes in order to be eligible for the retention incentive. However, if they have completed their previous contract on 15 August and start a new contract on or before the first day of the coming school year, they can also apply for the retention incentive;" (Para. 2a)

So, if, having left the NET Scheme at the end of a contract, a NET rejoins before the first day of the next school year, a NET remains eligible for the RI despite the break in continuous service. Rejoining at any time after this, such as 18 months, a NET is no longer eligible for the RI until 2 new years of continuous service have been achieved.

For a NET rejoining the NET Scheme after an absence of less than 1 year, e.g. resigning in October and rejoining the next August, the EDB has stated that eligibility for RI is discretionary and requires the school to provide a letter explaining the reason for the break in service of less than 1 year a NET and expressing satisfaction with references/past appraisals.

The standard Guide to Salary Assessment in aided schools defines,

"a break exceeding one year [as being] considered as a break in service for the purpose of salary assessment of teachers" (page 8)

which was referenced in original RI documentation from 2006 which stated,

"If NETs have served previously but rejoined subsequently with a break in service, the relevant years of service are not treated as continuous service. However, if they have completed their previous contract on 15 August and start a new contract on or before the first day of the coming school year, they can apply for the retention incentive"

Resignation
If leaving employment before the end of any school year, where premature resolution or termination of a contract is initiated by the NET, the cumulative incentive paid for the months prior to the effective date of resignation in that school year will be clawed back.

Note: The use of the term 'school year' in the contractual definition of the clawback criterion makes things a little unclear as a 'school year' technically runs from 1 Sep-31 Aug suggesting that an effective resignation date of 1 Sep would be needed to avoid RI repayment whereas an effective resignation date of 31 Aug or earlier would result in repayment of the whole year's RI. The past experience of PNETs has always been that this is not the case and for the purposes of RI the effective 'school year' is 16 Aug - 15 Aug, a calendar year of employment. This was further supported by EDB documentation:

"The incentive is payable on a monthly basis in advance starting from the beginning of the third year of service until the end of that school year or the end of contract (whichever the earlier)" Ref: RI Circular section 2c.

"Under the NET Schemes, the retention incentive is payable to the NET each school year ... However, the exact end date for payment of the retention incentive to a NET depends on his/her current contractual terms under the NET Schemes. If his/her current contract ends on 15 August or 31 August, the payment of the retention incentive should cease on 15 August or 31 August respectively." Ref: Application Form, Note 1(3).

Given that RI payments for standard contract dates cease on 15 Aug, the indication was that resignation would result in payments being clawed back up until that date i.e. an effective resignation date of 16 Aug would not entail any RI repayment whereas an effective resignation date of 15 Aug would result in repayment of the whole year's RI. When asked, however, the EDB NET Admin Team would not confirm this officially and instead advised that the last agreed day of service and what constitutes (in the school's mind) one completed year of service comes down to the relationship between the NET and the school: if the school is happy that both have been fulfilled, then the RI doesn't have to be paid back. The EDB's advice to a school in June 2020 was the first official indication that 16 Aug is indeed the date on which clawback is no longer required for standard contract dates.

Review/Adjustment of the Retention Incentive

The Retention Incentive is provided on a percentage of base salary basis. Adjustment to base salary is provided via the LegCo approved Civil Service Pay Adjustment Mechanism. There is no separate adjustment mechanism for the retention benefit, which follows that for the civil service.

In 2005, the Retention Incentive was proposed by the EDB and authorised by the LegCo Finance Committee for introduction in the 2006/7 school year.

In April 2008, Nesta asked the EDB to introduce a 15%/17.5% incentive for 6/8 years of service. The EDB responded in 2009 saying that Nesta had agreed that it was not a suitable time to conduct a comprehensive review on the remuneration package of NETs under the NET Schemes in the foreseeable future.

The retirement age for all NETs, including those working in government schools, remains 60.

In 2016, the retirement policy for civil servants was altered to allow a choice to retire at 65, but this does not apply to NETs.

In 2019, the EDB confirmed to LegCo its intention to allow newly-appointed teachers to retire at 65 from the date at which updated legislation (Education Ordinance 58A) is presented to and passed by LegCo. The EDB originally intended to do this in 2019, but has not done so yet, so the retirement age for newly appointed NETs remains unchanged. 

In 2021, the EDB stated its intention to present the amended legislation to LegCo "in 2022". Should the legislation be passed before 16 Aug 2022, then newly-appointed NETs from the school year 2022/23 will be able to retire at 65. If it doesn't pass before that date then it would only apply to new NETs starting in 2023/24.

Detailed Explanation
The LegCo Education Panel discussed retirement age at a meeting on Friday 4th January, 2020.

The EDB stated that it had completed its consultation period and whilst there was some feedback "suggesting serving and re-joining teachers should be allowed to opt for the new retirement age" it was recommending that retirement remain at 60 for existing and re-joining teachers and change to 65 only for newly-appointed teachers from the date at which legislation (Education Ordinance 58A) is presented to and passed by LegCo "later in 2019".

Ref: https://www.legco.gov.hk/yr18-19/english/panels/ed/papers/ed20190104cb4-375-3-e.pdf

The EDB's reasons for this were:
- There is an adequate supply of teachers in the coming years.
- It does not wish to dampen the entry prospect of those working to join the teaching force,
- nor affect the career aspirations for younger teachers and,
- wants to avoid a promotion blockage for other serving teachers.
- It would create much uncertainty on the natural wastage rate which,
- would make it difficult for the Government to do any manpower planning on the provision of trained teachers, and,
- would also affect the number of under-graduate and post-graduate training places to be provided by the universities.

It was also stated at the meeting that all local government teachers will retire at 65 in line with civil service rules whilst teachers in aided schools will not.

This means all current NETs will retire at 60, including those working in government schools (who are not classed as civil servants), whilst any NET joining the NET Scheme for the first time after relevant legislation is passed will be able to retire at 65.

For reference:
- Civil servants employed after 2000 have a choice of retiring at either 60 or 65 from this year, a policy which the EDB has chosen not to copy.

NETs are to
(a) enrich the language environment in schools;
(b) act as a resource person to bring in effective teaching methods from overseas; and
(c) assist in school-based teacher development.

Proposed duties of NETs in primary schools:
1. To undertake teaching duties and try out good teaching models/practices related to the learning, teaching and assessment of English;
2. To provide support for the English panel, including contributing to school-based curriculum development and professional development of fellow teachers, as well as developing and preparing learning/teaching materials;
3. To organise and conduct extra-curricular activities related to English learning and teaching, such as plays/skit performances, school-based English camps, English language games (day), story-telling activities, songs and dances, verse speaking, and extensive reading; and, if applicable, to contribute to other extra-curricular activities such as IT, art and craft activities and sports;
4. To act as an advisor on language teaching and learning for the principal and teachers in the school

When the NET Scheme was first implemented, the phrase "Agent of Change" was used to indicate the anticipated role of PNETs in schools. In 2009, the evaluation of the NET Scheme undertaken by Melbourne University stated "NETs were not regarded as 'agents of change' in school" and the anticipated role no longer applies.

The de-facto role of an SNET, established when the Enhanced NET Scheme was first proposed, is:

NETs will act as English language resource teachers in the schools. They will assist in school-based English teacher development programme and help foster an enabling environment for students to speak English and practise their oral skills. They will share the heavy burden shouldered by the existing English teachers.

Proposed duties of the NETs:
It is proposed that the duties of NETs should cover the following -
1. to be responsible for classroom teaching and assessment;
2. to provide support to the English Panel Chairperson, including assisting in the tailoring of the curriculum and preparation of teaching materials;
3. to assist in conducting extra-curricular activities related to the English language, e.g. speech, drama, debates, choral speaking and extensive reading;
4. to assist in running more oral activities for students after school, especially Chinese-medium schools;
5. to assist in setting up an English corner in the school where students can come together to practise oral English and read English books under their guidance; and
6. to act as an English language resource person for other teachers in school.

Refs:
- Primary Code of Aid: Leave, Appx 10, Appx 11
- Secondary Code of Aid: Leave, Appx 11, Appx 12
- Employment Ordinance: Concise Guide
- Instructions issued by the Sec Ed: Full List, EDB Guidelines for Granting Leave, Guidelines Attachment 4 Notes
- LegCo Update: Press Release, Nov 2015
- School Administration Guide: Chapter 7.5.3, Supplement Appx H
- Common Administrative Isses: Checklist

In aided and special schools, sick leave exceeding two days should be supported by a valid medical certificate (not a certificate of attendance). There is no rule for less than two days, so it is a school-based decision as to whether a medical certificate is required for one or two sick day(s).

The EDB School Administration Guide states a rule for sick leave of 2+ days:
"Appendix 8 Leave entitlement for staff in Aided Schools
Sick leave application exceeding 2 days must be supported by a valid medical certificate"

The 2012 NET contract was altered to explicitly state what should happen for 2+ days:
"22. Absence from Duties
If a NET is absent from his/her duties for reasons of ill health, he/she shall report immediately to the Principal/Supervisor of School and shall, if the period of absence exceeds two days, forward to him/her an acceptable medical certificate."

Under school-based management in aided and special schools it is also up to the school to determine what is classed as requiring sick leave to be taken. Some schools allow time to be taken during the school day to attend a doctor appointment without sick leave being necessary (although a letter of attendance may be required). Others do not.

Government schools differ as they are governed directly by the EDB in accordance with Civil Service Regulations and instructions issued by the Permanent Secretary for Education, with schools supported by the EDB's Appointment and Personnel Section. In government schools, every day of sick leave must be supported by a valid medical certificate and attending school for less than four hours in a school day requires a half-day of sick leave to be taken. Medical certificates issued by "Chinese medicine practitioners are not acceptable". Extended sick leave longer than 91 days must be investigated by a Medical Board to confirm eligibility and includes an employee interview (see CSRs 1282 /1283) with further sick leave possibly being withheld (see CSR 1291).

For all schools, statutory holidays do not count as sick leave.

NETs may continue to receive the Special Allowance whilst on sick leave for a maximum period of 60 days on each occasion (see Letter of Appointment Annex B).

For all valid sick leave taken, days are initially taken from the accumulated sick leave balance and only if that balance expires does it become necessary to classify leave as no-pay sick leave with a loss of salary. (See Guidelines Attachment 4 Notes).

There is no specific statement anywhere that foreign medical certificates are valid. Instead, the employment ordinance implies it by omission through its non-geographically-limited definition of a valid medical certificate as being one "issued by a registered medical practitioner, a registered Chinese medicine practitioner or a registered dentist." The ordinance also states "The medical certificate should specify the number of days on which, and the nature of the sickness or injury on account of which, the employee is unfit for work" alongside "a brief record of the investigation carried out and the treatment prescribed". It is the past experience of PNETs that foreign medical certificates are valid. For government schools, the civil service rules (CSR127 Note 1) state that "For medical certificates issued by medical practitioners or clinics outside Hong Kong, the Director of Health has to be consulted".

In Hong Kong, the maximum period of sick leave granted for a given medical certificate seems to be 2 weeks. Extended sick leave therefore requires multiple medical certificates to be obtained.

Referenced details of the above are in the Labour Dept Concise Guide on Sickness Allowance.

For issues regarding leave, the EDB advises NETs to talk to the school Principal in the first instance and if further assistance is needed to contact the school REO.

Accumulated Sick Leave Balance
The accumulated sick leave policy is contained within the Code of Aid and applies to all teachers, not just NETs. (See Code of Aid Appendix 10 and Guidelines for Granting Leave Attachment 4).

During the first year of employment on the NET Scheme, sick leave of up to 28 days can be granted by schools. Typically, school policy for all teachers is for these days to be available pro-rata in the first year of service i.e. 2-3 days per month completed. Unused sick leave is accumulated and carried forward to the next year.

At the start of the second year of service, and at the start of every subsequent year, 48 days' sick leave is added to the accumulated balance up to a maximum of 168 days. Typically, school policy is for these days to be available as needed rather than pro-rata.

See Guidelines for Granting Leave Attachment 4 for an example of how schools are expected to allocate sick leave entitlement, as the arcane wording in the Code of Aid is a little unclear.

Accumulated sick leave, up to the maximum 168 days, is retained year-on-year, is retained for a break in service of less than 1 year, but is forfeited for a break longer than that. Accumulated sick leave is also forfeited upon switching between a government and aided/special/caput school, and vice versa, as different rules apply in EDB-run government schools where most staff is employed as civil servants (see EDB FAQ Q25).

Schools are required to maintain records of leave for all teachers and submit them to the EDB in August. You may contact your school's administration staff to enquire as to your current accumulated sick leave balance at any time.

Abutting Holiday Periods or Weekends
For Aided and Special schools, sick leave is counted only for those days taken. Sick Leave taken before or after other types of leave does not affect the classification of that leave i.e. holidays/weekends/special leave abutting sick leave is not classified as sick leave. This is a school-wide policy not just for NETs. Sick leave rules are detailed in the Codes of Aid and the School Administration Guide (SAG).

The EDB stated in May 2019 that for aided schools:

The sick leave period is determined solely by the medical certificate no matter whether sick leave is taken before or after a weekend, gazetted public holiday, school holiday, special leave or unpaid leave.

This is supported by the past experience of PNETs in aided schools:
- Sick leave is counted only for those days actually taken.
- Sick on Friday is one day only and Sat/Sun are not counted.
- Sick on Friday and Monday is four days as Sat/Sun are counted
- Sick on the last day before or the first day after a school holiday is one day only and the holiday period is not counted.
- Sick leave supported by a medical certificate is counted for every day stated on the certificate

You can contact your REO to confirm standard rules for aided and special schools if your school is unclear on the rules or claiming that the rules are different to the above.

Note: In the past, based on various worst-case experiences, NETs used to believe that sick leave affected abutting holiday periods and that taking sick leave before a holiday might result in no salary for the whole holiday period. Liaison between the HKPNETs Forum and the EDB in May 2019 established this to be incorrect for aided and special schools and confirmed that such past worst-case experiences applied only to government schools.

For Government schools, sick leave is counted for those days taken and any abutting types of leave including weekends i.e. holidays/weekends/special leave abutting sick leave is classified as sick leave. This is a school-wide policy not just for NETs.

The EDB confirmed in May 2019 that sick leave rules in government schools are detailed in the Civil Service Regulations (CSR), section 1270(b):

Any intervening Sundays, gazetted general holidays and any Saturday mornings/afternoons on which an officer is not due to attend duty, are counted as sick leave. Note: Sundays, gazetted general holidays, Saturday mornings/afternoons on which the officer is not due to attend for duty are "intervening" when they fall between two days of sick leave.

This is not fully in line with the past experience of PNETs in government schools:
- Sick leave is counted to include days until you next report.
- Sick on Friday is counted as three days including Sat/Sun.
- Sick leave is counted to include abutting holidays.
- Sick on Friday and Monday means that Sat/Sun are counted.

It also appears, although this has not been confirmed, that governments schools may have the ability to be much stricter on checking up as to whether sick leave is real or not:

CSR 1273: Grant of sick leave.
The Secretary for the Civil Service is the authority for the grant of sick leave to substantive or acting Heads of Department and officers occupying posts of equivalent status. All other officers may be granted sick leave by their Heads of Department according to the following rules:
(i) as a concession, sick leave not exceeding two working days may be granted without the production of a medical certificate. However, unless the authorising officer is reasonably confident that the officer is genuinely sick, he has discretion to withhold the grant of sick leave not supported by medical certificates, particularly where the officer concerned applies for sick leave frequently or in a regular pattern;

CSRs 1282 and 1283: Prolonged sick leave.
If an officer is still unfit to perform his duties after being granted 91 consecutive days sick leave, the Head of Department will request the Chief Executive, Hospital Authority, to appoint a Medical Board to examine the officer. Further sick leave may be granted only with the Medical Board's recommendation. If the officer is still unfit for duty after being granted 182 consecutive days' sick leave, a further Medical Board should be arranged, and thereafter at intervals of three months.

Substitution
For sick leave of less than 30 days, schools are allowed to appoint temporary supply teachers using a Teacher Relief Grant provided to schools by the EDB. For leave longer than 30 days' reimbursement must be claimed from the EDB. Under school-based management policies for the use of the Teacher Relief Grant, substitution and make-up lessons are determined by the school as stated to LegCo by the EDB in Dec 2015:

The IMCs of aided schools should establish a school-based mechanism for processing leave applications from teachers. All along, the EDB has been reminding schools through various channels that they should consult their staff members when establishing the school-based mechanism. Policies and principles on processing leave applications, arrangements for teaching and other duties of teachers on leave and arrangements for make-up lessons upon their resumption of duty should be properly formulated to ensure that such arrangements are fair and reasonable, and are able to protect the entitlements of teachers without compromising students' learning."

A Special Allowance is available the value of which is fixed over the contract period. The value is subject to adjustment according to the prevailing rate upon entering into a new contract or upon commencing an extension contract period.

The Special Allowance is provided on a non-accountable basis to provide NETs with the flexibility to dispose the allowance in meeting other living expenses of their own choosing (see Definition of the Special Allowance below).

Special Allowance is payable whilst on full-pay leave (MOCS, Annex B, paras 3,4) and therefore not payable whilst on no-pay leave.

Initial Declaration on Normal Place of Residence (Form A)

On joining the NET Schemes, a Declaration on Normal Place of Residence should be made using application Form A to confirm the possession of permanent resident status in a country outside Hong Kong and to confirm having social ties outside Hong Kong. Documents provided as evidence to support the application need to be stamped "Certified true copies" by the school. Form A is processed by the NET Admin Team who also make the decision about SA eligibility.

If eligibility is confirmed, Form A Part III is returned to the school stating "There is no objection to the NET's claim that his/her normal place of residence is outside HK". Form A does not have to be completed again unless a NET leaves the NET Schemes for 1 year or more, or switches between an aided/special school to a government school.

If eligibility is refused, Form A Part III is returned to the school stating "It is considered that the NET's normal place of residence is not outside HK. He/She is therefore not eligible for the fringe benefits provided under the NET Scheme in Primary Schools for appointees whose normal place of residence is outside HK". In such circumstances, as the application was submitted by the school, the school can contact the EDB NET Admin Team to ask why the application was rejected, but PNET experience shows that very little, if any, explanation will be forthcoming. To challenge the decision, the school can, however, supply additional documentation in support of the NET's case accompanied by a letter from the Principal outlining why the school believes reconsideration should be given to the NET's particular circumstances.

A 'normal place of residence' may be deemed to be in Hong Kong - and SA eligibility therefore refused - if the EDB NET Admin Team believes social ties, including family, friends and colleagues, can be reasonably determined to have been established in HK i.e. ties are stronger in HK than the original home country.

Recent examples where this has been the case are:
- Living in HK for 20 years, working as ELTA and DSS teacher.
- Born abroad, studied in HK, lived in HK for 14 years teaching for 9 of those years before becoming a NET after trying for 6 years, parent living in HK for 20+ years.

A recent example where, after initial refusal, SA eligibility was eventually granted after further supporting documents were submitted (photos, flight tickets, student and work visas, bank statements and letters from previous schools stating duties were the equivalent duties of a NET) is:
- Born abroad, came to HK for a 4-year bachelor's degree, stayed in HK and taught as a local teacher for 5 years before becoming a NET.

If you have been living in HK for some time before becoming a NET, documents such as flight tickets and photos of school/life abroad should be supplied to indicate regular visits and a social life in your home country.

Application for the Special Allowance Every Contract (Form B)

An application for the Special Allowance should be made at the start of every contract using application Form B and can be submitted before the start date of the contract i.e. before the summer holiday or at any time during the contract.

When completing Form B, a NET is required to declare that a spouse is not receiving similar benefits. A NET is not eligible for the special allowance (FAQ 17) if a spouse is already receiving the same allowance or any other housing benefit from an employer. If there is a change in marital status the NET should report the change to their school.

Payment is typically made by automated monthly salary payment. Initial payment is dependent on form processing times and processing being completed by the 10th of any given month for payment in that month. Payment is backdated to the start date of the contract or to the actual start date of employment/entitlement should that be later (e.g. due to visa/proof of parents living abroad issues) - this may be made in the initial payment, or in the following couple of months.

A NET on full-pay leave may continue to receive the Special Allowance for a maximum of 60 days on each occasion. Those on maternity leave receive the allowance for the whole period of maternity leave. (see Terms & Conditions Annex B)

If leaving employment before the end of any school year, cumulative Special Allowance already paid is not repayable.

The Special Allowance is taxable (see EDB FAQ Q22 and Government Schools Memorandum on T&Cs, 2015,  Section 13.2) and should appear on the end-of-tax-year return of payroll emoluments issued to you by the school in April.

Enquiries about the Special Allowance should be directed toward the EDB NET Admin Team for aided and special schools and the Administration Division for government schools.

Review/Adjustment of the Special Allowance
Index-based adjustment to support ongoing changes in living expenses is provided by the LegCo approved annual Special Allowance Adjustment Mechanism.

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. 

See the Special Allowance Adjustment Mechanism Section for more details.

Summary adjustments listed by year of rental price change:

A full history of annual reviews, rate adjustments, the method of implementation and liaison is available in the Special Allowance History of Reviews Section.

The latest review data and summary status is available here.

Definition of the Special Allowance
In 2003, the EDB stated to the LegCo Education Panel that the SA was:

"to cover mainly the expense on meeting housing needs, and also other incidental expense (like meeting the education cost of the NETs' accompanying children)".

In 2005, the EDB stated to the LegCo Finance Committee that the SA:

"aims to assist NETs in meeting cost of living (mainly accommodation cost) in Hong Kong" and
"is basically an allowance to help NETs meet accommodation cost. However, it is provided on a non-accountable basis so as to provide the NETs with the flexibility to dispose the allowance in meeting other living expenses of their own choosing. The use of the Special Allowance is a personal decision for NETs, but it has never been the intention of the Administration to provide the Special Allowance to cover all living expenses of NETs in Hong Kong on top of the salary."

In 2011 and 2014, the EDB informed schools that:

"The SA aims to assist NETs in meeting cost of living (mainly accommodation) in Hong Kong on condition that their normal place of residence has been established as outside Hong Kong."

In 2016, the EDB stated that:

"SA is meant to provide sufficient incentive to attract qualified NETs who would have to meet additional household expense in Hong Kong."

A school "Supervisor may grant special leave with pay for a maximum of 2 days per academic year to teachers on grounds of urgent private affairs of grave importance".

Under school-based management, aided and special schools are responsible for defining what is classified as urgent private affairs. Schools are supported in this by their respective EDB REO (Regional Education Office). Government schools differ as they are governed directly by the EDB and therefore follow rules set by the EDB that seemingly do not include things such as weddings, family gatherings, deaths of non-immediate family, casual leave etc.

Special Leave rules for all teachers working in primary, secondary and special schools are detailed in the respective Codes of Aid (sections 29a, 28a and 31a) and additionally, in the Compendium to Code of Aid for Aided Schools (Section 7A). These rules apply equitably to all teachers in those schools.

The NET Schemes inherit the special leave rules from the Code of Aid. This is evidenced as follows:
1. The original NET Scheme and Enhanced NET Scheme proposals placed before LegCo in which NET-specific terms and conditions were defined, agreed and authorised made no mention of special leave rules; and
2. The standard Memorandum on the Terms and Conditions of Service for Appointment as Teachers under the NET Scheme/Enhanced NET Scheme (section 13.4) for aided schools make specific reference to special leave being "Subject to the rules governing such leave in the respective Code of Aid".

Abutting Holiday Periods, Sick Leave or Weekends
Pre 2015 and based on various worse-case experiences of some NETs, it used to be the understanding of NETs that special leave affected abutting holiday periods and that taking special leave before a holiday would result in no salary for the whole holiday period.

Since 2015, liaison between the HKPNETs Forum and the EDB regarding leave has shown this past understanding to be incorrect for aided and special schools with past worse-case experiences applying only to government schools.

For Aided and Special schools, the EDB confirmed during liaison with the HKPNETs Forum in July 2015 and Nov 2015 that:

There is no impact on payment of salary if special leave is taken, whether or not it is taken before or after holidays (i.e. Sundays, gazette public holidays, major school holidays or school holidays).

This is a school-wide policy, not just for NETs, and also applies to abutting sick leave.

Under school-based administration, schools are responsible for formulating school-based leave policies. Special leave rules are detailed in the Codes of Aid and there are no stipulations regarding abutting leave; the only leave for which such stipulations are stated is no-pay leave. You can contact your REO to confirm standard rules for aided and special schools if your school is unclear on the rules or claiming that the rules are different to the above.

It is the experience of PNETs (Oct 2016) that the REO has stated to schools that it is possible for special leave to be taken that abuts sick leave. The case in point also confirmed that a medical certificate issued abroad is acceptable. It is also the experience of PNETs (Feb 2018) that special leave abutting and preceding leave can be taken without that leave being classified as no-pay leave.

Government schools are different. They operate their own rules for all teachers as detailed in the standard Letter of Appointment for Government School NETs:

15 Leave Entitlement
15.4 ... Special Leave with pay shall be granted in accordance with the rules and practices governing the granting of such leave for government school teachers.

These rules appear not to be publicly documented, but current understanding is that special leave in government schools is counted to include abutting holidays i.e. holidays and sick leave that abut special leave in government schools is classified as no-pay leave. It is the recent (Nov 2016) experience of PNETs that these are the rules applied in government schools.

If you are in a government school and need to take special leave, it is worth clarifying the rules as they stand by contacting the EDB Administrative division (responsible for gov't schools) as there was a case in 2010 of a leave period of a NET in a government school being retrospectively classified as no-pay leave due to a misunderstanding of the rules.

Changing the Rules
To change the special leave rules for NETs requires a change to the Codes of Aid with the change being applied to all teachers. There are 53,000 primary and secondary teachers. Given the financial and logistical implications of granting an extra days' leave to those teachers, the EDB would not consider proposing such a change. The EDB would similarly not consider proposing a change for the sole benefit of 870 NETs, given that it would only apply to 0.016% of teachers covered by the Codes and would require a fundamental change in the way the Codes are written equitably for all teachers.

Should this analysis be incorrect, it should be noted that any change to the Codes of Aid or the NET Schemes Remuneration Packages requires the oversight and agreement of the LegCo Education Panel and the LegCo Finance Committee. Whether any such change be proposed by the EDB, or anyone approaching LegCo directly, it would inevitably result in a full LegCo review of all aspects of NET Schemes remuneration (including SA and RI). It would probably also be argued that remuneration as it currently stands compensates NETs for agreeing to work and live in Hong Kong, and therefore also already compensates for the suggested hardship suffered should close family members not in Hong Kong become sick or pass away, harsh though that may seem.

NETs are entitled to take "terminal leave in the school summer vacation" at the end of every contract. In other words, NETs do not have to report for duty every day up until the end of their contract, but can instead take summer vacation leave prior to, and up to, the expiry of the contract. The entitlement is stated in contract documentation (MOCS section 13.7) and has also been confirmed by the REO.

The same contract documentation states that the commencement date of terminal leave should be "determined by schools in consultation with their NETs". It should be noted however, that this is only within the context of "terminal leave in the school summer vacation" and does not entitle (1, 2, 3) an agreement to be made for a NET to commence leave before the end of the school year. That can only be done by the granting no-pay leave.

The EDB has stated to LegCo and states in its summary of the Remuneration Package for NETs that terminal leave is the "School summer vacation at the end of each contract". The EDB NET Admin Team confirmed in 2022 (1, 2 [para.4]) that terminal leave can commence when students commence their summer holiday.

Further documented explanations of the length and start date of terminal leave has changed over the years, as follows.

In 2008, the official EDB position was (see 2009 FAQ Q19, 20, 21):

- At the end of a 2 year contract the NET is entitle to Terminal Leave.
- Terminal Leave is usually from the 'commencement of the school summer vacation' to the end of the contract
- The 'commencement of the school summer vacation' date is the date stated in the School Calendar for the start of the summer holidays.
- Any change to the start date of Terminal Leave must be by mutual agreement between the school and the NET.

Up until 2017, this was also documented on the EDB Website as follows:

Q19: What is the terminal leave?
A: The NET shall be granted the terminal leave in the school summer vacation at the end of the contract and each renewed contract (if any). The terminal leave usually covers the period from the commencement of the respective school summer vacation to the end of the contract. Any variation is subject to the mutual agreement between the school and the NET concerned. For enquiries, please contact Mr. Stephen Lai at 2892 6525.

Q20: Is the summer vacation commencement date specified?
A: The specific date may vary depending on the school plan and schedule of individual schools, but it usually falls on mid July each year. A copy of the School Calendar would be provided to the NET upon his/her assumption of duty at the school.  Should there be any subsequent variation affecting his/her terminal leave, this should be mutually agreed between the two parties.   Any unilateral decision to the detriment of staff relationship is highly undesirable.

Q21: Many schools hold student activities after the normal school term has lapsed, are NETs required to stay behind to help in these activities like other local teachers?
A: The summer vacation is for teachers to have a break and to refresh, and for NET in specific it is for them to travel home to reunite with families at the end of the contract. We trust school heads will deploy teachers in a reasonable and considerate manner given the different circumstances of teachers. We expect school heads to arrange a sufficiently long and continuous terminal leave for the NET, and discuss with the NET early on the summer plan if the contracts of the NET are renewed.

Up until 2010, it was also stated in contract documentation:

16.5 The NET shall be granted a terminal leave in the school summer vacation at the end of the Contract and each renewed Contract (if any).

In 2011, contract documentation and the NET Scheme FAQs (27) were updated to remove this specific entitlement to Terminal Leave and place the onus on schools and NETs to come to an agreement as to what constitutes terminal leave:

16.5 The NET shall be granted a terminal leave in the school summer vacation at the end of the Contract and each renewed Contract (if any). The commencement date of the terminal leave is to be determined by the schools in consultation with their NETs.

Q. 25 What is terminal leave? Are there any suggestions for schools on the provision of terminal leave and leave at Christmas, Chinese New Year, Easter and other holidays?
A. 25 NETs shall be granted terminal leave in the school summer vacation at the end of the first contract and each renewed contract (if any). The commencement date of terminal leave is to be determined by the schools in consultation with their NETs. Since most NETs do not reside permanently in Hong Kong, when working out a leave plan for their NETs, schools are requested to give due consideration to their NETs' needs for reunion with families in their home countries at Christmas, Chinese New Year, Easter and other holidays. Though the commencement date of terminal leave is negotiable between schools and their respective NET(s), a continuous block of at least four weeks' holiday is strongly recommended during the summer break to facilitate a more practicable and useful period of leave for the NETs.

In 2021, the REO confirmed that NETs can take terminal leave.

In 2022, the NET Scheme FAQs were updated to remove the associated request to schools to consider a NET's family needs and the recommendation of at least four weeks' holiday, whilst the contract reference remained unchanged:

Q. 27 What is terminal leave? Are there any suggestions for schools on the provision of terminal leave and leave at Christmas, Chinese New Year, Easter and other holidays?
A. 27 NETs shall be granted terminal leave in the school summer vacation at the end of the first contract and each renewed contract (if any). The commencement date of terminal leave is to be determined by the schools in consultation with their NETs. Since most NETs do not reside permanently in Hong Kong, when working out a leave plan for their NETs, schools may give consideration to their NETs' needs for reunion with families in their home countries at Christmas, Chinese New Year, Easter and other holidays. Deleted

13.7 Other than the leave specified in the respective Code of Aid, the NET shall be granted a terminal leave in the school summer vacation at the end of the Contract and each renewed Contract (if any). The commencement date of the terminal leave is to be determined by the schools in consultation with their NETs.