Notice Of Conditions Of Employment For Principals And Teachers In Public Schools

Original Language Title: Bekendtgørelse om ansættelsesvilkår for forstandere og lærere ved folkehøjskoler

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123750

Overview (table of contents) Chapter 1 Area

Chapter 2 Recruitment

Chapter 3 remuneration and pension

Chapter 4 Other wage and conditions of employment

Chapter 5 Termination

Chapter 6 Redundancy procedure, tenured

Chapter 7 entry into force and transitional provisions The full text of the Executive order on the conditions of employment for principals and teachers in public schools



Under section 9 of the Act on public schools, boarding schools, home schools and håndarbejdsskoler (free boarding schools), see. lovbekendtgørelse nr. 785 of 18. July 2008, and under the authority of the Minister of finance, shall be based on:

Chapter 1

Area

§ 1. This notice applies to principals and teachers employed by folk high schools.

(2). The notice does not cover the following employees:





1) Retired civil servants and retired civil servants like servants mfl., entitled to a civil service pension derived from employment in





a) State primary school and Church,

b) municipalities,

(c)) of Greenland and Greenlandic municipalities,

d) State-funded companies,

e) grant areas

f) concessionary companies or

g) public limited liability companies.





2) Persons made redundant with the right to rådighedsløn or wait for money from the areas mentioned under no. 1.

3) Other retired who get support or egenpension from a pension scheme, which the Government has been providing grants to.





(3). Paragraph 10 (pension) shall not apply to officials and civil servants like servants and others. with the right to a pension from the civil service under paragraph 2, nr. 1, areas mentioned.

(4). Notwithstanding the provision of paragraph 3, the provisions of section 10 shall apply to persons who are employed on a part-time basis in accordance with this Ordinance, and which at the same time, part-time employment in the under (2). 1, said areas, however, so that the pension accrual pursuant to section 10 a maximum can be achieved an overall pension coverage equivalent to a full-time position. The relationship between the 2 pensionsoptjeninger shall be fixed at the point. Change in pension eligibility at the public College must be continuously on the basis of documentation from the employee's page on changes in the employment rate for the second employment relationship. The employees have a duty to inform the public and journalism on the subject.

Chapter 2

Recruitment

Recruitment form

§ 2. The recruitment is done in the following forms:





1) permanent employment.

2) fixed-term contracts.

3) Time in paid employment.





Employment contract

§ 3. The school must draw up a contract of employment, which have to comply with the requirements of the law on employers ' obligation to inform the employee about the terms of the employment relationship. The employment contract must be signed by the school and the staff.

Try recruitment

§ 4. The Danish salaried employees act rules on probation can be used prior to employment under section 2, nr. 1 and nr. 2. Possible probation should be included in the employment contract.

Employment rate

§ 5. Principals are employed full time. Teachers may be employed on a part-time basis. For part-time employment rates must be determined in the employment contract, see. § 3.

(2). Principals and full-time teachers can get a reduction in working hours (part-time employment) after application if the service permits a reduction in working hours can be either fixed-term or be given so far. After a temporary reduction of working hours has the employees as well as the right to return to full-time employment. Is the reduction of working hours given so far, where the relevant preference to available hours at school, if the reduction is desired changed to a higher working time or full time. It is a condition for preferential right to available hours that the part-time after school's assessment is qualified to perform the available hours.

Fixed-term work

§ 6. If there are specific reasons, which can be determined by valuation, fixed-term employment can happen.

(2). Fixed-term work after this Ordinance is recruitment, where the date of cessation of employment is fixed at the point.

(3). Fixed-term contract work, for example, can be used by





1) temp jobs for employees with full or partial leave in a given period of time (maternity leave, education leave or similar),

2) temp jobs by disease.





Time in paid employment

§ 7. Time in paid employment used for teachers engaged in until 3 months as temporary workers or for other temporary employment.

(2). Hourly paid teachers released for permanent employment or fixed-term contracts, no later than from the date on which the employment has lasted 3 months, unless they are covered by section 8.

§ 8. Time in paid employment may apply to teachers hired for more than 3 months of employment, if the annual number of training hours does not exceed half (204) of it for one full-time teacher prescribed number of training hours. The hour be reduced proportionately if the period of employment is shorter than 1 year.

(2). Hourly paid teachers, recruited in accordance with paragraph 1, carries out educational tasks with associated preparation, etc. For participation in meetings and boarding school work going on particularly remuneration.

Chapter 3

Remuneration and pension

§ 9. The Ministry of education shall determine after consultation with the school of the Association and the relevant employee organisations detailed rules on wages and payroll seniority to principals and teachers.

§ 10. The school pays the pension contribution for principals and teachers, except for hourly employees and staff as a personal scheme have pension coverage in a State-guaranteed pension fund or other similar governmental as well as invalidity scheme, to one of the Ministry of finance approved pension scheme.

(2). Employees who have pension scheme coverage as personal in a State-guaranteed pension fund or other similar governmental as well as invalidity scheme may choose to move on to the rules on pension according to paragraph 1.

Chapter 4

Other salary and employment conditions

Required number of teaching hours

§ 11. The Minister shall lay down rules on the taxable annual number of training hours for principals and teachers.

Function in higher position

§ 12. If the school's management determines that an employee temporarily to act in a higher position, shall be granted in accordance with the Appendix of functional State officials the rules in force.

Holiday

§ 13. The employees covered by the Act. However, make up the holiday allowance 1.5 per cent of the basic regulation. Danish Holidays Act, section 23, paragraph 2.

(2). For employees after this notice you will find between the Ministry of finance and the central organisations agreed provisions on special holidays apply mutatis mutandis.

Special leave

§ 14. For employees, except for the hourly paid employees, the following applies:





1) special leave without pay may be granted when there is no conflict with the school's interests. There are earned not a right to paid leave or holiday pay.

2) special leave with full or partial pay and pension contributions can be given for educational purposes or other purposes, when granting State subsidies for school expenses to pay during leave for principals and teachers.

3) School can give the employees leave with full or partial pay for the care of the sick child, when





(a)) it is the child's first day of illness,

(b) the interests of the child) conditions make this necessary,

(c)) the conditions at the place of employment permits,

(d)) the child is under 18 years of age and

e) the child is at home being.









(2). The officials of the State's current rules for leave to perform civic duties shall apply mutatis mutandis. For permanent staff will find the Danish salaried employees act rules on military service, etc. mutatis mutandis.

Maternity, adoption and care days

§ 15. For employees after this notice you will find between the Ministry of finance and the central organisations agreed rules on absence from service due to maternity, adoption and care days apply mutatis mutandis.

ATP

§ 16. For employees under this Ordinance shall be paid contributions to the ATP with rate (C).

(2). With effect from 1. January 2010 paid contributions to the ATP with rate (A).

Coverage of expenses

§ 17. Unless otherwise agreed between the School Board and the employee Council/teacher Council, the rules that apply to State officials about the hours and daily allowances and travel allowances, shall apply by analogy.

Moving allowance

§ 18. The School Board may in each case determine whether there should be granted compensation for expenses incurred by the movement of household goods and, if so, whether that be granted partial or total reimbursement.

Service housing and rent housing

§ 19. The rules that apply to State officials about the service-and rental units, shall apply mutatis mutandis.


(2). To be observed by the school's page is the employee entitled to bebo service-/lejeboligen for up to 1 month after the date of termination. The same right is for the family in the event of the employee's death, see. the Danish salaried employees act, § 2, paragraph 9.

(3). By eventual dismissal in connection with termination and death is the school, however, entitled to claim family's relocation as soon as possible, if necessary in the interests of the school's best interests, to bear the costs associated with the move.

Anniversary bonus

§ 20. Anniversary bonus is granted after the officials of the State's current rules, see. However, paragraphs 2 and 3.

(2). Only employment at folk high schools included in the Jubilee seniority.

(3). Recruitment within the related school areas may, in accordance with the school's provision is included in the Jubilee seniority.

Disease

§ 21. Workers, aside from hourly paid employees, get full pay during illness, including absences due to injury in service.

(2). Hourly paid employees follow the rules in dagpengeloven.

After revenue

§ 22. Permanent staff follows the Danish salaried employees act rules for income.

Chapter 5 Termination

Permanent staff

§ 23. Permanent workers must terminate the employment relationship with 1 month's notice of termination at the end of one month, unless it is agreed that the recruitment is limited in time or on probation, and his appointment will not persist beyond 3 months. However, by written agreement, decide on further notice from the staff member's page, provided that the period of notice from the school's page is extended accordingly.

(2). Withdrawal from the school's page should be done with





1) 1 month's notice for resignation by a month in the first six months after recruitment and

2) 3 month notice for resignation by a month after 6 months of employment.





(3). The period of notice referred to in paragraph 2, no. 2, increased by one month for every third year of their employment, to a maximum of 6 months.

(4). If the school demonstrates that the recruitment is made on the test, or the hiring process is time-limited, and recruitment has not lasted beyond 3 months, to be observed by the school's page must be with at least 14 days notice.

(5). Cancellation must be done so in a timely manner, to the resignation with it for a period of employment given notice can take place before the end of the period. Termination in accordance with paragraph 1, paragraph 2, and paragraph 3, must be notified in writing no later than the last day of the month following the expiry of the notice period if starts to run.

§ 24. A full-time staff of the 1. January 1997 have longer portends than mentioned in § 23, retains the previous periods, as long as the person concerned is employed by the school, but may choose to exceed the right of termination under section 23.

Severance pay

§ 25. For permanent staff will find the Danish salaried employees Act § 2 (a) of severance mutatis mutandis.

Hourly employees

section 26. Hourly paid employees must terminate the employment relationship with





1) 3 days notice after 3 months of employment,

2) 3 days notice after 6 months of employment,

3) 1 week's notice after 1 year of employment,

4) 1 month's notice after 3 years of employment and

5) 1 month's notice after 5 years of employment.





(2). Withdrawal from the school's page should be done with





1) 3 days notice after 3 months of employment,

2) 1 week's notice after 6 months of employment,

3) 3 weeks notice after 1 year of employment,

4) 2 month notice after 3 years of employment and

5) 3 month notice after 5 years of employment.





(3). It is provided that the employee has been continuously employed by the school in the stated period of time.

(4). Notice periods will lapse in the event that temporarily cannot be offered employment due to shortage of work.

Chapter 6

Redundancy procedure, tenured

§ 27. It is the responsibility of the school to announce the dismissal of an employee in writing to the relevant employees with reasons for the dismissal.

section 28. The laid-off may, within a period of 4 weeks from the notification of dismissal require a negotiation with the school, if the laid-off find that the dismissal is not reasonably justified by the school or the afskedigedes relationship.

(2). In the absence of agreement by the debate in accordance with paragraph 1, the laid-off within 4 weeks after the debate the matter brought before an arbitral tribunal may request, if the person concerned discharged has been continuously employed by the school for more than 6 months.

(3). The provisions of paragraph 1 and paragraph 2, shall apply mutatis mutandis at the eviction of a teacher or principal.

section 29. The arbitral tribunal shall consist of 2 members and an umpire, who shall be elected by the two members. If no agreement can be reached on the choice of umpire calls the President of the High Court, in which the school is located, to designate umpire.

(2). One member of the Tribunal appointed by the school and the second of the laid-off.

(3). Cases submitted to the arbitral tribunal, shall be accelerated as much as possible. The Arbitration Court's deliberations are not public, and its writing is secret. In addition, the arbitral tribunal shall determine its own rules of time and can including also provide that the matter should be decided at the written assessment, without it being necessary for the Court's members meet.

(4). The school and the laid-off are eligible to appear in the Tribunal with an expert and/or legal expert assessor. The laid-off can be represented by proxy by an expert and/or legal savvy person.

(5). The Tribunal determines whether the parties ' statements to the Court shall be given in writing, or whether they should be carried forward during an interrogation.

(6). The arbitral tribunal shall issue a reasoned order. In the case where the arbitral tribunal might find that the dismissal is not reasonably justified by the afskedigedes or the school's conditions, the Court may instruct the school to cope with the consequences of the dismissal. It can thus be imposed on the school, if the school and the laid-off not both want the employment relationship is maintained, to pay the dismissed a compensation to be determined by the arbitral tribunal and must depend on the circumstances of the case and the afskedigedes seniority at the school. Maximum reimbursement has been an amount equal to 9 months ' pay, however, a maximum of 12 months ' wages for principals.

(7). Publication of the decision of the arbitral tribunal may take place after the arbitration provisions. Indication of any dissentie leaked vota must not be given.

(8). Costs in connection with the proceedings of the arbitral tribunal shall be determined by the arbitral tribunal. Costs, including the costs of assessor, may be imposed on either of the parties or be distributed among these.

(9). The provisions of paragraphs 1 to 8 shall apply mutatis mutandis at the eviction of a teacher or principal.

section 30. Tenured teachers 1. January 1999, kontraktsfastsat the opportunity to get an allowance for not reasonably justified dismissal on a maximum of 12 months ' pay, will retain this right, as long as the person concerned is employed by the school.

Chapter 7

Date of entry into force and transitional provisions

section 31. The notice shall enter into force on the 1. April 2009. section 16, paragraph 2, however, shall enter into force on 1 January. January 2010.

(2). At the same time repealed Executive Order No. 283 of 24. April 2008 on conditions of employment for principals and teachers in public schools.

(3). The provisions of section 10, paragraph 1, concerning insurance pension scheme shall not apply to the following groups of principals and teachers who have retained membership in or will be admitted to the Pension Fund for Colleges, Agricultural schools and Municipal schools etc.:





1) Principals and teachers, who before 1. January 1997 is employed at a folk high school and after 1. January 1997 either continues to be employed in the same position or directly transferred to another position as a Superintendent or a teacher at same or different folk high school.

2) Principals and teachers, who after 31. December 1996 is included in pension fund for Colleges, Agricultural schools and Municipal schools, etc., because they are released directly to employment at a folk high school from a position associated with State tjenestemandspensionsret or entitled to the current civil service pension, etc.., rådighedsløn or wait for money.

3) Principals and teachers, who after 31. December 1996 is employed at a folk high school, and who have retained their membership of the Pension Fund for Colleges, Agricultural schools and Municipal schools etc.



The Ministry of education, the 2. March 2009 P.M.V.

LARS MORTENSEN STEERING HEAD/Jens K