A teacher is employed to the teaching service as a result of the establishment of a POST.

Posts are created based on the number of students enrolled in an institution (pupil/teacher ratio) or otherwise authorized by the Ministry of Education, Youth and Culture (MOEYC).

*Pupil/Teacher Ratio by School Type

*School Profiles 2001 – 2002, Statistics Section, MOEYC

If a school employs more teachers than the prescribed ratio can accommodate, then the institution is deemed ‘over-staffed.’ If, however, there are less teachers then the required ratio then the institution is deemed ‘under-staffed.’0

School administrators will seek to fill available posts through a selection process. Having decided on t0
he teacher, the relevant appointment form (ME Form N503) must be completed in quadruplicate for Primary and in triplicate for Post-Primary institutions and forwarded to the MOEYC.

Such agreement shall state the type and category of employment.
A copy of the executed agreement (i.e. ME503) shall be kept by the Ministry, one copy by the teacher and one placed on the personal file of the teacher in the institution in which he is appointed.

No variation or amendment of the agreement shall be made by any party unless it is initialed by all parties to the agreement.

All teachers are employed by and responsible to the Board of their respective institutions.

TYPES OF APPOINTMENT

1) Permanent Appointment
A teacher who is permanently employed enjoys security of tenure in the particular institution until retirement, unless his employment is terminated in accordance with the relevant regulation.

2) Provisional Appointments
A teacher who joins the service for the first time shall be appointed on a provisional basis. The duration of such provisional appointment shall not normally exceed three school terms.

A first appointment as a Principal shall be on a provisional basis unless otherwise recommended by the Teachers’ Service Commission approved by the Minister. The duration of the provisional appointment shall not normally exceed three school terms.

The Teachers’ Services Commission shall
determinate in consultation with the Board, subject to confirmation by the Minister, whether the provisional appointment shall be made permanent or be extended for a further period; but the total period of an appointment on a provisional basis shall not exceed two years.

3) Temporary Appointments
A Principal or a teacher may be appointed temporarily to the staff of a public educational institution if he does not have the qualification or experience to be offered appointment to that particular post on a permanent basis:

wto fill a vacancy for which there is no substantive holder (clear vacancy)

A temporary appointment shall be for a specified period not exceeding three terms unless the Board at the end of that period has agreed to extend the period of such appointment.

4) Acting Appointment
A Board may make an acting appointment to:

a) replace a Principal or a teacher who is on leave or on secondment or is for any other reason, absent, with approval for a special period;

an acting appointment shall not exceed three years unless the Board in any particular case otherwise recommends;

a Principal or teacher who holds an acting appointment shall enjoy the privileges and benefits, except INCREMENTS for which he would be eligible if he were employed permanently to the post.

5) Termination of Appointments
The employment of a teacher in a public educational institution may be terminated:-
i) in the case of a teacher who holds a temporary, acting or provisional appointment by one month’s notice given by either the teacher or the Board.

Where the employment is terminated by the Board, reason(s) for such termination must be given or by a payment to the teacher of one month’s salary in lieu of notice, accompanied by a statement by the said Board outlining the reason for the termination;

ii) in the case of permanent appointment, by three month’s notice given by either the teacher or the Board or by the payment to the teacher of a sum equal to three months salary in lieu of notice by the Board.

Where a Board intends to terminate the employment of any teacher other than a teacher employed on a provisional temporary or acting basis for less than one year, the termination SHALL not have effect unless the procedure set out in Regulations 56 to 59 of the Education Act are followed.

Prepared by:
Member Services Unit
October 2004