PART-TIME EMPLOYMENT.doc
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1、PART-TIME AND JOB-SHARE ADVICEPART-TIME EMPLOYMENTIntroductionA part-time worker is an individual who, overall, works fewer hours than a comparable full-time worker. For teachers who are not able to work full time, or choose to combine teaching with other work or study, part-time teaching is an oppo
2、rtunity to adjust their work/life balance whilst keeping in touch with educational developments, maintaining skills and working on career development.The NASUWT recognises the value of part-time teachers in the profession, is committed to ensuring that part-time teachers understand their rights and
3、will assist in enforcing them. The NASUWT membership subscription is reduced for parttime teachers who work less than 60% of a full timetable and is further reduced for members who work less than 30% of the full timetable.Part-time employment has increased considerably in the last ten years and a si
4、gnificant number of teachers, both male and female, now choose to work on a part-time basis, particularly when nearing retirement or on return from maternity leave.There are many advantages for employers in employing part-time teachers, for example: retaining the skills of experienced teachers; aidi
5、ng recruitment and retention of staff; demonstrating commitment to equal opportunities; reducing stress, tension and illness in teachers.This leads to highly motivated teachers who have a better work/life balance.This booklet sets out the legal position regarding employment and also addressesconditi
6、ons of service issues.Requesting a change to part timeThere is no legal right to change from a full to a part-time contract but employers should always consider requests objectively and try to accommodate the request. A refusal by the employer could be a potential breach of equalities legislation an
7、d members should seek advice from their NASUWT Regional Centre.A request can be made informally or there may be a school policy or local agreement through the local authority that can be used. Legislation introduced in April 2003, and extended in April 2007, gives the right to apply to work flexibly
8、 (this includes part time) to the following: parents of children aged under six; parents of disabled children aged under 18; the carer of a person, aged 18 or over, who lives with them or who is a near relative.There is no automatic right to work flexibly, only the right to make the request, but emp
9、loyers have a statutory duty to consider these requests and follow a set of procedures. Further details are given in the NASUWT leaflet Flexible Working for Parents and Carers, which can be obtained from your NASUWT Regional Centre.The NASUWT recommends that the following objectives in respect of ne
10、gotiating any new contract are established at the outset to avoid any potential problems arising in the future. A permanent full-time contract should be replaced by a permanent part-time contract: a temporary contract is not acceptable. The only exception would be if the teacher requested a temporar
11、y variation to his/her contract for a specific period, e.g. 12 months, with agreement s/he will return to his/her full-time contract at the end of that period. Availability for work should be on specified days for a specified number of sessions; this should be clearly stated in the contract. Employm
12、ent should not be less than for a full session (morning or afternoon). Any work undertaken within a session should be paid as a full session. This will avoid the exploitation of part-time teachers being paid for lessons taught while they are in effect required to be on site for the entire session. A
13、ll payment should be on the basis of sessions, and contracts should be expressed as fractions of a week. The sessions could be weighted to take account of the longer morning. However, payment by the hour should be avoided as this can lead both to payment being made on the basis of part sessions and
14、of trapped time. Contracts should either specify the days and times during which the sessions will be worked or should state that such days and times will be mutually agreed. There should be no provision for the unilateral variation of the number of sessions to be worked or their days and times, but
15、 it would be proper for a clause which provided for such variation to be made by mutual agreement. There should be no requirement to attend non-pupil days except where these fall on days when the teacher would normally be at work. There should be no requirement for part-time teachers to attend the p
16、lace of work at times other than those specified as sessions within the contract. ContractThe contractual situation surrounding teachers who work part time varies according to the type of employment.First, the nature of the employment must be established. Is it casual employment (i.e. on a day-to-da
17、y basis) or part time (i.e. covered by a contract which specifies a number of hours or days or proportion of the week to be worked)?Once the nature of the employment has been established as being part time the precise terms and conditions under which the employee works needs to be established by ref
18、erence to the contract.In teaching, it is commonplace for a part-time teachers hours of work to be described in a number of ways. Additionally, the situation is complicated by the duties and responsibilities of teachers under the School Teachers Pay and Conditions Document and the hours of work of f
19、ull-time teachers as specified by the Document. The School Teachers Pay and Conditions Document currently states that the provisions regarding working time set out in the Document do not apply to part-time teachers. It is therefore difficult to argue that the 1,265 hours or 195 days which are applic
20、able to full-time teachers are valid in respect of part-time teachers. What is stated in the contract is thus vital in deciding what can be required of a part-time teacher.Sometimes attempts are made to arbitrarily increase, decrease or redistribute part time teachers hours of work at the start of a
21、 new academic year. Where this has been done unchallenged and problems subsequently arise, the original terms of the contract will be taken to have been varied by mutual consent. It is, therefore, important that any changes to the contract, however small, should be challenged if you have not agreed
22、them. Members should seek advice from their NASUWT Regional Centre.Employment lawAll employees are covered by discrimination legislation, regardless of length of service or hours worked. If an employee has worked continuously for the same employer for one year or more s/he has also qualified for emp
23、loyment protection.Part-time teachers are not always treated equitably in respect of training or promotion. Employers should ensure that equal access to these benefits is given to part-time employees. The underlying principle contained in the Part-time Workers Regulations 2000 is that part-time work
24、ers should not be treated less favourably than equivalent full-time workers on the grounds of their part-time status, unless such treatment can be justified on objective grounds.Performance managementPerformance management arrangements apply to part-time teachers on the same basis as for full-time t
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