The Protection of Employees (Part-Time Work) Act was signed into law on the 20th December 2001. The effect of the new Act means that all part-time teachers and lecturers, who are employed for more than 13 weeks continuous service will be entitled to pro-rata pay and conditions with whole-time staff as exemplified by an EPT contract. Service is continuous unless the staff member is dismissed or they terminate their own employment. The Act provides equal treatment for part-time staff with comparable whole-time staff with regard to pay, holidays and conditions on a pro-rata basis depending on the number of hours worked. The general right to equal treatment with full-timers does not apply for pension entitlements, to part-timers working less than 20 percent of the normal hours of work of a comparable full-time employee. The new Part-Time Act will require that significant changes are made to existing Circulars so that entitlements are brought into line with the Act. These proposed changes are currently under negotiation.
Eligible Part-Time Teachers
An eligible part time teacher has a fixed term renewable contract. The duration of the contract is one year. Your contact will be renewed if the work is available on a part-time basis, and if your service has been satisfactory without requiring re-interviewing. A VEC teacher may be given an EPT contract on available part-time hours in more than one school, with a minimum of 3 hours per week in any one school. See CL 43/00.
Salary & Conditions
EPTs salary and conditions are pro-rata the wholetime equivalent. Payment is due from 1 September each year, or from a later date on initial appointment. The same qualifications as are required for permanent appointment.
Where no suitable applicant satisfying the full-qualified requirement is available, a suitable person with acceptable experience/qualifications may be appointed at the pro-rata equivalent of the minimum point of the relevant scale. Such persons, however, will not become eligible for incremental credit until fully qualified as for a permanent wholetime appointment. This posts are subject to annual advertisement.
EPTs in a VEC school should sign only the contract negotiated with the Union. In the Institutes and in C&C schools, no contract is agreed at present. If you are in doubt seek the advice of the Union through your College/School Representative before signing any contract. See CL 39/89.
Regular timetabled hours which are available for the full academic year are reckonable.
Hours which are regular in Youthreach Centres, Travellers Training Centres and on VTOS schemes are also reckonable.
In the event that an EPT becomes unemployed at the end of a school year, the teachers name is put on a panel for the VEC scheme or the School in the case of C&C schools. New EPT hours arising must be filled in the first instance by EPTs from the panel.
Service by any part-time teacher/lecturer who works a minimum of 20% of the hours of a comparable whole-time teacher will be pensionable under the new Part-Time Work Act 2001. The current Superannuation arrangements for part-time teachers in the Vocational Sector is set out in CL 30/99 are as follows:
Eligibility for Membership
From 1st September, 1996 (date of establishment of the Scheme), membership of the Scheme is compulsory on an on-going basis for all teachers employed by all VECs who are:
- Fully qualified for the purpose of appointment to a permanent teaching post with the
Vocational Education Committee and
- Employed in permanent employment or in quasi-permanent employment and
- Employed for a minimum of nine hours per week and
- Have satisfactory heath.
For the purpose of admission to the Superannuation Scheme a teacher who is timetabled at the out-set of the school year for specific class contact time of at least nine hours per week for the full duration of the school year by any one VEC would be regarded as being in quasi-permanent employment during that year.
Teachers who have not already done so will be required to undergo and pass a medical examination for the purpose of admission to the Superannuation Scheme before membership of the Scheme can be approved.
The value of the superannuation benefits to teachers will be calculated by reference to their length of pensionable service.
In the case of EPT service pensionable service will be reckoned in the proportion which the weekly hours worked bear to whole-time service of 22 hours; for example, service as an Eligible part-time teacher for 14 hours per week will be reckoned as 14/22 of a full year i.e. 0.6364 of a year.
Additional part-time service of for example, 200 hours which is given by a teacher who is also in pensionable EPT service of 14 hours per week during that year will be reckoned as 200/1148 hours = 0.1742 of a year. In this example the teachers pensionable service during the school year will come to 0.8106 of a year, made up of 0.6364 of a year arising from the EPT service and 0.1742 of a year arising from additional part-time service.
In the case of service at the part-time hourly rate pensionable service during the school year will be reckoned in a proportion which the annual hours worked bear to 1148 hours, which is currently the hourly equivalent of a year of pensionable service, (52.18 weeks x by 22 hours per week = 1148 hours). For example, on-going pensionable service which consists solely of service at the part-time hourly rate and which comes to 700 hours will be reckoned as 700 hours over 1148 hours of a year = 0.6098 of a year.
Currently all EPTs/TWTs are entitled to receive a maximum of 91 days annual sick leave and are entitled to uncertified sick leave on the same basis as their equivalent permanent whole-time colleagues.
Temporary Wholetime Teachers
TWT teachers in a VEC school, or in an Institute of Technology, are not required to go for interview each year if the job is continuing to be temporary. Provided your service is satisfactory, you should be reappointed automatically to the temporary wholetime post each year where the hours continue to be available. Where a portion of the hours undertaken by a TWT continue, then these hours are undertaken by the TWT in an EPT capacity. See 1991 Agreement - Panel for Temporary Wholetime Teachers.
In the event that a TWT becomes unemployed at the end of a school year, the teachers name is put on a panel for the VEC, or the College. New TWT posts arising must be filled in the first instance by TWT's from the panel.
See 1991 Agreement - Panel for Temporary Wholetime Teachers.
Temporary Wholetime Teachers in schools who were not up to now eligible to join the pension scheme became pensionable w.e.f. 1st September 1996. Both their future and past service are reckonable on payment of appropriate contributions.
Pro-Rata Lecturers in Institutes of Technology
Any lecturer employed by an Institute of Technology for the full duration of the academicyear should have a pro-rata contract. The provisions of the Protection of Employees (Part-Time Work) Act 2001 are covered by the terms of the Circular Letter.