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K12 start ups are a dime a dozen. Best advice: develop a free channel. Use those as your leads for your premium version. Also, treat your earliest customers like gold.
K12 can be a long haul to good money; everyone involved should understand that.
I started an enterprise software company selling to colleges and universities. We struggled for a long time with the bureaucratic and tedius sales process - be prepared for 5-10 year slog to build a business in higher ed. We did find one shortcut though - we offered a grant to get out software for free for a few years to up to 10 schools, with one of the caveats being a signed contract as part of the application. We took out a full page ad in the chronicle of higher ed, made a big splash at edutech and tech ed, and signed 30 schools in 3 months. They still had to pay expenses, which would keep us afloat, but the main goal was to get buy a few years of references and a client base quickly.
That said, our story didn't end particularly well - our product didn't move as quickly as our marketing did, and the finicky financial markets of the early 2000s didn't see us through the storm. Our marketing was good though.. :)
It depends on who you need to sell to, and your price point. You need to do research on the price limit of an invoice that doesn't require higher approval. If you can sell profitably at that price (you can charge monthly at the approval limit), then I think it is worth it. If you can't, I would stay away.
A high level of online presence is essential in 2022 for savvy suppliers who understand the way schools source products and services. When asked about their preferred medium for sourcing suppliers 78 per cent of schools said they prefer to search the internet. A professional looking website is crucial as is a mobile responsive design as many heads and school business leaders will be searching suppliers on the go on phones and tablets both in and out of school.
Just 5 per cent of schools welcome direct sales calls suggesting that suppliers should consider its value as a means of selling to schools. A higher percentage (30 per cent) may consider other forms of direct marketing such as brochures, printed directories and letters, however, it is certainly worth comparing the cost of this type of marketing with digital marketing in relation to its return on investment.
76% of schools prefer to search for suppliers when it suits them rather than being sold to. Suppliers are encouraged to ensure they can be found at the point when schools are searching for their products and services. Schools use the National Register of Education Suppliers to find, check and compare suppliers and it's essential for companies targeting the education sector to have a compelling profile that provides rich, objective information about their business on this recognised platform for school procurement. Use the Incensu Registration Mark to show schools you can be found on the National Register of Education Suppliers.
ADD A FREE PROFILE FOR YOUR BUSINESS TO THE REGISTER NOW
With such pressures on school budgets, suppliers are being urged to 'step up' and help schools embrace collaborative purchasing. Kevan Walsh, managing director of school energy broker Zenergi, understands and says "it is vital that suppliers make it as easy as possible for schools to collaborate on the buying of high quality, good value goods and services. This approach will help school budgets go further and makes sound business sense, giving school suppliers access to a bigger customer base.” Suppliers are encouraged to use their Incensu profile to outline to schools how they can support them with collaborative purchasing through their business." More specifically suppliers should propose collaborative purchase offers for multiple schools, such as those in a Multi-Academy Trust, using the Incensu dashboard.
Almost 80 per cent of schools now compare service costs and quality of suppliers as an in-house exercise. More information about suppliers is available via the Incensu website. Suppliers are missing a trick if they fail to promote their education and industry accreditations to schools. The National Register of Education Suppliers at Incensu has a specific section for suppliers to display accreditations, a feature schools find vital when justifying spend to stakeholders. Suppliers demonstrating BESA membership, ISBL Approved Partner or ASCL Preferred Supplier status for example or industry accreditations such as CHAS, Contructionline or RoSPA give schools greater confidence in the procurement process, especially where larger budget spend is involved.
Over the past 12 months over 70 per cent of schools have used word of mouth as a key way of sourcing suppliers. What others say about your business is far more powerful than what you say about yourself. Suppliers are urged to collect testimonials from previous customers and share them in the dedicated section on the National Register of Education Suppliers. The Incensu platform also facilitates ratings and reviews from schools giving suppliers a quick and easy way to drive business through word of mouth and springboard onto work with other education organisations.
A range of associations and local authorities have their own approved supplier lists which many schools refer to when sourcing suppliers. Despite the increase in academies and the autonomy this brings in terms of spending 70 per cent of schools will still consider using approved local authority lists to source some of their suppliers over the coming year.
Using Twitter, Facebook, LinkedIn and Google+ is an effective way to engage with schools and education groups. The following groups, hashtags and communities are a good place to start: Twitter's #ukedchat, #uksbmchat, #sltchat, @middleleaders, @incensu - LinkedIn's school procurement, headteachers, school business managers and Google+'s UK Education, UK school procurement and UK school finance. It's well worth remembering however that these networks provide an opportunity to open up the conversation with schools and build relationships rather that give them the latest sales patter.
With 64 per cent of schools doing a general internet search for some of their suppliers last year it is easy to see how important your position in search engine results is in getting business from schools. Other than investment in search engine optimisation a quick way to ensure you are found when schools are searching is to run a pay per click campaign - and let's remember that 78 per cent of survey respondents prefer to search the internet for suppliers.
There are an increasing number of education trade shows and exhibitions throughout the year and in different parts of the country. The key ones to look out for are The Schools and Academies Show, BETT, The Northern, Southern and Eastern Regional Education Shows, The Nursery and Primary Show, Childcare and Education Expo and The Higher and Further Education Show to name a few. Trade shows and conferences are an effective way of developing face to face relationships with school leaders and education influencers bearing in mind well over a third of schools said they would consider trade shows as one way of sourcing suppliers this year. While exhibiting at trade shows and conferences can cost more than other forms of education marketing it can also prove a good return on investment if executed and followed up well. Incensu members receive generous discounts off many of the leading education trade shows saving suppliers well in excess of their Incensu subscription.
Be clear on the people in schools you need to target as this will be different according to your particular business. Do you need to target the overall financial decision-makers such as headteachers or school business managers or are you targeting the influencers such as heads of department? You may need to identify the phase you are concentrating on such as key stage 4, early years or higher education or perhaps a subject area such as science, technology or the arts. Once you have identified your target more specifically you can be more focused on your marketing.
Re-think your message for this year. It needs to take into account any changes to the education system this year or any developments in your industry. Consider whether your message is compelling for schools. Ensure your message conveys how you can bring value to a school giving a school reason to buy from your business over your competitors. Your 'value for money' message needs to be on point in 2022 as financial pressures continue to be at the forefront of school leaders' minds.
The reputation of your brand should be your most prized asset so be good at what you do. Encourage reviews on your Incensu profile – It’s what schools look at before spending. 99 per cent of schools are willing to recommend, rate and review suppliers for their work with their school in order to help other schools in their procurement decisions. Make the most of every opportunity to build your reputation within the education sector and in your locality.
Education suppliers need to know their competition both within their industry and geographically. Search the Incensu register to see who else sells your products or services to schools. Follow your competitors on social media and view their websites. Use search engines to find similar companies. Get to know them at trade shows or through trade bodies and associations. All this should help you establish how you compare and give you ideas on how to raise your game.
A key part of any business relationship is managing expectations and advising the client where you feel a project could hit problems, or it could be improved; this is no different when working in education. If you feel a project has unrealistic deadlines, budget or isn’t an effective solution, communicate this. Many public sector contracts go overdue and over-budget for the simple reason that communication wasn’t as good as it should’ve been. It’s also important at early stages to identify and communicate issues like these because if the project does run into difficulty there will naturally be an investigation into the cause. Take it as a given that schools are paying you for your expert and specialist knowledge and expect you to provide advice that would avoid any issues.
Schools are, unless you’re working with independents - public sector organisations and as such are process-driven and have themes of accountability and structure. They’ll expect clear timescales, expectations and specifications and they’ll expect regular updates, possibly in a standardised form. Don’t take this requirement for information, meetings and action points as anything other than necessary. The decision-maker you will be working with will have expectations on them from their management and stakeholders and they’ll be accountable for the project. Feeding them relevant, succinct information will greatly help their job and in turn improve your relationship with them. Public sector clients can feel demanding when compared to their private-sector colleagues, but once you have a system of providing them information and know what to provide each time, life will become much easier.
Whatever you’re doing, remember the user. Education organisations have a number of different audiences and users, each with varied demographics, expectations and needs. Understanding these and how they’re segmented is key to delivering a great end-user experience. It's essential to see past a school as just an organisation but instead, focus on building relationships with the individuals who are making the financial decisions within each school.
Start out every year by prioritising your marketing mix as follows: 1. Exhibiting to schools, 2. Online advertising 3. Content production 4. Direct marketing. Start with a plan of how you will exhibit to schools - an online profile on the National Register of Education Suppliers at incensu.co.uk is the most cost effective way to exhibit to schools 24/7 ensuring you are found when schools are searching, then consider if your budget allows for attendance at education trade shows and if so decide which to attend. Incensu members receive generous discounts and benefits off exhibiting at The Schools & Academies Shows in both London and Birmingham, The Northern Education Show in Manchester, The Southern Education Show in Basingstoke, The Eastern Education Show in Newmarket, The Childcare and Education Expo events in London, Manchester and The Midlands and The Education People Show in Kent. Follow this with a clear strategy for online advertising via social media and Google AdWords - set the budget and plan your campaigns carefully. Next allocate an investment of time and money on the creation of compelling content, employing a copywriter or PR consultant is well worth investigating if you do not already have one in-house. Using education marketing experts at a well-established company can have a much greater impact and success rate, including for direct marketing, than attempting it in-house if you don't have the expertise.
The tender process can be a real stumbling block for many companies, but there’s no need for it to be a difficult stage. This part of the process is a necessary stage in working with a new supplier and requires everything you’d expect when forming a new relationship. Essentially schools are looking for security, professionalism and reassurance here. Naturally, you need to be capable and cost-effective for the task at hand, but it’s important to convey your experience, references and testimonials, your processes and how you manage critical things such as risk, quality and project management. Include relevant documentation (including insurance certificates) to ensure all bases are covered - most tender documents will ask for these as a matter of course. Answer the questions and don’t over-complicate. Decision-makers will want to know you’re trusted, recommended and capable.
Educate!
In many cases, your field of expertise is not going to be the expertise of your target audience. Schools will be looking to you as their supplier to provide them with reliable knowledge of your industry. Setting yourself up as an expert in your area is crucial to building the trust a school is looking for. Content marketing is essential here and in the current climate widely considered as one of the most effective ways of marketing not only in the education sector. Provide good quality content by sharing your expertise in your field and provide information that will encourage schools to find out more. Offer free resources to initially engage more customers and then develop your relationship with these customers.
One key: Putting the needs of others before their own.
Posted December 3, 2021 Reviewed by Davia Sills
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Charismatic people have a knack for getting others to not only like them but also to follow them. Charismatic people put the needs of others before their own, and this pays off both in the workplace and in the bedroom. Some people are naturally charismatic, but anyone can learn behaviors that boost charisma. A satisfying sex life is one key to a happy marriage. Research shows a strong correlation between sexual satisfaction and relationship satisfaction. At the same time, the data also indicate that both drop over the course of a marriage.
And yet, a closer look at the data tells a more complex story. While the frequency of sex and relationship satisfaction trend downward over the years for most couples, some maintain high levels of sexual activity and happiness within their relationship over several decades. So, the question for relationship scientists is this: Who are the lucky couples that can keep the passion burning over the long haul?
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According to York University (Canada) psychologist Eric Tu and his colleagues, some research suggests that couples who keep the passion going tend to be high in the personality trait of extraversion. Because of their outgoing and sociable nature, extraverts meet and get to know more people. As a result, they also tend to have more sex and more sex partners than introverts.
However, the data on extraversion and long-term marital happiness is mixed, with some studies finding a correlation and others not. Because of this, Tu and colleagues speculated that perhaps the concept of extraversion is too broad and that what really predicts long-term sexual and relationship satisfaction is a specific type of extraversion. In a paper they recently published, they proposed that charisma may be the personality trait they’re looking for.
Charisma in the workplace
Personality psychologists conceive of charisma as a combination of likability and influence. Charismatic people are extraverted, to be sure, but in addition, they have a knack for getting people to not only like them but also want to follow them. Because of this, charismatic people tend to rise to roles of leadership.
The characteristics of charisma have mostly been studied within organizational and leadership contexts. Charismatic people are likable because they show deep concern for the interests and welfare of others. The people around them are moved by this display of genuine concern, and as a result, they are inspired to follow them.
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To be sure, the dynamics of large groups are quite different from those of intimate relationships. Nevertheless, Tu and colleagues propose that charismatic people may also have more satisfying sex lives and marriages due to the genuine concern they show for their partner’s needs.
In terms of relationship science, people who put the needs of the relationship before their own are considered to be high in communal strength. When it comes to the couple’s sex life, those who make it a priority to meet their partner’s needs are said to be high in sexual communal strength. This entails things such as a willingness to engage in sex when their partner is in the mood even when they’re not, as well as an openness to trying new things in the bedroom.
Charisma in the bedroom
In two studies involving more than 500 couples, Tu and colleagues measured levels of charisma, sexual desire, sexual satisfaction, and sexual communal strength. In both studies, the researchers found that charismatic persons experienced great sexual desire and sexual satisfaction.
Charismatic persons also displayed high levels of sexual communal strength in that they were very attentive to their partner’s sexual needs. It should come as no surprise, then, that their partners also reported high levels of sexual and relationship satisfaction, whether they themselves were charismatic or not.
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In workplace settings, charismatic persons are known to be passionate colleagues and leaders. This new study by Tu and colleagues shows that they bring this high level of passion into their intimate lives as well. Moreover, this penchant for passion pays off with more satisfying sex and a happier marriage.
But what is the take-home message from this? Personality traits are generally seen as being either innate or set early in life. So, it may be of academic interest to know that people with certain personality traits, such as charisma, have fantastic sex and happy marriages. But how does this help the average person who wasn’t blessed with a naturally charismatic personality?
Can charisma be learned?
Tu and colleagues cite research by Swiss psychologist John Antonakis and colleagues showing that people can learn the behaviors of a charismatic leader in a workplace setting. For instance, charismatic people show their emotions, both in their words and in their gestures, in such a way that they excite the people around them.
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Likewise, charismatic people share the sentiments of the collective. That is, rather than trying to impose their will on the group, they instead show interest in the desires of others. It’s this other orientation that makes charismatics so likable.
One can easily see how these characteristics are important for building and maintaining satisfying intimate relationships as well. These characteristics also reflect the behaviors that couples’ counselors and self-help coaches have long been encouraging their clients to adopt, even if they haven’t called them “charisma.”
If you want to be charismatic in the bedroom, try the following. Don’t hide your emotions from your partner, but instead show your genuine feelings. Also, listen carefully to your partner and show that you truly care about their happiness. And finally, set aside your own needs for the moment and focus instead on meeting your partner’s needs, trusting that they’ll meet yours in return.
In doing so, you and your partner can create a virtuous cycle of mutual caring and tenderness that will keep the flames of passion burning for many years to come.
Facebook image: Volodymyr TVERDOKHLIB/Shutterstock
References
Tu, E., Raposo, S., & Muise, A. (2021). Leading better sex lives: Is trait charisma associated with higher sexual desire and satisfaction in romantic relationships. Archives of Sexual Behavior. Advance online publication. https://doi.org/10.1007/s10508-021-02138-x
Antonakis, J., Fenley, M., & Liechti, S. (2011). Can charisma be taught? Tests of two interventions. Academy of Management Learning & Education, 10, 374-396. http://dx.doi.org/10.5465/amle.2010.0012
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About the Author
David Ludden, Ph.D., is a professor of psychology at Georgia Gwinnett College.
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Shepherd’s Bush, Bayswater, Paddington, High Street Kensington, Kensal Green, Queen’s Park, Queensway
For three Carnival-less years, the streets of west London have stayed conspicuously quiet over the August bank holiday weekend. From tomorrow, that’s all set to change, as Europe’s biggest street party welcomes millions of revellers back to Notting Hill for the first time since 2019.
This will be the 54th edition of Carnival since it first hit the streets in 1966 as a celebratory balm to soothe racial and cultural tensions in the area. Deeply rooted in British-Caribbean culture, it has now grown into something that attracts hundreds of thousands of foreign tourists and generates around £120million for the London economy — but still holds those values of togetherness at its core.
Here’s everything you need to know ahead of the big weekend; with all that’s come before it, it’s bound to be a Carnival like no other.
The kick-off
The party gets going tomorrow with Panorama, a UK steel band competition, which takes over Emslie Horniman’s Pleasance Park from 6pm to 11pm (£20 adults, £7 kids, W10, ticketsource.co.uk), but the real action kicks off early on Sunday. The traditional J’Ouvert celebration starts at 6am outside the big Sainsbury’s on Canal Way, with crowds of people and booming tunes giving everyone a lively wake-up call. The official opening ceremony is at 10am, located at the judging zone on Great Western Road, before the Children’s Day Parade and Carnival get into their rhythm from 10.30am until 5pm.
Sunday is the more relaxed day — best if you’re planning on taking young kids along — while Monday is the big one, with the Adults’ Day Parade marching along the route from 10.30am to 8.30pm. The famous sound systems (more on them below) play tunes from midday to 7pm on both Sunday and Monday, while street traders sell their wares from 10am to 8pm (though in Kensington and Chelsea, they have to shut at 7pm as the western area of Carnival is covered by Westminster council).
Dave J Hogan/Getty Images The journey
Getting a bus or a taxi into the thick of the action isn’t an option, and the local Tube stations will be heaving on Sunday and Monday. Ladbroke Grove station will be closed altogether, while Latimer Road might close temporarily throughout the day to manage congestion. Notting Hill Gate is open from 11am to 7pm for exit only (District and Circle lines won’t stop there) and Westbourne Park is exit-only from 11am to 6pm, before closing at 11.30pm. Holland Park shuts at 3pm, and Royal Oak is exit-only from 11am to 6pm, when it shuts for the day.
Your best bet is to head to stations slightly out of the way — Shepherd’s Bush, Bayswater, Paddington, High Street Kensington, Kensal Green, Queen’s Park, Queensway — and walk the rest of the journey.
The route
The Carnival parade works its way along a 3.5-mile route. It’s a big loop, with its most south-easterly point at the intersection of Westbourne Grove and Chepstow Road. From there, it heads west to Ladbroke Grove, and north along that road until it meets with Kensal Road. It moves onto Kensal Road, following it towards Westbourne Park station. Once on Great Western Road, it turns onto Westbourne Park Road before joining up again with Chepstow Road.
The judging zone is by Westbourne Park station, where there is also a seated area, but this will fill up quickly. After a good spot to watch the parade go by? Try somewhere other than Ladbroke Grove, as this is usually the busiest place.
Press handout The sounds
Sound systems — crews of DJs, MCs and engineers responsible for blasting tunes through hulking speaker stacks all day long — are the beating heart of Carnival, and there will be almost 40 doing their thing in 2022.
Some sound systems have been Carnival stalwarts for generations. Aba Shanti-I (located on the intersection of East Row and Southern Row) has been playing roots and dub since 1993; reggae legends Channel One (where Leamington Road Villas meets Westbourne Park Road) have been there since 1983; the Sir Lloyd sound system (corner of Leamington Road Villas and Tavistock Road) has been delivering RnB and reggae since 1979.
Once you’ve paid tribute to the veterans, check out some newer players. The likes of Triple S (Southern Row corner of Bosworth Road) shell out genre-hopping tracks, while Disco Hustlers (Powis Square) do very much what they say on the tin. This year will also see Carnival’s first ever sound system dedicated to amapiano, the South African dance music genre that’s been sweeping the global scene over the last couple of years — catch that on Sunday at Rough But Sweet (Hazlewood Crescent).
And it’s not just the sound systems, with seven Brazilians bands, 14 steel bands and more than 100 live stages at Carnival in 2022. To plot your must-see list, download the official Notting Hill Carnival app and check out the interactive map.
Notting Hill Through The Years - In Pictures Click through this gallery to see how Notting Hill life has changed Traffic in Westbourne Grove, London, outside Whiteley's department store. The No.1 bus, which did a circular route starting and ending at Ealing Broadway and calling at Notting Hill Gate, Aldwych and Kensington, while soldiers line the streets. Nurses at work in the medical aid in Notting Hill Gate Station. The after-parties
Seeing as the sound systems have to call it a day by 7pm, scouting a good after-party in advance is a must. If you want to keep things local on Sunday, head to the Royal Oak in Harlesden (from £14.50, NW10, royaloaknw10.com), which is putting on a multi-room extravaganza — house music upstairs, carnival classics downstairs with smatterings of funk, disco, rap and more, plus some reggae out in the yard — while Paradise by way of Kensal Green (from £15, W10, theparadise.co.uk) is hosting the So Fresh So Clean crew for a night of hip-hop and RnB. Farther afield, highlights include Carnival icons Rampage Sound at Fire and Lightbox in Vauxhall (from £8, SW8, firelondon.net), a day-to-night marathon at Brixton Jamm (from £6, SW9, brixtonjamm.org) and a three-floor party at the Prince of Peckham boozer (from £8, SE15, princeofpeckham.co.uk).
On Monday, nearby Paradise will again welcome Carnival-goers, this time for a Rinse FM takeover (from £10). Expect back-to-back club bangers. Notting Hill Arts Club is also throwing a bash, with DJs including David Harness and Neil Pierce spinning house, garage, soul and more (£15, W11, nottinghillartsclub.com). Ministry of Sound in Elephant and Castle will put on the official after-party (from £9.20, SE1, ministryofsound.com), with the likes of Kenny Allstar and Crazy Cousinz playing across five rooms of music. It runs until 6am; tell your boss you might be a little late into work on Tuesday.
The grub
Five tonnes of chicken, 30,000 corn cobs and a tonne of rice and peas are cooked up each year at Carnival, washed down by five million drinks served over two days (including 25,000 bottles of rum and 70,000 litres of carrot juice, no less). Some 300 food traders are on hand to dish up the dancing fuel — from the timeless favourite, jerk chicken, to Trinidadian roti and Guyanese pepperpot stews — and are evenly spread throughout the site, meaning you’re never too far away from some good grub. Check the app for a rundown of who’s serving where.
READ MORE How to hit Notting Hill Carnival in style How to hit Notting Hill Carnival in style The caution
Without sounding too much like your mum, it’s a good idea to take some commonsense steps before plunging into the Carnival throng. Wear comfortable shoes (blisters are bad for dancing) and pick a pair you don’t mind getting dirty, not pristine white trainers. The weather is looking decent, with sun and temperature in the mid-20s, so take sun cream, a refillable water bottle (anda raincoat). Keep valuables in secure pockets, too; the vast majority are there for a good time, but pickpockets do operate.
With hundreds of thousands of people in a small corner of west London, things get busy — very busy. Phone signal is basically non-existent, and picking a face from the crowd is nigh on impossible, so if there’s a gang of you, meet up before the main Carnival area and stick together. Going with kids? Take a photo of them to show others what they look like if they get lost, and write your phone number on their arm in marker pen and cover it with a liquid or spray plaster (from Boots or Superdrug) to stop it running when wet. Make sure they know who to speak to if they do get separated from you: the stewards or police, no-one else.
You can hear more on this episode of The Leader podcast:
➕ Why focus to develop 網上英文學習數位平台 ? 👇
利用台灣教育發展的機遇 (特別是配合 「2030年雙語國家發展藍圖」的英語教育的發展)
僱傭法 – 新冠病毒下的法律面貌:給僱主和僱員的法律指南
Denis Chang’s Chambers的法律團隊,透過《新冠病毒下的法律面貌》系列的文章,探討這次疫情於香港衍生的重要法律議題。在首篇文章中,鄧鈞堤大律師及譚俊宜大律師為大家分析僱主和僱員可能遇到的五大勞工法律問題。
本文章刊登於2020年3月26日
隨著2019年冠狀病毒病 (簡稱為「新冠病毒」)在世界各地大流行,香港亦再次出現多個感染群組。很多企業都意識到,維持社交距離[1]、旅遊限制和自我隔離的措施,以及這些措施對日常營運造成的嚴重干擾,將持續多個星期,甚至數以月計的時間。
為了讓僱主和僱員在這段不穩定的非常時期,了解各自的權利和責任,我們準備了以下的簡短指南作為參考。
問題一: 新冠病毒有否改變僱傭關係中的權利和責任?
僱傭合約和《僱傭條例》中的條文,包括終止合約、無薪假期、病假和賠償等方面的條款,將繼續規管僱主和僱員之間的關係和責任。
另外,雙方也需要留意的法律包括《職業安全及健康條例》、《佔用人法律責任條例》、普通法下僱主對僱員負有的謹慎責任、《殘疾歧視條例》、《預防及控制疾病規例》、《若干到港人士強制檢疫規例》及《外國地區到港人士強制檢疫規例》(後三者以下合稱為「疾病及檢疫規例」)。
問題二: 僱主於什麼情況下可要求僱員放取無薪假期或減薪工作?
當僱主要求僱員放棄合約所列的工資或放取無薪假期,即等於單方面更改合約,會構成違約。此等更改有可能被裁定為毀約性違約 (repudiatory breach),僱主因此除了需要賠償僱員無薪假期間的工資外[2],亦會令僱員不再受僱傭合約的離職通知期和限制性條款約束,並違反《僱傭條例》第VIA部的僱傭保障條文。
不過,僱主或可依賴《僱傭條例》第32K條,即「(c) 該僱員屬裁員對象或僱主其他真正的業務運作需要」,以避免僱員就《僱傭條例》第VIA部的成文法濟助(包括將受解僱的僱員強制復職)提出申索。視乎個別案件情況,重大的成本節省或可構成「真正的業務運作需要」。[3]
請留意,除非合約有相反的規定,否則僱主必須按《僱傭條例》第IIA部,繼續支付非酌情發放的年終酬金(一般稱作「第十三個月酬金」、「第十四個月酬金」、「雙薪」或「年終花紅」),並按照合約訂明的完整工資,而非因無薪假而扣減後的平均每月工資計算。
對僱主的建議:如果必須採取這一步,僱主應該以書面(而非口頭)方式向僱員提出放取無薪假期(或其他諸如減薪等更改合約)的建議和列明原因,讓僱員以書面表示同意或不同意。如果未獲僱員同意而更改工資和其他僱員福利,可構成毀約。不管如何,僱主是有權以非不合理或不合法的解僱方式去結束合約的。
對僱員的建議:如果僱主為了真正的業務運作需要而要求你放取無薪假期,你有權不同意:其中一個可能出現的結果是合約結束,而僱主則可以「真正的業務運作需要」為辯解理由,抗辯你依賴《僱傭條例》第VIA部申索所要求的濟助(例如復職令)。
僱員亦應謹記,應僱主要求放取無薪假期亦有其好處,例如:(一) 可以在無薪假期期間維持僱傭合約的延續性,以致這段時間可用作計算《僱傭條例》第VA部遣散費、《僱傭條例》第32A條不合理解僱、和累積法定疾病津貼及享有產假或侍產假;(二) 可繼續享有合約中其他一切的僱員福利,包括醫療保險。如果你希望在放取無薪假期時進行另一份工作,請務必確保你事先得到僱主的書面同意。
[2] Symonds v Redmond-Ord [2013] 10 WLUK 654; [2014] I.C.R. D6 (Employment Appeal Tribunal)
[3] Chan Kam Yau & Anor v The Hong Kong University of Science & Technology, unreported, DCCJ 4016/2006, 21 December 2007
問題三:我的員工決定自願進行自我隔離。作為僱主,我有甚麼權利和責任?
所有僱主均須在合理地切實可行的範圍內,確保其所有工作中的僱員的安全及健康。這包括採取合理的步驟,保持工作地點安全和不會危害健康。這些責任源自《職業安全及健康條例》及普通法下僱主對僱員負有的謹慎責任。
有些僱員可能雖曾外遊,但由於某些原因(如已在2020年3月19日前回港)而不受政府的強制檢疫令規管。視乎情況,僱主可能有需要指示該名僱員不要前往工作地點,以確保工作場所的安全和其他僱員的健康。
員工自願隔離期間,僱主仍須繼續履行支付工資的責任。在可行的情況下,視乎個別職位,該員工亦有責任於合約訂明的工作時間內繼續履行職責。
對僱主的建議:如果員工不需接受強制檢疫,僱主仍可要求對方到工作地點上班及履行職責,但僱主均須就其情況評估風險,及採取措施降低傳染病擴散的風險。如果僱主同意自願隔離的安排,應確保有關僱員有遙距工作的工具和儀器;若果沒有這些工具,僱主須確保僱員不會因為無法遙距工作而受到懲罰。
對僱員的建議:雖然你在法律上沒有權利堅持進行自願隔離,但你的僱主仍有責任為顧客和其他員工維持安全和健康的工作環境。如果僱主要求你到工作場所上班,則視乎工作環境,你可以合理地要求僱主提供與進行有關工作的安全工具,即外科口罩或安全眼鏡(其一或兩者皆用)。你亦應留心往後的工作評核,確保你沒有因為缺乏安全工具下,生產力和工作表現受影響而被懲罰。
問題四:如果我獲發檢疫令、醫學監察令或隔離令,並已通知僱主,我可以繼續領取薪酬嗎?
疾病及檢疫規例授權衛生人員,向確診新冠病毒的人或其密切接觸者,以及從規例述明的地區抵港的人發出強制檢疫令,包括2020年2月8日起由中國大陸抵港及所有2020年3月19日起由中國以外地方抵港的人。另外,如果有理由相信某人受新冠病毒感染,規例亦授權衛生人員命令隔離有關人士,直至認為該人不再具傳染性或該項隔離可由醫學監察代替為止。
當然,處於檢疫或隔離的人士不可前往其一般的工作地點:任何人違反檢疫或隔離令,即屬犯罪,且一經定罪,可處罰款25,000元及監禁6個月:見第599A章 《預防及控制疾病規例》 第29條。
需進行醫學監察的僱員,將獲發寫有「須接受醫學監察」的醫生證明書,並可能有權因此放取病假。雖然勞工處敦促「僱主需按《僱傭條例》或有關僱傭合約,讓[處於醫學監察的僱員]放取病假」[4],但基於《僱傭條例》的字眼,如果一名沒有病徵的僱員因為接受醫學監察 ─ 即並非「因受傷或患病而不適宜工作」而缺勤,這些缺勤的日子是否可以算作「病假日」並不清晰。
獲發隔離令的僱員,相信已感染新冠病毒,所以這些僱員將享有放取病假的權利。
對僱主的建議:僱主應謹記現時有四類人正受規管限制,包括:(一) 因為與新冠病毒確診病人密切接觸而接受醫學監察的人;(二) 因確診新冠病毒而接受檢疫的人;(三) 因確診新冠病毒而接受隔離的人;(四) 因為由述明地區抵港而接受檢疫的人。
由於《僱傭條例》把病假日定義為因「不適宜工作」或「患病」而缺勤的日子,只有上述第(一)、(二)及(三)類的僱員方有權支取疾病津貼。就第(四)類僱員而言,視乎個別案件背景,情況相似於因無法履行職責而被要求放取無薪假期、或預計需要遙距工作的僱員(見上文問題2及問題3)。
對僱員的建議:在這期間,你的僱傭合約中有關獲發工資和放取病假的條款將繼續適用。你應當遵守任何由當局發出的檢疫、隔離或醫學監察命令的條款,並立即通知僱主和提供能證明有關命令的文件副本。如果你在檢疫期間因為不適而無法工作,你應按照正常程序申請病假。如果你在檢疫期間未有感覺不適,能夠遙距工作,你仍需要履行工作職責。上文問題二及問題三中提及的可能情況亦適用於你。
[4] https://www.news.gov.hk/eng/2020/01/20200130/20200130_115826_344.html?type=ticker
問題五:如果我懷疑或證實僱員感染了新冠病毒,我有權要求對方自我隔離和接受強制測試嗎?
在一般情況下,要求員工就任何疾病或病徵接受強制測試,不符合平等原則,並有可能違反歧視法例的條文[5]。不過,《殘疾歧視條例》豁免基於「傳染病」且「為保護公眾健康屬合理地需要的」歧視行為,因此也適用於新冠病毒。
要留意,病毒測試及其結果均屬《個人資料(私隱)條例》中第1保障資料原則所保護的資料:只可收集對該目的為必須及足夠的的資料,但不超乎適度。
對僱主的建議:雖然《殘疾歧視條例》提供了有關「傳染病」的豁免,但採取任何行動前,務必考慮和確定有關行動是否對所面對的威脅合符比例。為謹慎起見,僱主仍應訂立政策,在得到員工書面同意下,規定僱員需自行申報外遊及健康資訊,並於出現病徵後向僱主匯報及接受測試。僱主採取的任何措施均應盡可能減低對受影響僱員造成的困難,及避免特別針對個別群組(例如因為白種人員工可能與外地抵港者有更多社交接觸,而只要求他們進行測試)。
對僱員的建議:香港的情況與很多其他司法管轄區不同,本地的僱主有權採取合理的措施以保障公眾健康和應付傳染病。當你簽署任何文件時,應確保有條款保障閣下的個人資料,除為了保障公眾健康外,在非必要時不會向公眾透露。
[5] Waliyah v Yip Hoi Sun Terence [2017] 1 HKLRD 1082
這邊的本地人都很喜歡這些健康食品,可以提供進一步資料嗎?