SERVICE RULES AND CONDITIONS WITH THE TEACHING STAFF

1. PREAMBLE:

FOUNDER BODY means the Christian Church, Missionary Body, Religious Body, Subsidiary Trust, or it’s successor-in-law, which establishes and manages the School. The Founder Body for the Diocesan Schools is Jamshedpur Diocesan Education Society. The Schools are, therefore, under the authority and control of the Diocese of Jamshedpur and his successor-in-law.

GOVERNING BODY means the body / committee and final authority for its Educational institutions.

SCHOOL means a school established by / entrusted to and administered by the Founder Body.

MANAGING COMMITTEE means the School Committee appointed by the Founder in accordance with the Special Constitution approved / or applicable to Minority Institutions and entrusted with the implementation of the educational objectives of the Founder Body and the management of the affairs of the School.

HEAD OF THE SCHOOL means the Academic and Administrative Head of the Institution by whatever name designated by the Founder Body.

STAFF means the members or a member as the case may be, of the teaching and / or non-teaching staff of the School, inclusive of Librarian, Lab Assistants, Clerical and Group D staff.

The basis of this is :
Code of Canon Law of the Catholic Church (C80 to C803)

Can. 800    The Church has the right to establish and to direct schools for any field of study of any kind and grade.
Can. 801  Religious Institutes which have education as their Mission are to keep faithfully to this mission and strive to devote themselves to Catholic education,                 providing this also through their own schools which, with the consent of the Diocesan Bishop, they have established.
Can. 802  1. If there are no schools in which education is provided that is imbued with a Christian spirit, the Diocesan Bishop has the responsibility of ensuring that                   such schools are established.
              2. Where it is suitable, the Diocesan Bishop is to provide for the establishment of professional and technical schools, and of other schools catering for special                   needs.
Can. 803  1. A Catholic School is understood to be one, which is under the control of the competent ecclesiastical authority or of a public ecclesiastical juridical person,                   or one, which in a written document is acknowledged as Catholic by the ecclesiastical authority.
             2. Formation and education in a Catholic School must be based on the principles of Catholic doctrine, and the teachers must be outstanding in true doctrine                   and uprightness of life.
              3. No school, even if it is in fact Catholic, may bear the title ‘Catholic School’ except by the consent of the competent ecclesiastical authority.

The Right and Powers granted to Religious and Linguistic Minorities by Constitution of India

Article 30

1. All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
2. The State shall not, in granting aid to educational institutions discriminate against any educational institution on the ground that it is under management of a minority, whether based on religion or language.

Teachers are formators: Teachers are to be at the service of the students, alert to detect their special gifts difficulties, personally concerned, and assisting in the development of the inner potential of each student. Christian teachers are expected to participate in the Christian religious activities in the school. Non-Christian teachers enjoy complete freedom in their private religious beliefs. The School will respect these at all times.

APPLICATION AND SCOPE: These rules shall be applicable to all teaching and non-teaching staff. These are subject to amendments as per the need of time and circumstances with the consent of the School Managing Committee (SMC).

AIMS AND OBJECTIVES OF THE DIOCESAN SCHOOL:
The prime purpose of the establishment of the Catholic Schools is the education of Catholic Children in the Catholic Faith and Principles. However, children of other faiths, irrespective of caste, creed and community are also accepted.

As Catholic Schools, they are also a Learning Community, which have Christ as their central motivation force. His values, as expressed in the beatitudes and summed up in the virtues of love, sincerity, justice and freedom will so permeate the atmosphere that children of all social backgrounds, even the most deprived, and of all religions feel welcomed in the loving warmth which cherishes even as it challenges.

The Schools will foster the all-round growth and development of students to their fullest potential spiritually, intellectually and physically. It will guide them in the development of a sound value system and will inculcate in them a deep love and appreciation for their culture and country. The Schools will try to create an atmosphere in which the students find scope within their own cultural milieu to reflect on their life and to develop not only in knowledge and skills but also in that wisdom which is the fruit of the life and its lessons.

The education imparted is characterized by thoroughness, high principles and freedom. The students are helped to grow in responsibility, self-reliance and human maturity so that they find meaning and purpose in their lives and are inspired to live and work for building up a just and fraternal society. Hence, the idea of service is set before them so that they are trained to be concerned for others, to be aware of their needs and to make sacrifices when necessary, to share what they have with the less privileged. Efforts will, therefore, be needed to instill a sense of community rather than a spirit of competition.

Therefore, it is hoped that a community spirit will be built up between students and teachers, staff and heads, school and management. The School is not only a place for imparting knowledge, it is primarily oriented towards the formation of the child helping to grow to his / her full potential. It will seek to accompany the child through his / her healthy value system, based on mutual co-operation and assistance and avoiding unrestrained competition will be the prized possession of the students of Catholic Schools.

It is to be remembered that our Diocesan Schools are Minority Institutions protected under the Constitution of India. The “Protective Rights of the Indian Constitution” will help our Catholic Children to grow within the tenets and ethos of the Catholic Faith. However, children of all communities are eligible for these Institutions subject to their suitability and acceptance of the discipline and nature of the school. It is to be noted that respect for religious belief of every students is an essential element of Catholic Institutions.

CLASSIFICATION OF EMPLOYEES:
“A Permanent” employee is a person appointed on a regular basis against a specific substantive post.

A “probationary” employee is a person provisionally engaged with a view to fill a permanent vacancy, to demonstrate his/her aptitude for the work assigned to him/her.

”A Temporary” employee is a person engaged for a short period of time on a job.

“A Casual” employee is a person engaged for a work of the casual nature and/or intermittently.

“A Contract” employee shall mean an employee who has entered into a contact with the management to fill up a particular post for a specific period of time.

“A Substitute” employee is a person who is employed in place of any permanent or temporary employee or a probationer during his/her leave or absence.

“A part-timer” employee is a person engaged for a work which does not required his/her services full time.

APPOINMENT:
Every employee, whether teaching or non-teaching staff, shall be appointed by the letter of appointment signed by the Principal. No other letter of appointment shall be held as valid and binding on the school. The letter of appointment shall state clearly, the type of employment offered: permanent, probation, temporary, contract, substitute or part time.

To signify the acceptance of the offer by the candidate, one copy of the service rules shall be signed and returned, together with the copy of the appointment letter.

The period of probation for teaching as well as non-teaching staff shall be one year. The appointment authority may extend it, wherever necessary, without assigning any reasons.

No untrained person shall be appointed on a permanent basis as a teacher. If at the time of a temporary appointment, the teacher is not trained, she/he can be given a reasonable time, but not more than three years to obtain the necessary qualification.

The Principal, or one delegated by him, will make a performance appraisal of the probationer. This will be presented to the Principal on the completion of the probationary period. On the basic of appraisal, Principal will decide either to confirm or to extend probation or terminate the appointment. The decision of the Principal shall be final and binding on the employee.

Every employee is required to intimate, in writing, any change that may occur in the personal data furnished by him/her address, permanent as well as mailing address.

A service record book will be maintained for each member of the staff. The Principal may be maintained by the service book. The confidential personal file of each member will contain the bio-data, appointment letter, confirmation letter, particulars regarding disciplinary action, correspondence, transfers, recommendations etc.

AGE VERIFICATION:
The date of birth given in the application form or otherwise, shall not be deemed to be final, unless the same is verified to the satisfaction of the Principal.,br>
For the verification of the date of birth, the applicant for a post will be required to furnish: either I) Baptism Certificate OR II) Matriculation certificate granted by the Board of Secondary Education OR III) Certificate from the office of the registration of Births and Deaths.

The date of birth of the employee once admitted and entered in the service records, shall be the sole evidence of his/her service.

If, at a later date, it is proven that the date of birth has been falsified, services of the employees are liable to be terminated.

EMOLUMENTS:
A teacher who is appointed on a contract basic is given a consolidated / lump sum according to the contract. He /she is not eligible for an yearly increment.

The scale of pay and allowances applicable to him her, as stated in the appointment letter shall be governed by employee.

Only the Principal or his representative shall be entitled to refix the pay scales and allowances. In fixing salary of an employee, in the revised scale, the following procedure shall be followed: New pay fixation in the revised scale shall not be less than the total emoluments the employers are currently receiving at the existing scale.

Once the Management fixed the scale it shall be binging.

A person, who reaches the maximum in the salary scale, is eligible for a stagnancy increment only in alternate year, up to maximum of three increments.

PAYMENT OF SALARY:
All the employees will be paid their salary within seven day of the following months.

Requests for advance salary will not be entertained. Only employees proceeding on annual leave and who will be absent on the salary day, will be entitled for the same in advance. Notice of at least five days, is given in writing to the Principal.

VACATION SALARY:
A newly appointed teacher must complete nine month service for vacation salary either before or after the vacation. Only on completion of nine months of service, the teacher will be paid vacation salary arrears.

HOURS OF WORK:
The management has the right to modify the working hours from time to time, according to the exigencies of the situation.

The teachers must follow the school routine, arriving at least ten minutes before the time scheduled for assembly bell and not leaving before dismiss. When work demands and school programs are held, the teachers have to be present even if these are held on non-school days.

The office staff (secretaries, accountant, receptionists, typists etc.) are expected to work 44 hours in a week, seven hours a day – Monday to Friday and 5 hours on Saturday or according to the routine worked out by Principal.

ABSENCE:

Absence without permission:
Absence from the place of work: Only with the express permission of the Principal can an employee be absent himself/herself during working hours from the school.

No employee is to absent himself/herself without sanction of leave (including absence before or after summer vacation, Durga Puja holidays, winter holidays etc).

Absence from duty without permission:
Any employee who, after presenting himself/herself for work, is found absent without permission from his/her place of work during working hours, shall be liable to be treated as absent for the whole day.

An employee absent without permission will lose the pay and allowances for the period of absence and will also liable for disciplinary action.

ATTENDANCE:
All members of the staff, teaching and non-teaching must sing regularly the Attendance Register which is to be maintained by the Principal. In the Attendance Register, each should daily record the time of his/her arrival and departure.

Delay of fifteen minutes or more after the appointed time, shall be considered as late attendance.

Late attendance of three days shall be considered as absence for one day.

LEAVE:
Leave cannot be claimed as a matter of right.

All applications for leave shall be submitted to the Principal, who deals with them in accordance with the prescribed rules and regulations.

Expert in an emergency, the concerned person shall submit an application for at least one week before the date from which the leave is to be taken.

Grant of leave to an employee will depend on the exigencies of the work of the School and shall be at the discretion of the Principal. The sanction of leave can be refused, revoked, or granted for a shorter period than applied for.

Extension of leave which under the rules cannot be granted by the Principal, an application for consolidated leave shall be submitted to the Director through Principal.

Every employee who proposes to go out of his/her station during leave shall give his/her address at which he/she can contact.

The right to receive salary, etc., for the period of leave is contingent upon employees’ return to duty on time except in case of an accident or death.

1. Casual leave / sick leave: CL / SL is provided as a safeguard against the unexpected and unforeseen events that happen in life.

Casual leave / sick leave is granted with full pay.

Casual leave / Sick leave may be granted up to ten in a year. It may not be enjoyed for more than three days at a time. It cannot be claimed as a right. Discretion to grant or revoke leave is reserved to the Principal.

Holidays which occur immediately before or after or during the period of absence are to be treated as part of Casual Leave, provided the day is not a national holiday (eg January 26 either on Friday or Monday) is calculated as one day. However, if an employee takes CL on Friday or Monday, it is calculated as 3 days.

Attendance on the last day before and first day after the summer, Puja and X’mas and Easter vacation is compulsory. An equivalent of two days salary and allowances will be deducted for absence on either of above days.

Earned leave: A non-teaching employee is entitled to two weeks paid leave per year. This leave can be accumulated for 90 days. This leave is encashable.

Maternity Leave: Maternity leave is granted as per the Maternity Benefit Act 1961.

Six weeks before the date of her expected delivery and

Six weeks after and including the date of delivery for a total period of twelve weeks, but in the event of delivery during the vacation period. In case she overstays for more than six weeks after delivery, it will be leave without pay.

Leave without pay: Leave without pay may be granted for a genuine and serious reason such as a death in the family or taking care of the sick parents, by the Principal up to 30 days in an academic year. No employee can be absent from duty continuously without pay for more than three months.

Study / Examination leave: This leave may be granted to a confirm employee for the full period of examination and one week prior to its commencement, provided that,
The examination meets the needs of the school.

The competent authority conducts the examination.

The teacher intimates the Principal well in advance and obtains his permission in writing.

The total period of leave from its commencement does not exceed thirty days.

The examinee reports back for duty a day after the last paper is over.

A detailed exam schedule is submitted to the Principal’s office treated as leave without pay.

If the leave exceeds a month, the period exceeding the months will be treated as leave without pay.

Special leave: In case any staff member is deputed by the school to attend and/or to participate in training causes, Workshops or Seminars, for the benefit of the school, such period will be considered as leave with pay.

HOLIDAYS:
Normally, Sundays are off days. However, if need arise, teacher may be called to attend school function scheduled on these days.

Non-teaching staff is required to work during vacations (e.g. summer).

Festival and National Holidays: As listed is the school prospectus.

PROVIDENT FUND:

As per the employees Provident Funds and Miscellaneous Provisions Act 1952, Provident fund will be deducted from the employees’ salary from the 1st day of employment. The PF is payable on a salary up to Rs. 5000/- (five thousand) only. (Basic + DA)

GRATUITY:
An employee becomes eligible for gratuity after five continuous year of the service. The payment will be made as per Payment of Gratuity Act 1972.

XVII. MISCONDUCT:
Misconduct is a wrongful act and/or omission or habitual misbehavior which is incompatible with the vocation as an employee in the school. The following acts and omissions will be treated as major misconducts for which an employee may be dismissed, discharged, demoted, suspended or his/her increment withheld, according to approved disciplinary procedures.

Habitual late attendance.

Habitual negligence of work.

Habitual absence without leave and/or absence for more than ten days.

Insubordination or refusal of work whether alone or in combination with others or for deliberate delay in carrying out any reasonable order of Principal/Vice-Principal. Instigating other employees against the school management.

Giving or taking a bribe in connection with school work.

Engaging in any activity apart from school duties, which in the opinion of the Principal to the employee’s responsibility.

Engaging in private tuition unless it is taken up with the explicit approval of the Principal.

Engaging actively in any political activity on the school premises.

Inflicting serious corporal punishment on the students.

Habitual breach of any rules of the school and habitual slovenliness in dress and manners.

Theft, fraud, willful damage with regard to the school property.

Drunkenness, riotous or disorderly behavior or any subversive activity on the premises.

Threats, intimidation, using force or distributing any hand bills, pamphlets, posters within the school premises without prior permission.

Threats, intimidation, using force or any form of violence against any other person within the premises, including residential quarters.

Gambling, money-leading or doing any other business within the school premises.

Holding meetings unrelated to academic activity inside the premises of the school without prior permission of the Principal.

Tampering with records, attendance registers, disclosing to any unauthorized persons, confidential facts or figures about the school.

Any act of immorality (as normally understood), within the premises or indecent behavior injurious to the name and the effectiveness of the school.

Forging the signatures of any person or making a deliberate false statement.

Conviction by a court of law for any offence.

Spreading false rumors or giving false information which may bring into disrepute the school or its employees.

Sheltering unauthorized persons in residential quarters within the school premises.

“Sexual harassment” in the workplace: Cases related to sexual harassment shall be referred to the Complain Committee, which will act as per the guidelines issued by the Honorable Supreme Court of India. The details are set forth in annexure ‘A’ of the Rule.

DISCILPINARY ACTION:
Procedure for disciplinary action: The following are the various steps to be initiated against an employee, charged for acts and omissions mentioned above, under “Misconduct”.

Charge Sheet: if it is reported that there has been misconduct on the part of an employee, the concerned employee shall be issued a charge sheet by the management, clearly stating the allegation against employee and asking for a written explanation within 72 hours from the receipt of the charge sheet. Proceedings against the employees will be initiated by the Principal.

When an employee refuse to receive the charge sheet, the charge sheet shall be sent to the employee by the registered post to the last known address of the employee and a copy of the charge sheet shall be exhibited on the notice board. Such sending of the charge sheet by registered post and affixing the same the same on the notice board of the respective department shall be deemed proper serving of the charge sheet.

The explanation to the charge sheet shall be considered and if found satisfactory, the whole matter shall be dropped.

If the explanation is found unsatisfactory, the management will inform the concerned employee that there shall be a domestic enquiry into the matter by an enquiry officer appointed by the Management.

If no reply is received in respect of the charge sheet within the stipulated time, the Principal or the authorized officer may proceed on the basic that the employee has no explanation to offer and take further action, as he deems proper and necessary.

The enquiry officer will record his / her findings on the basic of the testimony presented and give his / her decision on the culpability or innocence of the employee with regard to the charge clearly stating reasons for his / her conclusion.

If guilt is established, the Principal shall decide on the appropriate penalty according to gravity of the misconduct. He will let the guilty employee know that in writing, of his decision, provided further enquiry, a copy of the report (including the ex-parte enquiry report) shall be given to the employee in advance and he shall be asked to submit his / her presentation, if any, within the stipulated period (not less than 72 hours). Penalty shall be imposed after considering his / her representation.

Ex-Parte enquiry: If the employee concerned fails to appear before the enquiry officer at the appointed time and place without showing sufficient caused, the enquiry will be held in his/her absence.

SUSPENSION:
For a serious misconduct, the Principal may place an employee under suspension pending enquiry. The Principal must confirm or annul his action within fifteen days.

An employee thus placed under suspension shall be entitled to receive from the school, a monthly subsistence allowance as under:

During the first two month of suspension, at the rate of fifty percent of the pay to the employee was entitled to immediately preceding his/her dates of such suspension.

At the rate of 75% of such wages for the remaining period of suspension if the delay in the completion of the disciplinary proceeding against such employee is not directly attributed to the conduct of such employee.

If the employee is suspended beyond sixty days for the reason attributed to the conduct of such employee at the rate of 25% of the wage.

DISCIPLINARY AUTHORITY:
The Principal shall be the Disciplinary Authority in respect of all acts of misconduct which in his/her opinion warrants only minor penalties as define below. All action taken by the Principal is disciplinary matters shall be subject to the prior approval of SMC.

The SMC shall be the Disciplinary Authority in respect of all acts of misconduct, which in its opinion warrant a major penalty as defined below.

The SMC shall have the power to reconsider all the evidence produced in the case, admit fresh evidence, if necessary, hear the parties concerned and confirm, modify or set aside any decision of the Principal. With regard to all Disciplinary matters, its decision shall be final.

PENALTIES:
Minor penalties:
Warning – either oral or written.

Recovery of damage or loss incurred by the school subject to the extent of loss or damage.

Suspension from duty without pay for a period not exceeding four days.

Fine up to 2% of his/her salary of one month.

Major penalties:
Demotion.

Withholding of increment.

Discharge or removal from service.

Dismissal.

APPLICATION FOR ANOTHER POST:
An employee applying for a post outside the school shall have to send his / her application through the Principal.

RETIREMENT AGE:
Age of retirement is 60 years. In no case will the services be extended.

If an employee suffering from any disease which, medically, makes it impossible for him / her to continue with the work, his / her service may be terminated.

GRIEVANCE PROCEDURE:
The purpose of this procedure is to ensure just and equitable treatment to all employee and achieve a suitable employer-employee relationship.

Procedure and steps:
Step 1: An employee with a grievance arising out of any breach of any agreement or any these rules, or of any practice which, in common estimation, is considered unfair and unjust, should report it to the Principal, who will give his reply within a week.

Step 2: If an employee is dissatisfied with the response of the Principal, he / she shall report the grievance, in writing, to the Principal within three or four days after the replay. The Principal will reply within a month and his decision will be final and binding.

TERMINATION FROM SERVICE:
Either party in lieu can terminate the service of the temporary employee or a probationer with one month’s notice or with payment of one month’s salary thereof.

A permanent employee may terminate his / her service three month notice, or by paying three months salary in lieu thereof. Similarly, the Management may terminate the service of an employee by giving three months notice or by paying three months salary for a reasonable cause.

No notice is required for disciplinary termination.

RIGHT OF APPEAL:
Persons aggrieved have a right to appeal within seven days of receiving information, to the JES, against the decision of the SMC. The decision of the President of the LES shall be final and binding.

ANNEXURE – A

DEFINITION:

“Sexual Harassment” means and includes such unwelcome sexually determined behaviors (whether directly or by implication) as
Physical contact and advances
A demand or request for sexual favour
Sexually colored remarks
Showing pomography
Any other unwelcome physical, verbal or nonverbal conduct of sexual nature. Complaints committee for sexual Harassment means a Committee constituted by the Management, consisting of seven or more members to look after the allegation of sexual harassment at the workplace. The said Committee shall be who is familiar with the issue of sexual harassment, and not less than half of its members shall be women. The same shall be mentioned as “Complaints Committee” in this annexure.

FORMATION, POWER & FUNCTION OF THE COMPLAINTS COMMITTEE FOR SEXUAL HARASSMENT (IN SHORT THE COMPLAINTS COMMITTEE)

The Complaints Committee as mentioned shall be formed by the Principal of the school by taking 7 or more members from amongst the stuff, outside and one NGO or other body familiar with the issue of sexual harassment.

The term of the members of the committee shall be one year. In case of death, resignation or removal of the member of the Committee, the Management shall fill the same within 45 days of such contingency.

The committee shall sit at least once a month in a room of the school or such other place as the Committee deems fit.

The Committee shall have a woman member as its Chairperson. The Committee may also have a member of the staff or an outside to act as the Secretary of the Committee.

The Committee shall have the power to inquire into all complaints referred to it either by individual staff or the management of the School regarding the allegation of sexual harassment in the workplace and it shall recommend suitable action including initiation of a criminal case or departmental proceeding.

All complaints regarding sexual harassment in the workplace shall be addressed the Chairperson of the Committee mentioning facts of the case, list of witnesses and documents if any to be relied upon. The Secretary will receive all complaints on behalf of the Committee. In case of non availability of the Secretary the complaints will be handed over to any member of the Committee.

All such complaints shall be placed before the Chairperson who will pass order to convene a meeting of the Committee within 15 days to inquire about the complaints. If the complaint is against any staff of the school the same shall be forwarded to him along with all enclosures in order to submit his views within a reasonable time mot later the proposed date of meeting.

PROCEEDINGS OF THE COMMITTEE:

The proceedings of the Committee shall be in camera and the parties shall have no right to be represented by anybody.

The Committee shall in each case make such enquiry as it may deem to be appropriate.

In conducting such enquiry the Committee shall be guided by the rules of equity and natural justice and shall not be bound by any formal rules relating to procedure and evidence.

Before formulating its recommendation, the Committee shall give a summary of the charges against the staff enclosing the report of materials on which the charges are based and shall, if he is not absconding or untraceable, give him an opportunity within the time be specified by the Committee to offer his explanation orally or in writing, which if given shall be recorded.

Four members shall form the quorum of the Committee and they shall be competent to dispose of any complaint. After completing the enquiry the Committee shall record its finding, stating the allegation of the sexual harassment in the workplace. It will recommend to the Management of the school for departmental action or for criminal proceedings where allegations amount to a specific offence under the Indian Penal Code or other laws. In case of conflict of views amongst the Committee members may also recommend for departmental action if the allegation is found to be false and frivolous.

In general, the Committee will function and recommendation in the light of the guidelines given in Vishaka’s case reported in AIR 1997 SC 3011.

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