SAOU

CONDITIONS OF SERVICE AND RELATED ISSUES

REGISTRATION REQUIREMENTS

Registration with the South African Council for Educators (SACE)

(Including Governing Body appointments and educators at private schools)

Registration with SACE is compulsory for all educators, whether they possess professional qualifications or not.

No educator may practise unless he or she is registered with SACE. All educators must adhere to the SACE

code of conduct. This also includes educators appointed and remunerated by governing bodies.

TYPES OF APPOINTMENTS

Temporary

A temporary appointment for a certain period in a full-time, part-time or shared capacity.

Permanent

An appointment in a permanent capacity in a vacant position for an unlimited period of time, subject to a

period of probation of at least one year.

Part Time

An educator appointed for less than 35 hours per week is remunerated on a pro rata basis. An educator who

teaches in a permanent position and teaches for additional hours over and above his or her normal timetable,

is appointed on a part time basis and is remunerated accordingly.

Part-time educators should submit monthly claims for remuneration.

Seconding

If in the interest of education, the Department may, after consultation, second an educator who has been

appointed in a permanent position to any other post in a different department for as long as needed.

Secondment to the post of Full Time Shop Steward to a recognised union may only be done with the approval

of the principal and for a fixed period of one year. Such a fixed term contract may be renewed annually. Only

educators on post level 1 may be considered for such a secondment.

Transfer

Educators appointed in permanent positions, may become additional to the post establishment due to

rationalisation, reorganisation, regarding abolishment of a post as a result of a decrease in learner numbers,

abolishment of institutions and a change in subjects. After consultation, an educator appointed in a permanent

position, may be transferred to another post in accordance with nationally agreed upon collective agreements

and certain legislation. Only educators on post level 1 may be considered for voluntary transfers.

REQUIREMENTS FOR APPOINTMENT IN A PERMANENT POSITION

Proof of the required minimum qualifications, registration with SACE and/or appropriate teaching experience

should be provided. Requirements with regard to the necessary documentation are published in the provincial

list of vacancies (Government Gazette).

ADVERTISING VACANCIES

Vacant permanent posts are advertised by the relevant provincial department of education in a vacancy list

and these posts are filled in terms of regulations as determined by legislation and policies.

ISSUES REGARDING PROMOTION

Requirements for each promotion post are linked to minimum qualifications and teaching experience.

According to the positions in which they are appointed, educators serve in 6 post levels of which post levels 5

and 6 are posts linked to positions at head office or support services.

Further information is available from your nearest SAOU regional office.

REMUNERATION

Salary

Salary structures were altered when Collective Agreement 1 of 2008 was signed and the Occupation Specific

dispensation for Educators came into effect.

Contact your SAOU office. See the SAOU’s website at www.saou.co.za - Salary Scales.

Service bonus

A service bonus or pro rata service bonus equivalent to 100% of one month’s salary is payable to an

educator/official after a period of 12 months or a part thereof on the last day of the month of the

educator’s/official’s birthday.

No pro rata service bonus is payable to an educator at termination of service through resignation.

Any unpaid leave, as well as continuity leave granted during the 12 months prior to the pay date, is taken into

account when the amount of the service bonus is determined.

HOUSING SCHEME

State guarantee scheme

This scheme allows persons who are unable to provide the necessary funds for the payment of the compulsory

deposit, to own property.

To qualify for the minimum requirements, an educator must be at least 21 years of age, must have rendered

one years’ continuous satisfactory service and must contribute towards the Public Service Pension Fund.

The employee’s annual salary notch determines the amount of the 100% loan that will be approved. Enquiries

in this regard may be directed to the nearest SAOU office.

Housing allowance

According to certain guidelines a housing allowance is payable to persons who rent or lodge, are paying off a

registered property, or owns a paid property.

This scheme functions independently from the 100% housing loan scheme and applies to persons who are

employed in a permanent or a temporary position and who contribute to the pension fund. In both instances

applicants must obtain a home loan from an acknowledged financial institution, occupy the home and adhere

to the prescribed requirements with regard to registration of ownership. Property registered in the name of a

company, closed corporation and trust are not recognised for purposes of the housing allowances.

Housing allowances are also paid in instances of occupational rent; a rental agreement entered into for a

home – through an agent or family; or a home occupied with the permission of a traditional leader. At present

an allowance of R900 per month is paid for the abovementioned occupancy. Guidelines and application forms

are available at www.dpsa.gov.za.

NB: Temporary educators employed for less than 6 months, qualify for a non-pensionable allowance equal to

37% of the basic salary in order to compensate for the lack of a service bonus, medical allowance, housing

allowance and membership of the pension fund.

PAYMENT OF SUBSISTENCE, TRAVEL AND RELOCATION COSTS

Subsistence allowance

The purpose of the allowance is to reimburse an educator for subsistence costs while he or she is away from

his or her headquarters on official duty.

Travel allowance

A travel allowance is paid to an educator who has to travel away from his or her headquarters in the execution

of his or her official duties.

Relocation cost

The expenses related to the relocation of a household are paid to an educator in a permanent position in the

following instances subject to departmental stipulations:

If the educator’s post becomes redundant and he or she is transferred permanently to another

teaching post.

In instances where he or she is permanently transferred by the Department.

When appointed in a promotion post at a higher post level.

In all instances the distance between the current location and the future

location must exceed 100 km.

Relocation cost (Transfer of furniture and vehicles) is payable:

If the person retires after at least 10 years’ continuous service.

If the person passes away after completion of at least 10 years’ continuous service, payable to the

dependants moving to another residence.

LEAVE ARRANGEMENTS FOR EDUCATORS

The leave benefits of educators are determined in Chapter J of the PAM and can be summarised as follows: (In

the revised PAM, to be published, shortly this information can be found in Chapter H )

Familial responsibilities and leave for urgent private matters

An educator is granted 5 workdays’ leave per annual leave cycle for illness of an educator’s child or spouse or

when the spouse gives birth to a child, and 5 working days in cases where an educator’s spouse, child or

closest family members pass away. Apart from these days an educator may take leave for urgent private

matters. The total number of days in this broad category may not exceed a maximum of 14 working days per

year. This leave is always granted with full pay. All unused days fall away at the end of the calendar year. Proof

should be attached.

Special leave for professional and personal development and religious events

Special leave with full pay may be granted to educators in cases where the activities will lead to professional or

personal development that is to the employer’s advantage, or for religious events. A maximum of 3 working

days per year may be granted.

Sick leave

36 working days are granted in a cycle of three years.

The new sick leave cycle started in 1 January 2013.

All unused leave days fall away at the end of the sick leave cycle.

A medical certificate will be required for sick leave of three days or more.

A supervisor may require a medical certificate if an educator is absent for a third time due to illness

within an eight week cycle, or in instances where a pattern in the utilisation of sick leave has been established.

Leave for temporary incapacity

When an educator’s normal sick leave in a certain sick leave cycle is exhausted and the medical

practitioner/dentist is of the opinion that the educator is temporarily incapacitated due to illness, additional

sick leave may be granted on condition that:

The educator’s supervisor is aware of the illness.

The relevant medical practitioner/dentist certifies that the incapacity is temporary.

Forms are completed in accordance with the PILIR system.

Submit detailed motivation with forms.

Incapacity leave is for management purposes categorised in two types:

Short term incapacity - this is when the period of incapacity leave that you request is for 29 days or

less.

Long term incapacity - this is when you apply for 30 or more days of incapacity leave.

Permanent Incapacity

When an educator’s degree of incapacity is permanent, the educator can retire on medical grounds.

If the educator and the employer are of the opinion that the educator will under no circumstances be

able to continue working, the educator may apply for early retirement due to continuous ill health.

Forms should be completed in accordance with the PILIR system.

Submit detailed motivation with forms.

Leave for occupational injuries or diseases

An educator who is absent due to an injury on duty receives special sick leave in accordance with the

Occupational Injuries and Diseases Act, 1993, provided that the injury has been reported according to the

stipulations in the Act. Please note that it is compulsory to report an injury on duty. Failure to report such an

injury is a punishable offence.

Accouchement leave

An educator is allowed 4 calendar months continuous paid accouchement leave for each pregnancy.

(This includes weekends and school holidays.)

An educator’s accouchement leave should start at least 14 days prior to the expected accouchement

date but not later than the day of the accouchement (in cases of an early birth).

An educator who suffers a miscarriage, whose child dies at birth or whose pregnancy is terminated, is

entitled to six weeks’ paid accouchement leave after a miscarriage or a still birth on condition that the

educator had been on paid accouchement leave at the time of the still birth or the miscarriage.

In instances where the baby of an educator, who is on paid accouchement leave, needs to remain in

hospital for more than a month due to illness or premature birth, the educator may request the

employer to temporarily return to her place of work to interrupt her accouchement leave.

No educator will be allowed to resume her normal duties before at least six weeks have passed after

the birth of the baby, or if a medical practitioner has certified that the educator may return to resume

her normal duties.

Pre-natal leave

With effect from 1 January 2013 members will be entitled to 8 working days pre-natal leave per pregnancy,

allowing the employee to attend medical examinations by a medical practitioner or midwife, and tests and

examinations will have to be submitted. Members may use this leave as full days or parts of a day. Note that

the ruling that absences resulting from medical complications during the pregnancy, must be taken as sick

leave, remains unchanged.

Leave for the adoption of a child

If an educator adopts a child under the age of 2 years, he or she is entitled to 45 work days’ adoption

leave.

If both parents work for the State, both may qualify for adoption leave on condition that the total

number of leave days taken by both parents does not exceed the total of 45 days.

Special leave

Special leave with full pay may be granted in certain circumstances:

Special leave for study

Special leave may be granted to an educator for an approved field of study, subject to certain conditions as

approved by the employer. Study leave may be approved with or without, or with partial remuneration.

Special leave for examinations

For each examination day in an approved field of study, an additional school day with full pay is granted as

examination leave. If a paper is written on a Monday, the previous working day, normally the preceding

Friday, may be taken as examination leave. If the Friday is a public holiday, then the Thursday may be taken as

examination leave.

Special leave for participation in sport/cultural and other activities

The Head of the Provincial Department of Education may approve leave with or without pay for an educator to

take part in sport, cultural or similar activities. Such activities include the following, among others:

to partake in sports events;

to act as official/referee;

to act as presenter or group leader for a course;

attending courses or meetings as approved by the employer.

Leave for office bearers and union representatives

Office bearers or union representatives may be granted up to a maximum of 12 days’ paid leave per year for

activities related to a union or the position that he or she holds in the union. Ordinary members qualify for 8

hours per year.

Leave gratuity

The controlled leave will be paid out after auditing, calculated on the final salary notch when the educator

retires (early retirements, for medical reasons, redundancy) or passes away.

On resignation or the choice of actuarial value no leave gratuity will be paid out.

The leave gratuity is taxable.

MEDICAL AID

Medical aid for persons in permanent or temporary (6 months +) posts is subsidised by the State. A maximum

amount is reviewed from time to time. Enquiries in this regard may be addressed to the nearest SAOU office.

At retirement the medical aid is continued if the educator was the principal member for at least one year prior

to retirement and employed by the State for at least 15 years (not necessarily on a continuous basis). In cases

of medical discharge, the member must have been employed by the State for at least 10 years.

WORKING HOURS

The regulations regarding educators’ working hours are as follows:

An educator must be at his or her place of work for at least 7 hours per day.

An educator must work for at least 1 800 hours per year.

The employer is entitled to require that an educator spend up to a maximum of 80 hours per year

outside of the normal school day or during school holidays for professional development.

An educator may not claim additional remuneration for any additional duties or work required by the

employer. The educator may not work outside of the teaching institution, with or without pay, without

permission from the employer.

TERMINATION OF EMPLOYMENT

An educator in a permanent or temporary post must inform the employer of his or her intention to

resign/retirement at least 90 days in advance. The employer may grant permission for a shorter period of

resignation.

The employer may terminate an educator’s employment:

on account of continuous ill-health;

on account of the abolition of the educator’s post or any reduction in, or reorganisation or

readjustment of the post establishments of, departments, schools, institutions, offices or centres;

if, for reasons other than the educator’s own unfitness or incapacity, the educator’s discharge will

promote efficiency or economy in the department, school, institution, office or centre in which the

educator is employed, or will otherwise be in the interest of the State;

on account of unfitness for the duties attached to the educator’s post or incapacity to carry out those

duties efficiently;

on account of misconduct;

if the educator was appointed in the post in question on the grounds of a misrepresentation made by

the educator relating to any condition of appointment; and (will be regarded as misconduct

if, in the case of an educator appointed on probation, the educator’s appointment is not confirmed.

PENSION ISSUES WITH REGARD TO PERMANENT STAFF

Pension contributions

Educators who are allowed to be members of the State pension fund, contribute 7,5% of their salaries, to the

fund.

Termination of employment on medical grounds

In a case of a long illness, the Head of Education may determine that an educator may retire or the educator

may submit such a request in the prescribed manner. The educator’s retirement benefits are calculated

according to a formula provided later. The Head of Education acts on recommendations of the Health Risk

Manager.

Payment of retirement benefits from the State Pension Fund

For the calculation of all formulae the term “end salary” is defined as the average salary notch of the

member’s last 24 months of service.

Employees who choose the inclusive salary package “the end salary" will be determined on the pensionable

portion of either 75% or 70%.

Termination of service (less than 10 years’ pensionable service)

If the service of a member with less than 10 years’ pensionable service is terminated for any of the following

reasons:

health reasons not due to own actions;

abolishment or re-organisation of the post;

if the termination will make the Department more effective;

inability to perform duties, misconduct excluded;

due to an injury or ill health caused by an incident during or as a result of the member’s duties, but not

due to the member’s own actions, a gratuity calculated as follows is payable:

15,5 x end salary x pensionable years of service

100

This amount is increased by a third, except in one case above, namely inability to perform tasks

effectively.

Termination of service (pensionable service of 10 years or more)

If the service of a member with more than 10 years’ pensionable service is terminated for the reasons

mentioned above, the following gratuity is payable:

A gratuity calculated as follows:

6,72 x end salary x pensionable years of service

100

Annuity calculated as follows

1 x end salary x pensionable years of service

55 + R360

For the reasons mentioned in above, except inability, one third of the period of pensionable service up to a

maximum of 5 years, or the difference between the person’s age and 60 years, whichever is the smallest, is

added.

Retirement (less than 10 years’ pensionable service)

If a member retires with less than 10 years’ pensionable service:

on or after the retirement date;

before retirement age in terms of the Act that regulates the conditions of service; or

as a result of the expiry of the service contract,

a gratuity is payable equal to the actuarial value of the member’s pension with benefits.

Retirement (10 years’ pensionable service or more)

If a member retires with more than 10 years’ pensionable service for a reason mentioned above, the following

is payable:

A gratuity calculated as follows:

6,72 x end salary x pensionable years of service

100

Annuity calculated as follows:

1 x end salary x pensionable years of service

55 + R360

If a member has reached the age of 50, but not 60, the above benefits are reduced by .33% for each month

between the member’s age and 60 years.

Members should note that only educators appointed before 1 May 1996 and who have more than 10 years’

pensionable service, may retire between the ages of 50 and 55. (Reduced benefits still apply).

Resignation

Resignation benefits are calculated according to the following formula: Number of pensionable years of service

x end salary x 7,5%.

As from April 2012, National Treasury (GEPF) will calculate both the resignation benefit and the actuarial value.

Educators will then have the choice of the biggest amount to be paid out directly or to be transferred in total

to an approved annuity fund or preservation fund.

A member loses the following benefits at resignation, namely leave credit, pro rata service bonus, medical and

funeral benefit.

Benefits at the death of a member

Members with less than 10 years’ pensionable service: A gratuity is payable equal to the greatest of the

member’s actuarial value and end salary.

Members with more than 10 years’ pensionable service receive the following:

A gratuity calculated as follows:

6,72 x end salary x pensionable years

100

Five times the retirement amount he/she would have received at retirement, calculated as follows:

5 x 1 x end salary x pensionable years of service

55 + R360

For calculation of the abovementioned gratuities, one third of the period of pensionable service, to a

maximum of 5 years or the difference between the person’s age and 60 years, whichever is the smallest, is

added to the years of service.

Spouse’s/life partner’s pension

If a member is survived by his or her spouse/life partner, a spouse’s/life partner’s pension is paid to the

spouse/life partner equal to half the annuity the member would have received if he or she had retired at the

age of 60 years.

Benefits at the death of pensioners

If a pensioner passes away within 5 years of retirement, a benefit is payable to the spouse/life partner or

dependents equal to the sum of the annuity payable, as calculated from the first day of the month following

the death up to the last day of the month in which the 5 year period expires. The formula is as follows:

1 x end salary x pensionable years of service x unexpired months of 5 years

55 12

Gratuity

If a pensioner is survived by a spouse/life partner, a spouse’s/life partner’s pension is payable equal to half of

the annuity that the pensioner received at his or her death unless, at retirement, the pensioner chose a

lessened monthly pension or a lessened gratuity. In the last two instances (lessened monthly pension or

lessened annuity) 75% of the monthly pension is payable as spouse’s/life partner’s pension.

Tax on retirement benefits

Pension gratuities (Resignation benefits excluded)

Tax on pension gratuity (single amounts) is phased in from 1 March 1998 and is calculated according to

completed years of service. Exemption amounts are involved for the different ways of retirement.

Monthly pension

Monthly pension benefits are taxed according to the normal tax scales.

Payment of funeral benefits

As from 1 December 2002 the following members qualify for the payment of a single amount as funeral

benefit at the death of:

a serving, contributing member of the GEPF (R7 500);

a pensioner (R7 500);

a spouse/life partner of 1 or 2 above (R7 500); and

a dependent eligible child of 1 or 2 above (R3 000).

in cases of a still birth, provided that the mother had been pregnant for at least 26 weeks or more.

For more information, contact the nearest provincial SAOU office.

BACKDATING OF PENSIONABLE SERVICE/PURCHASE OF SERVICE

Members may increase their pensionable service by purchasing service back to their eighteenth birthday or

any other period after the eighteenth birthday. This is expensive. Form Z215 is used for this purpose.

Previous pensionable service after resignation may be bought back at a favourable tariff, provided that the

educator is allowed back into the fund within 36 months after resignation, and the application for the

purchase of service (Z215) is received within 12 months after re-employment.

UNEMPLOYMENT INSURANCE FUND

The official stipulation is that a person who contributes to the pension fund may not contribute to the

unemployment insurance fund. Persons who do contribute, must direct enquiries with regard to the

procedures involved to the Department of Labour.

DEPARTMENTAL HOSTELS

Where departmental hostels are linked to schools, the employer may require of an educator to reside in such a

hostel and perform invigilation duties.

Invigilation duties are mainly related to the educational programme followed by the boarders. Hostel staff

receives, according to the approved hostel service record, a non-pensionable allowance for the additional

duties related to hostel duty. Staff residing in the hostel pays the determined fees for board and lodging.

LONG SERVICE RECOGNITION

Since 1 August 2012, recognition for satisfactory uninterrupted service is granted in the following instances:

Ten years’ uninterupted service:

A certificate

Twenty years uninterupted service:

A certificate and an amount of R8 371 as from 1 April 2014

Thirty years uninterupted service:

A certificate and an amount of R16 743 as from 1 April 2014

Fourty years uninterupted service:

A certificate and an amount of R21 120 as from 1 April 2014

Applications for the abovementioned should be submitted to the Department in writing/prescribed form.

Educators who reached any of these goal years before 1 August 2012, have the option of reverting leave credit

to cash, 10 days when reaching the 20 year mark and 15 days at the 30 year mark. Additionally, reaching the

30 year mark prior to 1 August 2012, educators where also entitled to an amount of R4 610 (before tax).

These payments are made against the salary notch of the educator at the time the goal was reached and not

the current salary notch.

Educators planning to retire may find it more beneficial not to have the days paid out until the date of

retirement, as it will be calculated on the last month‘s salary notch.

Acting Allowances (ELRC Resolution 8 of 2001 as included in the PAM)

An acting allowance for holding a temporary position will be paid when a person fills a vacant position which is

1 post level higher than the person’s present position. The provincial department may, however, agree to

exceptions. Unless the employer informs a person in writing that he or she should temporarily fill a position

and the governing body recommends such, the stipend will not be paid.

The Governing Body must make said recommendation within 14 days after having received the notification

from the employer. The allowance will only be paid if the appointment is for longer than six weeks and for a

maximum period of 12 months.

Payment will be retrospective to the date on which the educator started in the temporary position. The

amount payable is the difference between the person’s present salary (without benefits) and the initial notch

of the higher post (without benefits). If the person’s notch equals or exceeds the notch of the higher post, the

acting allowance that will apply is six notches.

Acting Allowances (ELRC Resolution 8 of 2002 as included in the PAM)

As of 1 April 2003 a stipend is also payable if the holder of the position is absent for a period longer than 12

weeks, but restricted for a maximum of 12 months as a result of:

accouchement leave

sick leave

study leave

suspension

secondment

INJURY ON DUTY

All instructions carried out by the educator as part of the internal as well as the extracurricular programme of

the relevant institution is regarded as official duties. Any injuries, also in the case of death, sustained while

performing these duties, should immediately be reported to the head of the institution. In such instances form

W.CL. 2(E) is completed. If an educator dies while performing official duties, the death should immediately be

reported to his or her immediate supervisor.

SCHOOL GOVERNING BODY APPOINTMENTS

Employer

The governing body of the school is the employer.

The Relationship between the employer and the employee:

The Basic Conditions of Employment Act and the Labour Relations Act regulate the relationship

between the employer and the employee.

The contract of employment is the foundation of the relationship between the employer and the

employee.

It is necessary to bear in mind that the employment relationship and the employment contract is not a

relationship of equality – the employer and employee do not have the same bargaining power. The employer

must consider its financial and other resources and therefore can dictate the terms and conditions of

employment to the employee.

The Contract of Employment

The contract of employment can be defined as a voluntary agreement between two parties, in which one party

(the employee) places his/her labour potential at the disposal and under the control of another (the employer)

in exchange for remuneration by the employer.

It is recommended that even though the Employment of Educators Act is only applicable to employees of the

various departments of education, the terms and conditions of employment of educators must be considered

when concluding the employment contract.

The terms and conditions that have been agreed to by the employee and the employer cannot be

changed unilaterally by one party.

Terms and Conditions of Employment

Minimum Terms and Conditions of Employment

The BCEA provides the important function of establishing a floor or threshold of basic conditions of

employment to protect all employees.

The employer is obliged to comply with the following provisions of the Act:

UNEMPLOYMENT INSURANCE FUND (UIF)

Both the employer and the employee must each contribute 1% of the remuneration of the employee to the

Fund. The obligation to pay over the total amount of the contribution (2% of the remuneration of the

employee) rests on the employer.

LEAVE

Sick Leave

The sick leave cycle is a period of 36 months’ employment with the same employer. During each sick

leave cycle, an employee is entitled to 6 weeks’ paid sick leave.

During the first 6 months of employment, an employee is entitled to one day’s paid sick leave for every

26 days worked.

It is customary to renew SGB contracts of employment annually. In practice it amounts to 10 days sick

leave per annum.

An employer is not required to pay an employee if the employee has been absent from work for

more than two consecutive days; or

on more than two occasions during an eight week period if the employee does not produce a medical

certificate stating the employee was unable to work.

Maternity Leave

An employee is entitled to at least four consecutive months’ maternity leave. The BCEA merely provides that

maternity benefits will be determined by the Minister of Labour subject to unemployment insurance

legislation. The Labour Relations Act determines that a dismissal is automatically unfair if the reason for the

dismissal is:

the employee’s pregnancy;

intended pregnancy;

or any reason related to her pregnancy.

FAMILY RESPONSIBILITY LEAVE

The BCEA provides for three days’ paid family responsibility leave during each annual cycle. The employee is

entitled to take this leave

On the birth, illness or death of a child; or

The death of the employee’s spouse or life partner, parent or other immediate family members.

JUSTIFIABLE TERMS AND CONDITIONS TO NEGOTIATE

Where feasible, the employee must negotiate with the employer to achieve congruous terms and conditions in

accordance with the EEA. Bear in mind that the employer must consider its financial and other resources and

therefore can dictate the terms and conditions of employment to the employee.

Leave (other than school holidays)

Negotiate for concurrent leave regulations as is applicable for Department appointments.

Family responsibility leave (fundamental differences in the determination)

Special leave for urgent private affairs

Maternity leave on full pay (salary minus UIF payment)

Remuneration

Salary

The employee must ascertain himself/herself of the salary notch offered by the SGB. In general, SGBs are

prepared to pay salaries in line with the Department of Education, excluding other monetary remuneration.

Remuneration Other Than Salary

Negotiate for additional benefits such as a service bonus, contribution towards medical, housing and pension.

Termination of the Contract

The contract of employment automatically ends once the period agreed to expired. Remember this type of

contract may be renewed. Where the employer fails to renew the fixed term contract and the employee had a

‘reasonable’ expectation that it would be renewed, the employee will bear the onus of proving that the

expectation of continued employment is reasonable. The employer must have created the impression that

such an expectation was justified. The more times a contract is renewed, the more weight will be attached to

the ‘reasonable’ expectation.

Certificate of Service

(Must be provided as proof of previous experience when appointed or re-appointed in public education).

The BCEA provides that on termination of employment an employee is entitled to a certificate of service

stating a number of employment particulars. These include the name of the employee, the name of the

employer, the date of commencement and termination of employment, the employee’s job title and the

employee’s remuneration at the date of termination. The reason for termination may be included if the

employee requests that it be included.

Recognition of Previous Service

Actual Educator’s Experience:

This pertains to all experience gained while the person held an educator’s post inside and outside public

education.

Appropriate Experience:

This pertains to working experience, which in the opinion of the employer, developed the candidate directly

and appropriately in all respects regarding knowledge, skills and attitude for holding an educator’s post.

Extent of Recognition:

Actual educator’s experience – full recognition.

Appropriate experience – full recognition.

CONDITIONS OF SERVICE AND RELATED ISSUES FOR ADMINISTRATIVE STAFF

Remuneration

Salary

Adjustment of salaries is negotiated on a yearly basis between the Trade Unions and the employer in the

PSCBC, as soon as a collective agreement has been reached. New salary notches will be communicated to

members. Contact your SAOU office.

Leave Arrangements for Administrative Staff

Annual leave for non-teaching staff at schools and training institutions

Non-teaching staff at schools and training institutions must take at least 22 of the 27 working days annual

leave during the period for which a school/training institution closes for the holidays. The remaining 5 days

may be taken when the school/institution is open.

If he or she has 10 or more years of service, he or she is eligible for 30 working days annual leave in a leave

cycle. 25 Days must be taken during the period for which a school/training institution closes for the holidays.

The remaining 5 days may be taken when the school/institution open.

If an employee is not required at the school/institution during the period(s) when the institution closes for

holidays, an employee may utilise his/her annual leave entitlement and/or paid time off granted by the

employer.

Annual leave for all other administrative staff and office based educators

If an employee has less than 10 years’ service he or she is eligible for 22 working days annual leave in a leave

cycle or if he or she has 10 or more years of service, he or she is eligible for 30 working days annual leave in a

leave cycle. If an employee is appointed in the course of a leave cycle, he or she will be eligible for a pro rata

annual leave entitlement only. The employee is required to take a continuous period of annual leave for a

period of at least 10 working days in a leave cycle. Employees are entitled to annual leave with full pay during

each leave cycle of 12 months commencing on 1 January of each year.

At least 10 working days must be taken as leave during the annual leave cycle. Annual leave should as far as

possible be taken as consecutive working days.

Utilisation of leave must take the service delivery requirements of a department into account. Any refusal of

annual leave must be confirmed in writing stating the reasons and arrangements for rescheduling of the

annual leave.

Remaining leave days, if any, must be taken no later than 6 months after the expiry of the relevant leave cycle

where after unused leave credits shall be forfeited.

The leave cycle is a 12 month period.

Family Responsibility leave

An employee will be granted 5 days leave per annual leave cycle for use if his or her spouse or life partner

gives birth or the employee’s child, spouse or life partner is sick. He or she will be granted five days leave per

annual leave cycle for use if the employee’s child, spouse or life partner dies, or an employee’s immediate

family member dies. The total number of days may not exceed 5 working days per annum.

Working Hours

All public servants appointed according to the Public Service Act of 1994, must work a full 40 hour week

(excluding time off for lunch).

The Termination of Employment

All public servants appointed according to the Public Service Act of 1994, must give notice of one calendar

month of his/her intention of resignation. The employer can approve a resignation with shorter notice.

The employer may terminate an employee’s employment:

If he or she suffers from continued ill health;

Due to incompetence or misconduct;

At the end of the month in which the employee reaches the compulsory retirement age of 65 years;

Reorganisation or restructuring of the employee’s post.

Pension Benefits

Public servants can apply for early retirement without reduction of pension benefits under Section 16(6) of

Public Service Act 1994, as amended by Act 30 of 2007, in other words, section 16(6) allows the executive

authority the discretion to approve early retirement without penalisation between age 55 and 60 years.

However, departments would exercise restraint when approving such approvals as the employer remain fully

responsible for the resultant liability to the GEPF when approving early retirement under this section.

The following conditions of service are the same as for educators

Service bonus

Housing allowance

Sick leave

Leave for temporary incapacity

Leave for occupational injuries or diseases

Maternity leave

Special leave

Leave gratuity

Medical aid

Pension benefits

Salary scales:

See the SAOU web site www.saou.co.za - Salary Scales.

Any reference to “he” also refers to “she”.

All information regarding conditions of service is a short summary of the various extensive statutory measures at the time of going to

press of this document and the complete and most recent intentions cannot be provided here. The information should only be

regarded as broad guidelines as the prevailing and original statutory measures will be defining in all disputes. If a member is unsure

about any of the conditions of service or the application thereof, he or she is welcome to contact the nearest SAOU office in this

regard.

Acronyms and Abbreviations

ACE Advanced Certificate of Education

ABET Adult Basic Education and Training

BCEA Basic conditions of Employment Act

CAPS Curriculum and Assessment Policy

Statement(s)

CEM Council of Education Ministers

CPI Consumer Price Index

CPIX Consumer Price Index excluding bond rate

CTPA Cape Teachers’ Professional Association

CTU Combined Trade Union

COSATU Congress of SA Trade Unions

DoBE Department of Basic Education

DoHE Department of Higher Education

DPSA Department of Public Service and Admi-

nistration

ECD Early Childhood Development

EE Employment Equity

EEA Employment of Educators Act

EI Education International

ELRC Education Labour Relations Council

EMS Education Management Service

FET Further Education and Training

FETC Further Education and Training College

FETCA FET Colleges Act

FETCEO FET Colleges Employer Organisation

GEMS Government Employees Medical Scheme

GEPF Government Employees Pension Fund

GET General Education and Training

HEDCOM Heads of Education Committee

HEI Higher Education Institution

ILC Independent Labour Caucus

IQMS Integrated Quality Management System

ISASA Independent Schools Association of SA

ITU Independent Teachers’ Union

LOLT Language of Learning and Teaching

LRA Labour Relations Act

MEC Member of Executive Council

NAPTOSA National Professional Teachers’ Organi-

sation of SA

NATU National Teachers’ Union

NC(V) National Curriculum (Vocational)

NCS National Curriculum Statement

NEPA National Education Policy Act

NSC National Senior Certificate

NTA National Teaching Awards

OBE Outcomes-Based Education

OSD Occupation Specific Dispensation

PAIA Promotion of Access to Information Act

PAJA Promotion of Administrative Justice Act

PAM Personnel Administration Measures

PED Provincial Education Department

PELRC Provincial Education Labour Relations

Chamber

PEU Professional Educators’ Union

PFMA Public Finance Administration Act

PI Post Level

PMDS Performance Management and

Development System

PSA Public Servants Association

PSCBC Public Service Co-ordinating Bargaining

Council

QLTC Quality Learning and Teaching Campaign

REQV Relative ED Qualification Value

SACE South African Council for Educators

SADTU South African Democratic Teachers’ Union

SAOU Suid-Afrikaanse Onderwysersunie

SAQA SA Qualifications Authority

SASA SA Schools Act

SDA Skills Development Act

SDL Skills Development Levy

SGB School Governing Body

SMT School Management Team

TLI Teacher Laptop Initiative

LTSM Learning and Teaching Support Materials WSE Whole School Evaluation

2015 School Calendar Inland Provinces: Gauteng, Limpopo, Mpumalanga,

North West Free State

Term Duration No of

Weeks

No of Days No of Public

and School

Holidays

Actual No

of School

Days

1 (12) 14 January 2015

until

25 March 2015

11 (53) 51 0 (53) 51

2 13 April 2015

until

26 June 2015

11 55 3 + 1 51

3 20 July 2015

until

2 October 2015

11 55 2 + 1 52

4 12 October 2015

until

(11) 09 December 2015

9 (45) 43 0 (45) 43

Total 42 (208) 204 5 + 2 (201) 197

2015 Public and School Holidays 1 January 2015 New Years’ Day

21 March 2015 Human Rights Day

3 April 2015 Good Friday

6 April 2015 Family Day

27 April 2015 Freedom Day

1 May 2015 Workers’ Day

15 Junie 2015 School Holiday

16 June 2015 Youth Day

9 August 2015 Women’s Day

10 August 2015 Public Holiday

24 September 2015 Heritage Day

25 September 2015 School Holiday

16 December 2015 Day of Reconciliation

25 December 2015 Christmas Day

26 December 2015 Day of Goodwill

2015 School Calendar Coastal Provinces: Eastern Cape, KZN, Northen Cape, Western Cape

Term Duration No of

Weeks

No of Days No of Public

and School

Holidays

Actual No

of School

Days

1 (19) 21 January 2015

until

1 April 2015

11 (53) 51 0 (53) 51

2 13 April 2015

until

26 June 2015

11 55 3 + 1 51

3 20 July 2015

until

2 October 2015

11 55 2 + 1 52

4 12 October 2015

until

(11) 09 December 2015

9 (45) 43 0 (45) 43

Total 42 (208) 204 5 + 2 (201) 197

2015 Public and School Holidays 1 January 2015 New Years’ Day

21 March 2015 Human Rights Day

3 April 2015 Good Friday

6 April 2015 Family Day

27 April 2015 Freedom Day

1 May 2015 Workers’ Day

15 Junie 2015 School Holiday

16 June 2015 Youth Day

9 August 2015 Women’s Day

10 August 2015 Public Holiday

24 September 2015 Heritage Day

25 September 2015 School Holiday

16 December 2015 Day of Reconciliation

25 December 2015 Christmas Day

26 December 2015 Day of Goodwill