Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Schedule 2 : Transitional provisions9. State employees enforcing previous Acts |
| 1) | An individual who, immediately before the early effective date, was employed by the State, assigned to the Department of Trade and Industry and tasked with administration or enforcement of any of the repealed laws, is an employee of Commission, as of the effective date, subject to the Public Service Act, 1994 (Proclamation No. 103 of 1994). |
| 2) | The transfer of departmental employees to the Commission must be effected in accordance with— |
| a) | section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995); and |
| b) | any collective agreement reached between the State and the trade union parties of the Departmental Chamber of the Public Service Bargaining Council before the effective date. |
| 3) | A person mentioned in subitem (1) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the early effective date, and any proceedings against such a person that were pending immediately before the early effective date, must be disposed of as if this Act had not been enacted. |
| 4) | Any person transferred in terms of subitem (1)— |
| a) | remains a member of the Government Employees’ Pension Fund mentioned in section 2 of the Government Employees’ Pension Law, 1996 (Act No. 21 of 1996); and |
| b) | is entitled to pension and retirement benefits as if that person were in service in a post classified in a division of the public service mentioned in section 8(1)(a)(i) of the Public Service Act, 1994. |
