Acts Online
GT Shield

Employment of Educators Act, 1998 (Act No. 76 of 1998)

Regulations

Regulations regarding the Terms and Conditions of Employment of Education

Chapter 1 : Application of Regulations

1. Definitions

 

In these Regulations a word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned to it and, unless the context otherwise indicates—

 

"abroad"

means any country outside the borders of the Republic of South Africa;

 

"apposite training"

means training recognised by the Minister;

 

"approved qualification"

means a degree, a diploma, a certificate or another qualification recognised by the Minister as a qualification for appointment as an educator;

 

"calendar month"

means a period ranging from the first day up to and including the last day of any of the 12 months of a year;

 

"calendar year"

means a period ranging from the first day of January of a year up to the last day of December of the same year;

 

"cycle"

in relation to sick leave, means a period of three years calculated from 1 January 1980 and each succeeding period of three years: Provided that, in the case of an educator appointed after 1 January 1980 whose date of appointment does not coincide with the commencement date of a cycle, the period of his or her service from the date of his or her appointment to the date of commencement of the following cycle shall for the purpose of these regulations be regarded as a full cycle;

 

"day of rest"

means a Saturday, a Sunday or a public holiday;

 

"employer contribution"

means the monthly amount referred to in regulation 64;

 

"employing department"

means a department as defined in section 1(1) of the Public Service Act, 1994, in which the educator concerned is employed;

 

"head of education"
(a) an educator's spouse; and
(b) an educator or his or her spouse's necessarily dependent child who is bona fide resident with such educator: Provided that if such a child studies at an institution for post-school education, whether intramurally or extramurally, he or she may be deemed to be a member of the household, but only—
(i) if he of she did not take up any permanent full-time employment (including any type of vocational training to which remuneration is attached) after leaving school, excluding compulsory military service which he or she had to undergo after leaving school or work during vacations or temporary full-time employment which he or she had taken up between—
(aa) leaving school and the commencement of the academic year; or
(bb) leaving school and the commencement of such military service; or
(cc) the completion of such military service and the commencement of the academic year,

and had commenced his or her studies at such an institution at the commencement of the academic year following the completion of his or her schooling or military service; and

(ii) until—
(aa) he or she attains the minimum post-school qualification (or minimum combination of post-school qualifications) which will enable him or her to take up employment in the field of study for which he or she originally intended to qualify himself or herself; or
(bb) the normal duration of the course, as prescribed by the institution concerned, plus one academic year, expires, if it takes him or her longer than such prescribed period to attain the relevant qualification as a result of poor academic performance; or
(cc) he or she discontinues the relevant course of study; or
(dd) he or she changes his or her course of study,

whichever of the said four events occurs first; and

(c) a relative of an educator who is permanently resident with and necessarily dependent on him or her and whose income, from any source, does not exceed the sum of—
(i) the appropriate maximum basic social pension; plus
(ii) the maximum allowance for a war veteran to whom a social pension has been awarded; plus
(iii) the maximum allowance paid to a person as result of a late application for a social pension,

and if the relative concerned is a social pensioner, then any allowances other than those mentioned in subparagraphs (ii) and (iii) above, which he or she may receive in terms of the relevant regulations referred to above, e.g. an attendant's allowance, should be ignored for the purposes of this paragraph: Provided that where two relatives so reside with him or her and are dependent on him or her and where the one relative would normally have been a dependent of the other relative, for instance a father and a mother, both such relatives may be regarded as members of his or her household only if half of their joint income, from any source, does not exceed the sum of the maximum basic social pension in question and the allowances contemplated in subparagraphs (i) to (iii) above; and

 

"married housing"

means state housing designated for an educator with a household that normally lives with him or her;

 

"maximum rand amount"

means an amount equal to 4/6 of the maximum membership fee as determined by the Minister for subsidy purposes;

 

"medical scheme"

means a medical scheme which is registered in terms of an Act that governs the business of medical schemes;

 

"member contribution"

means an amount equal to the subscription minus the monthly employer contribution;

 

"membership fee"

means the full membership fee levied by a medical scheme;

 

"month"

means a period extending from a day in a month up to the day preceding the day corresponding numerically to that day in the following month, both days inclusive;

 

"office"

means a state educational institution excluding a school;

 

"providing department"

means the department in the province concerned responsible for the buying or erection of state housing and other related matters;

 

"province"

means any one of the nine provinces established under section 124 of the Constitution of the Republic of South Africa, 1993;

 

"recognisable experience"

means experience recognised in terms of regulation 11;

 

"salary increment"

means the difference between the notch on the key salary scale applicable to an educator and the following higher notch on the same key salary scale;

 

"salary incremental date"

means the date referred to in regulation 9;

 

"salary incremental period"

means a period of 12 months or any other period approved by the Minister which must elapse before an educator's salary may be increased in accordance with the salary scale applicable to him;

 

"school"

means any educational institution or that part of such an institution at which education and training, including pre-primary education, is provided and which is maintained, managed and controlled or subsidised by a provincial education department, excluding a university and technikon;

 

"school day"

means a day in a school term on which tuition is scheduled to take place at a school, to pupils enrolled at such school;

 

"school holiday"

means a period between any two consecutive school terms during which tuition is suspended;

 

"school term"

means any one of the periods into which a particular school year is divided for tuition purposes and fixed as such by the head of education for a particular school;

 

"service"

means, for purposes of regulation 67, service with an employer under the Act, as well as service in a department of State in terms of an Act other than the Act including service in an institution established or being established by an Act of Parliament and which obtains or has obtained its funds in whole or in part from the State Revenue Fund;

 

"single housing"

means state housing designated for an educator who does not have a household that normally lives with him or her;

 

"standard, non-standard and voetstoots housing"

means housing as determined by the providing department;

 

"state housing"

means housing, contemplated in regulation 68(2) of which the State is the owner or tenant;

 

"stationed"

means the transfer and settlement of an educator abroad and includes an educator seconded to another Government or institution abroad, except in the case where a secondment agreement contains specific stipulations regarding medical assistance;

 

"subscription"

means the amount of person must pay monthly in order to obtain membership of a registered medical scheme;

 

"the Act"

means the Educators' Employment Act, 1994;

 

"transfer"

means—

(a) the moving of an employee and his or her household from one headquarters to another in the Republic or in a foreign country;
(b) the temporary or permanent evacuation of an official quarters at the headquarters of an educator in order to occupy other accommodation; and
(c) the evacuation by an educator of accommodation in order to occupy official quarters at his or her headquarters;

 

"year"

means a period of 12 months extending from a day in a year to the day preceding the day corresponding numerically to that day in the following year, both days inclusive.