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Table of Contents
Employment of Educators Act, 1998 (Act No. 76 of 1998)
Notice No. 1245 of 1998
Act
Chapter 1 : Interpretation and Application of Act
1. Definitions
2. Application of Act
3. Employers of educators and other persons
Chapter 2 : Conditions of Service and Educator Establishments
4. Salaries and other conditions of service of educators
5. Educator establishments
Chapter 3 : Appointments, Promotions and Transfers
6. Powers of employers
6A. First appointment or appointment after break in service of educator
6B. Conversion of temporary employment to permanent employment
7. Appointments and filling of posts
8. Transfer of educators
9. Secondment of educators
Chapter 4 : Termination of Services
10. Retirement
11. Discharge of educators
12. Discharge on account of ill-health
13. Discharge of educators appointed on probation
14. Certain educators deemed to be discharged
15. Resignations
Chapter 5 : Incapacity and Misconduct
16. Incapable educators
17. Serious misconduct
18. Misconduct
19. [Deleted] Charge of misconduct
20. [Deleted] Suspension of educators
21. [Deleted] Inquiry by disciplinary tribunal
22. [Deleted] Procedure at inquiry
23. [Deleted] Finding of disciplinary tribunal
24. [Deleted] Steps after inquiry
25. Appeals
26. Furnishing South African Council for Educators with records
Chapter 6 : [Repealed] South African Council for Educators
27. [Repealed] Establishment
28. [Repealed] Functions and powers of South African Council for Educators
29. [Repealed] Registration with South African Council for Educators
30. [Repealed] Composition, administration and functioning of South African Council for Educators
31. [Repealed] Funds of South African Council for Educators
32. [Repealed] Annual report
Chapter 7 : General
33. Performance of other work by educators
34. Offences and Penalties
35. Regulations
36. Assignment of functions
37. Repeal of Act promulgated under Proclamation 138 of 1994, and savings
38. Transitional arrangements in respect of certain colleges
38A. Transitional arrangements in respect of disciplinary proceedings
39. Short title
Schedules
Schedule 1
Schedule 2
Form A : Written Warning
Form B : Final Written Warning
Form C : Notice of Disciplinary Meeting
Form D : Summons to Appear at Disciplinary Hearing
Form E : Notice of Appeal
Regulations
Regulations regarding the Staffing of Rationalised Educational Institutions
Notice No. R. 1742 of 1995
1. Interpretations
2. Objectives
3. Principles for dealing with serving Educators and the Staffing of the Rationalised Educational Institutions
4. Process to be followed in the Rationalisation of Posts in each category of Educational Institutions
5. Process to be followed in the Implementation of a revised Post Provisioning Scale at an Educational Institution which has the effect that Educators are in excess of the Establishment
6. Measures and Procedures which shall apply in respect of Educators who are in excess of approved Establishment
Regulations regarding the Terms and Conditions of Employment of Education
Notice No. R. 1743 of 1995
Chapter 1 : Application of Regulations
1. Definitions
Chapter 2 : General Conditions of Service and Salaries : Appointment, Promotion, Transfer and Termination of Service
Appointment, Promotion, Transfer and Termination of Service
2. Qualifications for appointment and promotion of educators
3. Appointment on probation
4. Reappointment of Educators who have retired or who have been retired on pension prematurely
5. [Repealed]
6. Date on which salary commences and terminates
7. Remuneration during school holiday
8. Salary increments
9. Salary incremental date
10. Classification into qualification categories
11. Experience
12. Achievement recognition
13. Wrongly granted remuneration
14. Unauthorised remuneration
15. [Repealed]
16. Discharge of an educator on account of the abolition of his or her post or a reduction reorganisation or re-adjustment
Remunerative Payments Over and Above Salaries
17. Differentiated allowances
18. [Repealed]
19. Allowance to educators who perform supervisory duties at hostels
20. Compensation for examination-related work
21. Exemption from payment for instruction by educational institutions
22. Department-specific awards
23. Official duty
24. Attendance registers
25. Official channels of communication
26. Replying to questions
27. Lawful Instructions
28. Residential addresses and telephone numbers
29. Full-time study courses
30. Proof of marriage or change of marital status
31. Reports on educators and adverse remarks
32. Management bodies on which educators serve
33. [Repealed]
Chapter 3 : Leave of Absence
34. [Repealed]
35. [Repealed]
36. [Repealed]
37. [Repealed]
38. [Repealed]
39. [Repealed]
40. [Repealed]
41. [Repealed]
42. [Repealed]
43. [Repealed]
44. [Repealed]
45. [Repealed]
46. [Repealed]
47. [Repealed]
48. [Repealed]
49. [Repealed]
50. [Repealed]
51. [Repealed]
52. [Repealed]
53. [Repealed]
54. [Repealed]
55. [Repealed]
56. [Repealed]
57. [Repealed]
58. [Repealed]
59. [Repealed]
60. [Repealed]
61. [Repealed]
62. [Repealed]
63. [Repealed]
Chapter 4 : Medical Assistance, State Housing, Subsistence Allowance, Official Journeys and Transport, House Owner Allowance, Service Bonus, Long Service Recognition and Resettlement Expenditure
64. Employer contribution
65. Medical assistance to educators who are stationed abroad or who are on official visits abroad
66. Procedure for the submission, chanelling and processing of claims abroad
67. Medical assistance to educators at retirement or termination of service
68. State housing
69. Other housing
70. Accommodation expenditure
71. Official journeys and transport
72. Transport between residence and place of duty
73. Home Owner Allowance Scheme: Application and limits of scheme
74. Calculation of home owners allowance
75. Recognised loan amount
76. Employment of the proceeds from the sale of a previously subsidised dwelling
77. Date with effect from which the home owners allowance is paid
78. Home owners allowance payment period
79. Recognition of further or increased registered mortgages
80. Recognition of advances and reinstitution of existing registered mortgages
81. Allowance payment during official duty away from headquarters
82. Allowance payment on transfer to a foreign country or from one headquarter to another in the Republic
83. Allowance payment on transfer to or appointment in education
84. Effect of leave of absence on allowances
85. Responsibility of participants in scheme
86. Over and underpayments of allowances
87. General measures concerning the payment of a home owner allowance
88. Service bonus
89. Long service recognition
90. Resettlement expenditure
91. Repeal of regulations and savings
Annexure A
Regulations for the Creation of Educators Posts in a Provincial Department of Education and the Distribution of such Posts to the Educational Institutions of such a Department
Notice No. R. 1676 of 1998
1. Determination of Educator Post Establishment of Provincial Department of Education by Member of Executive Council Concerned
2. Determination of the educator post establishments of schools by a Head of a Provincial Department of Education
Annexure 1 : Post Distribution Model for the Allocation of Educator Posts to Schools
Principles on which the Model is Based
Factors that are being taken into account in determining the Post provisioning needs of Schools and Learners
Weighting Norms
Distribution Formula
Phasing in of the Model
Communication of New Post Establishments with Schools
Role of the National Department of Education (DOE)
Transitional Arrangement
The South African Council for Educators Regulations
Notice No. R. 1293 of 1999
1. Definitions
2. Composition of the South African Council for Educators
3. Term of office of co-chairpersons and members
4. Vacation of office by members
5. Filling of vacancies
6. Executive committee of the South African Council for Educators
7. Committees of the South African Council for Educators
8. Meetings of the South African Council for Educators and committees
Short title and commencement
Notices
Terms and Conditions of Employment of Educators determined in terms of Section 4 of the Employment of Educators Act, 1998
Notice No. 331 of 2021
Prevention of re-employment of former Educators discharged or deemed discharged for misconduct or deemed resigned
1. Scope of Plicability
2. Definitions
3. Purpose
4. Period of prevention of the re-employment of former Employees discharged for misconduct or deemed discharged or deemed resigned
The Role of the prospective Employing Department for re-employment or former Educators discharged or deemed discharged for misconduct or deemed resigned
5. Application for re-employment
6. Table
Improvement in Conditions of Service: Annual Cost-of-Living Adjustment for Educators Employed in terms of the Act, with effect from 1 April 2021
Notice No. 1600 of 2021
Schedules
Schedule 1
Schedule 2
Improvement in Conditions of Service: Annual Cost-of-Living Adjustment for Educators Employed in terms of the Act, with effect from 1 April 2022
Notice No. 2952 of 2023
Schedules
Schedule 1
Schedule 2
Schedule 3
Improvement in Conditions of Service : Annual Cost-of-Living Adjustment for Educators Employed in terms of the Act, with effect from 1 April 2023
Notice No. 4995 of 2024
Schedules
Schedule 1
Schedule 2
"regulation"
means a regulation made under
section 35
;
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