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Military Ombud Act, 2012 (Act No. 4 of 2012)

Notices

Remuneration and Other Terms and Conditions of Service for the Staff of the Military Ombud

Part 3 : Remuneration

 

7. In determining the salaries of employees the Military Ombud shall utilise the Equate system and the senior management service salary grading system utilised for the Public Service. Salary grading will thus be levels 1 to 10 as normal packages with add-on benefits depending on whether or not an employee meets the requirements of qualifying criteria, levels 11 to 12 with all-inclusive guaranteed remuneration packages and the senior managers on levels 13 to 16 with all-inclusive guaranteed remuneration packages.

 

8. The Ombud shall as far as possible set the salary of all employees on the same standard as or equal to, but never less than that determined for the public service.

 

9. The Ombud shall provide all employees with an annual cost of living adjustment which will be equal to but not more than the annual cost of living adjustment determined annually for the Public Service.

 

10. The Ombud shall, as far as possible, set the salary of a part-time, contract or temporary employee proportional to the salary of an equally graded full-time employee.

 

11. Remuneration by the Ombud shall aim, within financial constraints, to support:
(a) The provision of appropriate incentives for employees.
(b) Equal pay for equivalent or work of equal value.
(c) Other relevant labour standards, including benchmarking.

 

Employees on Cost to Employer All-inclusive remunerations packages

 

12. Benefits, if any, as determined by the employee, are part of the employee's total package, and may include:
(a) Medical Aid Contribution;
(b) Pension fund contributions;
(c) 13th Cheque;
(d) Motor Vehicle Allowance.

 

13. Determination of Monthly Salary:
(a) The monthly salary shall be the Total Cost to Employer divided by 12.
(b) Where an employee has elected to make provision for annual bonus (13th cheque), payable in his/her month of choice, the annual salary notch will be divided by 12. A pro rata bonus will be paid to employees who did not complete a full 12 months before their month of choice.
(c) Employees must factor in all tax implications, including provisional tax, in their structuring of their packages.

 

Employees on cost to Employer Potential Packages with Add-on Benefits

 

14. Employees who are on normal annual notch salary packages receive an annual birthday bonus in the month of their birthday. Benefits such as Pension Fund is compulsory and Medical Scheme Contributions is a matter between the employee and the service provider, although a contribution as a subsidy in line with similar and equal organisations as well as with market trends, may be payable by the employer. A pro rata bonus will be paid to employees who did not complete a full 12 months before their birthday month.

 

15. A pro rata bonus is payable to employees on termination of service before their birthday, as well as in all cases of termination of service resulting from death, retirement or ill health. This bonus is calculated on the salary of the employee at the date of termination of service.

 

Annual Performance Bonus

 

16. The amount of the performance bonus, if any, payable to staff members shall be based on performance in terms of the performance management and development system and policy as approved by the Ombud.

 

Annual Pay Progression

 

17. Employees may qualify for an annual pay progression based on satisfactory performance and the performance management and development system utilised by the Office.

 

Overpayment/Recovery

 

18. The employer, subject to the Basic Conditions of Employment Act 75 of 1997 chapter 4, section 34, reserves the right to recover any overpayment and/or any amounts owed to the employer by the employee from the employee's salary and/or any other cash benefits that may accrue to the employer.

 

Authorised Deductions

 

19. Mandatory Deductions: PAYE (Pay as You Earn) as governed by the South African Revenue Service (SARS) will be deducted monthly from the Total Cost to Company according to applicable tax legislation, rules and regulations.

 

20. The employer will, depending on the circumstances, make deductions from an employee's salary in conformity with legal requirements and provisions of prescribed funds, as well as other approved deductions. The employer reserves the right to refuse to make deductions.

 

21. Remunerative Allowances: These are standard allowances payable to employees over-and-above their salaries within the prescripts of the relevant policy.

 

Overtime Compensation

 

22. According to the Basic Conditions of Employment Act (BCEA) No. 75 of 1997, employees may not work overtime except in accordance with an agreement between the employer and employee.

 

23. An agreement to work overtime may be reached with any employee where the circumstances so require.

 

24. Compensation for overtime work will be in the form of time-off as prescribed in the Basic Conditions of Employment Act.

 

25. In exceptional circumstances overtime will be paid as approved by the Ombud and within the allocated budget. Senior Management is excluded from any overtime compensation.

 

Allocation of Cell Phones and Cell Phone Allowance

 

26. Employees appointed in specific executive positions are entitled to receive an official cellular phone due to the nature of the inherent job requirements.

 

27. Any other employee appointed in a post in the permanent establishment where the nature of the inherent job requirement determines so should apply in writing. This application should be recommended by the section head for necessity and the finance manager must confirm availability of funds prior to approval by the Ombud or delegated official.

 

28. The amount for a cellular phone allowance will be determined by the Ombud annually taking into account current trends within the public service.

 

Housing Allowance

 

29. Any employee appointed on the permanent establishment may participate in the Office's housing allowance scheme, subject to compliance with the qualifying conditions at the date of application for participation and during the full period of such participation. Employees on cost to company packages are excluded from this allowance as it forms part of the total cost to company. Temporary employees in voluntary internship programmes are excluded from receiving housing allowance.

 

30. The amount payable will be determined by the Ombud annually taking into account current trends within the Public Service.

 

Acting Allowance

 

31. Employees may act in a funded higher-grade post, and must perform only the duties of that post. The employee may only act in the post for 3 (three) consecutive months with rotation. In exceptional circumstances, an employee may act for a period longer than 3 consecutive months, on approval by the Ombud.

 

32. Whenever the Ombud is absent from work or unable to perform the duties of office, section 6 (13) of the Act will be applicable. In the absence of the Deputy Ombud, a Chief Director designated by the Ombud for that purpose, will act in her/his stead.

 

33. Although an employee may act in a funded vacant post every effort should be made to advertise and fill the post within a period not exceeding 6 (six) months from date the post was vacated.

 

34. Acting allowance will be paid as the difference between the cost to company package of the post (being the bottom notch package) and that of the employee (also on a cost to company package) appointed in writing with a formal job description/performance agreement signed by the appointee and the Ombud. Where the employee identified to be acting is on an annual notch and the post is on cost to company the allowance will be calculated on the difference of the minimum notch (basic salary) of the post and the notch of the acting employee.