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National Small Business Act, 1996 (Act No. 102 of 1996)

Chapter 3: Small Enterprise Development Agency

17B. Transitional provisions in respect of transfer of staff

 

1) A person who is employed by Ntsika or the Trust immediately before the commencement of this Act must be transferred to the Agency in accordance with the Labour Relations Act, 1995 (Act No. 66 of 1995), and any applicable collective bargaining agreement with organised labour.

 

2) The remuneration and other terms and conditions of service of a person transferred in terms of subsection (1) may not be less favourable than the remuneration, terms and conditions applicable to that person immediately before his or her transfer and he or she remains entitled to all rights, benefits, including pension benefits, and privileges to which he or she was entitled immediately before such transfer.

 

3) A person transferred to the Agency in terms of subsection (1) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before his or her transfer to the extent that they remain applicable.

 

4) Any proceedings against such person which were pending immediately before his or her transfer must be disposed of as if that person had not been transferred.

 

5) For the purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), no change of employer must be regarded as having taken place when a person contemplated in subsection (1) takes up employment at the Agency.