| (1) |
Any employee of the transferring institution may, subject to sections 151(3), 153 and 197(4) of the Constitution, be transferred within an institution or transferred to another institution in a manner and on such conditions as prescribed. |
| (2) |
An employee may only be transferred— |
| (a) |
where reasonable grounds exist; |
| (b) |
if the employee is suitably qualified, as envisaged in section 20(3) to (5) of the Employment Equity Act, 1998 (Act No. 55 of 1998), for the intended position upon transfer; |
| (c) |
if the employee requests or consents in writing to the transfer; and |
| (d) |
within that institution by the relevant authority, or to another institution with the concurrence of the relevant executive authorities of the transferring and recipient institutions. |
| (3) |
If an employee is transferred within an institution, or from one national or provincial institution to another national or provincial institution the— |
| (a) |
transfer does not interrupt the employee’s continuity of employment; and |
| (b) |
employee may not upon the transfer suffer any reduction in remuneration and conditions of service, unless the employee consents. |
| (a) |
If an employee is transferred between a national or provincial institution and a municipal institution or from one provincial or municipal institution to another provincial or municipal institution, the remuneration and conditions of service of the employee upon the transfer are as agreed between the executive authorities of the transferring and recipient institutions. |
| (b) |
If an employee is transferred in terms of paragraph (a) and unless the employee consents, the remuneration and conditions of service may not be less favourable than those on which the employee was employed immediately before the transfer. |
[Section 5 not yet commenced - refer Proclamation No. 15 of 2019, GG 42337, dated 29 March 2019]
Older Persons Act, 2006
