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Skills Development Act, 1998 (Act No. 97 of 1998)

Notices

Notice of Abolition of Industry Training Boards established under sections 12A and 12B of the Manpower Training Act, 1981

Guidelines regarding the Abolition of Industry Training Boards established in terms of section 12A and 12B of the Manpower Training Act, 1981

8. Transfer, retrenchment and remuneration of staff

 

1) Every person employed by a training board on the fixed date and who on that date would have been in the service of the training board but for the publication of these guidelines and who has not been offered a permanent position in a designated SETA shall with effect from the fixed date be placed in the service of the designated SETA in a supernumerary capacity until 30 September 2000 unless:
a) Offered a position with the designated SETA or another SETA; or
b) Retrenchment is agreed before this date.

 

2) The provisions of any contract of service and the condition of service applying to any person referred to in sub item (1) on the fixed date and which would have applied to him or her on the fixed date but for the publication of these guidelines, shall without change, subject to sub item (3), continue to apply to him or her until he or she is transferred and employed or retrenched in terms of the Labour Relations Act, 1995 (Act 66 of 1995).

 

3) The conditions of service referred to in sub item 8(2) may, after the fixed date be amended by the designated SETA or another SETA after consultation with such person; provided that any such amendment shall not, result in less favourable conditions of service for the person concerned than those that applied to him or her prior to the fixed date.

 

4) The provisions of these guidelines, and of the Labour Relations Act, 1995 (Act 66 of 1995), shall continue to apply to a person referred to in subsection (1) save in so far as the negotiation and determination of his or her remuneration in respect of his or her employment are concerned.

 

5) Vacation leave standing to the credit of any person with the training board shall stand to his or her credit in the SETA.

 

6) Pensionable service performed by any person in the service of the training board and pensionable service recognized by the training board shall continue to exist as if the training board is not abolished;

 

7) A person shall not as a consequence of such transfer and appointment acquire a retirement age which is less favourable than that which applied to him to or her in the service of the training board;

 

8) Any person shall, within six months after his or her transfer to and appointment by the SETA concerned, be given a non-recurrent choice either to remain a member of the pension fund of which he or she was a member while in the service of the training board or to become a member of the pension fund established by a SETA.

 

9) Any disciplinary steps instituted or being considered against such person in respect of alleged misconduct or improper conduct committed before the date of his or her transfer and appointment shall be dealt with as if such person was an employee of the SETA at the time when the misconduct or improper conduct was committed.