CIRCULAR: 0012/2001
EXPIRY DATE: NONE
TO: ALL CHIEF DIRECTORS, DIRECTORS, AREA AND CIRCUIT MANAGERS, SUBJECT ADVISERS, HEADS OF EDUCATIONAL INSTITUTIONS

SUBJECT: IMPROVEMENT OF SERVICE CONDITIONS OF EMPLOYEES IN THE FINANCIAL YEAR 2000/2001

  1. Attached are copies of Resolution 7/2000 (signed 28 September 2000) an Conciliation Agreement (signed 16 October 2000) of the Public Service Coordinating Bargaining Council for the information of all WCED employees. This documentation is available only in English.

  2. All aspects regarding the implications and implementation of the resolution and the reconciliation agreement have not yet been resolved. Clarity on these issues will be provided in due course.

  3. At this stage the following explanations can be provided:

    • ANNUAL LEAVE (PAR. 7.1)
      The leave cycle is still to be determined.

    • ANNUAL LEAVE ACCRUALS AND LEAVE PAYOUTS (PAR. 7.2)
      Leave accrues monthly as in the past.

      The cash value of accrued leave applies only to leave accrued from the date of implementation of the resolution, namely 1 July 2000. "Termination of service" includes ALL reasons for termination of service.

    • PAYOUT OF LEAVE ACCRUED BEFORE 1 JULY 2000 (PAR. 7.3)
      The payment of leave credit as on 30 June 2000 applies only in the case of the reasons for termination of service as indicated in the resolution, namely:

      • decease
      • retirement on pension
      • discharge on account of continuous poor health

      The foregoing implies that the prescript/principle according to which leave credit is not paid out at resignation will be retained in respect of leave credit as on 30 Jun 2000.

      The method for calculating the (cash) value of leave is still to be determined.

      The way in which the WCED audits leave credit for leave gratuity payments a present is in agreement with the new prescriptions. In a case where leave record cannot be traced and leave credit has to be determined, the Resolution will apply is so far as the unaudited leave is concerned.

      Further clarity will be given when leave is classified as part of the accrued leave as on 30 June 2000 or as part of the new accrued leave in terms of Resolution 7/2000.

    • NORMAL SICK LEAVE (PAR. 7.4)
      The sick leave cycle is still to be determined. At this stage it cannot be accepted without further ado that the cycle will start on 1 July 2000.

      The medical certificate for absence owing to illness for three consecutive days applies in the case of three consecutive WORKING DAYS, i.e. weekends an public holidays do not form part of the three consecutive days.

    • MATERNITY LEAVE (PAR. 7.7.1)
      This measure is effective from 1 July 2000, i.e. maternity leave starting on or after 1 July 2000, will be granted in terms of Resolution 7/2000.

      The maternity leave of four months starts on the day on which the leave commences and ends four months later. The four months are therefore four months, as in 15/2/2001 to 14/6/2001, for example.

      The number of times that maternity leave of four months may be granted to an employee is not limited.

      Maternity leave which took effect prior to 1 July 2000 and which was approved according to the pre-revised dispensation is in no way affected by the new accouchement leave dispensation. For example, an employee's application for maternity leave for the period 1 May to 31 August 2000 for her third child has been approved without pay as she has already been granted two maternity leave period,, with full pay totalling 84 days. This leave is not being revised as from 1 July 2000 (in terms of Resolution 7). The leave initially approved, i.e. without pay, will still apply.

      In terms of the resolution, an employee may be granted leave as follows in case of a miscarriage, depending, of course, on her condition.

      1/8/2000 to 31/8/2000: accouchement leave (par. 7.7.1 (a))
      1/9/2000: paid leave in respect of the miscarriage (par. 7.7.1 (c))
      16/10/2000 to ... : sick leave (par. 7.7.1 (c)(ii))

    • FAMILY RESPONSIBILITY LEAVE (PARAGRAPH 7.7.3)
      The number of leave days (three or five) referred to here are not per occasion, but are THREE/FIVE DAYS FOR THE ENTIRE LEAVE CYCLE. The employee will, however, not be stopped from taking the total number of days on the first occasion.

      The definitions of "LIFE PARTNER" and "IMMEDIATE FAMILY MEMBERS" are still to be clarified.

    • UNPAID LEAVE (PAR. 7.10)
      At this stage it is only possible to indicate that leave may be considered on merit.

    • PAY PROGRESSION (PAR. 8)
      The amount of R850.00 is payable to educators who are serving on 1 July 2000 as a once-off non-pensionable bonus.

    • PAYMENT OF BIRTHDAY BONUS (PAR. 10)
      The manner in which payment of the bonus will be phased in over the next three years is currently being negotiated with the National Treasury. Further details in this regard are therefore being awaited.

    • PAYMENT OF 13 TH CHEQUE TO EMPLOYEES (PAR. 11)
      The 7% contribution to the stabilisation fund is being abolished. In other words, an employee no longer receives 93% of his or her bonus, but the full 100%.

As should be evident, many aspects with regard to Resolution 7/2000 still have to be resolved and further details will be provided as soon as clarity has been reached on these aspects.

This circular applies to all employees, unless it is specifically indicated that a stipulation is applicable only to a specific career category (educators or public service personnel).

For the sake of clarity, it is emphasized that negotiations will take place in the Education Labour Relations Council in respect of educators, in the Public Service Bargaining Chamber in respect of public service officials and in the Public Service Coordinating Bargaining Council in respect of matters affecting both educators and public service officials.

Your co-operation will be appreciated.



HEAD: EDUCATION
DATE: 2000-12-01

Go to http://www.dpsa.gov.za/docs/pscbc/2000/07.PDF for a copy of Resolution 7 of 2000.
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