| 1. |
The measures contained in this circular are applicable only to educators who are appointed in a temporary capacity in substantive posts which do not have permanent incumbents and which must be filled on a permanent basis by way of advertisement or redeployment in terms of the measures in the applicable collective agreements/resolutions of the Education Labour Relations Council (ELRC) and/or the Personnel Administration Measures (PAM). |
| 2. |
Educators appointed as substitutes, i.e. those educators appointed for a closed period in the place of educators who are absent or those acting in a higher post, are therefore excluded from these measures. |
| 3. |
The following revised conditions for appointment and service benefits of educators appointed in a temporary capacity in substantive posts (post level 1 posts) are effective from 1 April 2004, except where explicitly indicated otherwise. |
| 4.1 |
|
The leave measures contained in Chapter F of the PAM will apply, with the proviso that normal sick leave will be granted on a pro rata basis. This means that normal sick leave will be granted in proportion to the period of appointment, for example if the educator is appointed for a period of one year, he or she will qualify for 12 days of the prescribed 36 days of the normal sick leave cycle. The new sick leave cycle will start on 1 January 2004. |
| 4.2 |
|
Although the leave measures are effective from 1 April 2004, the granting of normal sick leave to qualifying educators (pro rata portion of 12 days) will be effective from 1 January 2004 (and not from April 2004). |
| 4.3 |
|
In terms of the leave measures, institution-based educators are regarded as being on annual leave during periods when institutions are closed outside scheduled working time (school holidays). |
| 5.1 |
|
A service bonus will be payable from 1 January 2004 in terms of the existing prescriptions applicable to the payment of such bonus (and as applicable to permanently appointed educators). |
| 5.2 |
|
Such a service bonus is not payable with retrospective effect and services rendered before 1 January 2004 will not be taken into account for this purpose. For example, if an educator were appointed for the year 2003 and is appointed again (which is a new appointment/contract), then only service rendered from 1 January 2004 will be taken into account for the payment of the service bonus. This means that a pro rata service bonus for 2004 will be payable to such educator if he or she meets all the requirements for the payment of the bonus. |
| 5.3 |
|
One of the requirements for the payment of the service bonus is that the employee must be in service on the pay date of his or her bonus (the month in which his or her birthday falls). |
| 6. |
MEDICAL AID Medical Aid will be payable in terms of the existing prescriptions applicable to the payment of such medical aid (and as applicable to permanently appointed educators), on condition that proof of admission to a medical aid scheme is submitted. |
| 7.1 |
|
This measure, which will be implemented on 1 January 2004, is only applicable to an educator appointed to a vacant substantive post for a period of one calendar year (which is a new appointment) and who is, without a break in service, appointed to the same post at the same institution for a further period of one year (separate second new appointment). The first year will therefore serve as the qualifying period of service for admission to the pension fund. |
| 7.2 |
|
Educators who are appointed as indicated in par. 7.1 will be admitted to the pension fund upon request after completing the qualifying period of one calendar year of service with effect from the first day of the second new appointment (after completion of the qualifying period of one year), e.g. if an educator is appointed for the year 2004 and is then appointed to the same post at the same institution for the year 2005, then such educator, at his or her request, will be admitted to the pension fund with effect from 1 January 2005. |
| 8. |
HOME OWNERS' ALLOWANCE |
| 8.1 |
|
Home Owners' Allowance will be payable in terms of the existing prescriptions applicable to the payment of such allowance (and as applicable to permanently appointed educators). |
| 8.2 |
|
One of the requirements of membership of the home owners' allowance scheme is that the educator concerned must be a member of the pension fund. (Refer to paragraph 7 above.) |
| 8.3 |
|
As this measure will be effective from 1 April 2004, an educator who satisfies the requirements for the payment of a home owners' allowance, will qualify for the payment of such an allowance from 1 April 2005. |
| 9. |
CONDITIONS OF APPOINTMENT |
| 9.1 |
|
Appointment in a temporary capacity |
| 9.1.1 |
|
It has been decided to do away with the policy according to which appointments for closed periods to vacant substantive posts may only be made for a maximum period of six months. |
| 9.1.2 |
|
Educators who satisfy the prescribed requirements for appointment as contained in the PAM, and who are appointed to vacant substantive posts (post level 1) may be appointed in a temporary capacity for twelve calendar months which will not go beyond 31 December of the year concerned. |
| 9.1.3 |
|
Where conditions necessitate, for example, while the approval of a permanent appointment to a post advertised in a vacancy list is being awaited, a principal may request that an educator be appointed temporarily for a period of shorter than 12 months. |
| 9.2 |
|
Vacancy list Only one vacancy list for post level I posts will be published on an annual basis and the posts will be filled with effect from 1 January of the subsequent year. (Promotion posts will, however, be advertised at regular intervals during the course of the year.) |
| 10. |
The Xhosa version of this circular will follow at a later stage. |
SIGNED: J.H. HURTER
HEAD: EDUCATION
DATE: 2003:12:02
|