| 1. |
The aim of this circular is to draw employees' attention to the requirements regarding resignation notice periods, as outlined in the Public Service Regulations, the Transversal Policy on Appointments, Promotions and Termination of Service of the Provincial Government of the Western Cape, and the Employment of Educators Act, 1998 (Act 76 of 1998). The adherence to stipulated resignation notice periods is important to allow all administrative processes to be timeously commenced and completed. |
| 2. |
Resignation periods in respect of employees appointed under the Public Service Act, 1994
The Public Service Regulations, 2001, stipulate the following in respect of resignation periods:
| An employee may resign from the public service, and for that purpose, unless otherwise agreed with the executing authority, shall - |
| (a) in the case of any employee paid monthly, give at least one month's written notice of resignation; |
| (b) in the case of any casual employee who has been employed for less than four weeks; give at least one week's notice of resignation or; |
| (c) in the case of any casual employee who has been employed for more than four weeks, give at least two weeks' notice. |
Paragraph 5.2 of the Transversal Policy on Appointments, Promotions and Termination of Service stipulates the following:
| 5.12 Resignation; |
| 5.12.2 An employee may resign from the WCPA at any time, subject to the giving of one calendar month's written notice, and on such conditions as may be applicable in terms of any contractual agreement which may apply at the date of resignation (e.g. bursary obligations). The employer may however in its discretion accept a shorter period of notice in exceptional circumstances; |
| 5.12.4 Once an employee has given notice of her / his resignation, and she / he wishes to withdraw her / his resignation, approval for the reversal of the resignation during the notice period may only be granted with the approval of the appropriate authority. |
With reference to 5.12.4 above and the WCED:
For senior managers (director level or equivalent rank and higher), "appropriate authority" refers to the Head of Education.
For employees below senior management level, "appropriate authority" refers to the director to whom they report.
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| 3. |
Resignation periods in respect of educators appointed under the Employment of Educators Act, 1998
Clause 15 of Chapter 4 of the Employment of Educators Act, 1998 stipulates the following:
| Resignations |
15. (1) An educator may resign by giving 90 days' notice in writing or such shorter notice as the employer may approve at the request of the educator;
(2) If the name of an educator is struck off the register of educators kept by the South African Council for Educators, the educator shall, notwithstanding anything to the contrary contained in this Act, be deemed to have resigned with effect from the day following immediately after the day on which the educator's name was so struck off. |
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| 4. |
It is important that this notice be brought to the attention of all employees of the Western Cape Education Department and for managers to ensure that they comply with the requirements outlined in paragraphs 2 and 3 above. |
SIGNED: PA VINJEVOLD
HEAD: EDUCATION
DATE: 2010:02:23
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