Employment of Educators Act, 1998 (Act No. 76 of 1998)Chapter 1 : Interpretation and Application of Act3. Employers of educators and other persons |
| (1) | Save as is otherwise provided in this section— |
| (a) | the Director-General shall be the employer of educators in the service of the Department of Basic Education in posts on the educator establishment of the said Department of Basic Education in posts on the educator establishment of the said Department for all purposes of employment; and |
| (b) | the Head of Department shall be the employer of educators in the service of the provincial Department of Basic Education in posts on the educator establishment of that department for all purposes of employment. |
| (2) | For the purposes of determining the salaries and other conditions of service of educators, the Minister shall be the employer of all educators. |
| (3) | For the purposes of creating posts— |
| (a) | on the educator establishment of the Department of Basic Education, the Minister shall be the employer of educators in the service of the said Department; and |
| (b) | on the educator establishment of a provincial Department of Basic Education, the Member of the Executive Council shall be the employer of educators in the service of that department. |
| (4) | A public school shall be the employer of persons in the service of the said school as contemplated in section 20(4) or (5) of the South African Schools Act, 1996 (Act No. 84 of 1996). |
| (5) | [Subsection (5) deleted by section 58(3) of Act No. 16 of 2006] |