Employment of Educators Act, 1998 (Act No. 76 of 1998)RegulationsRegulations regarding the Staffing of Rationalised Educational Institutions4. Process to be followed in the Rationalisation of Posts in each category of Educational Institutions |
| 4.1 | The process to be followed must be under-taken in accordance with section 237 of the Constitution of the RSA and is as follows: |
| (a) | Posts, equivalent to the existing establishments of the institutions in the relinquishing education departments, must be created by the MEC in the provincial education department. |
| (b) | All educators must be transferred from the existing posts in the relinquishing education departments to the concomitant newly created posts in the provincial education departments. |
| (c) | The posts in the relinquishing departments must be abolished. |
| (d) | A national agreement must be reached annually in the Education Labour Relations Council on a guideline for learner: educator ratios to be phased in by the provincial education departments over a maximum period of five years effective from 1 April 1995. These ratios should be determined for each category of institution. |
| (e) | A national agreement must be reached in the Education Labour Relations Council on a rationalised grading system for educational institutions subject to renegotiation as required by the parties to the Council. |
| (f) | Each MEC must negotiate with the relevant employee members of the Education Labour Relations Council post provisioning scales for each category of institution which shall apply during each step of the phasing in process. These post provisioning scales must be determined with a view to reaching the agreed upon guideline for learner: educator ratios referred to in subregulation 4.1(d). In provinces where a provincial chamber of the Education Labour Relations Council has not yet been established, negotiations will be conducted in the Bargaining Committee of the Council which will be reconstituted in such a manner that it represents the parties of the Council in the specific province. |
| (g) | The MEC and his/her head of department, after consultation with the relevant employee members of the Education Labour Relations Council, are required to ensure that a macro plan as well as a short term annual plan are developed per province/region/district/area in order to implement the post provisioning scales mentioned in subregulation 4.1(f); provided that the criteria for declaring posts as redundant and serving educators as in excess of the establishment, will be negotiated. The plan should also be aimed at reaching equity in the provision of personnel in institutions in rural and urban areas. |
| (h) | In cases where posts are identified as being in excess and these posts are occupied by temporary educators who have served for at least two consecutive school years, these educators who meet the requirements for permanent appointment, will be treated in the same way as permanent educators, including for the purposes of recognition of years of service and seniority. Their period of consecutive service will be regarded as the actual period of service for the purpose of seniority. |