Employment of Educators Act, 1998 (Act No. 76 of 1998) Regulations Regulations regarding the Terms and Conditions of Employment of Education Chapter 1 : Application of Regulations 1. Definitions

 

In these Regulations a word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned to it and, unless the context otherwise indicates—

 

"abroad"

means any country outside the borders of the Republic of South Africa;

 

"apposite training"

means training recognised by the Minister;

 

"approved qualification"

means a degree, a diploma, a certificate or another qualification recognised by the Minister as a qualification for appointment as an educator;

 

"calendar month"

means a period ranging from the first day up to and including the last day of any of the 12 months of a year;

 

"calendar year"

means a period ranging from the first day of January of a year up to the last day of December of the same year;

 

"cycle"

in relation to sick leave, means a period of three years calculated from 1 January 1980 and each succeeding period of three years: Provided that, in the case of an educator appointed after 1 January 1980 whose date of appointment does not coincide with the commencement date of a cycle, the period of his or her service from the date of his or her appointment to the date of commencement of the following cycle shall for the purpose of these regulations be regarded as a full cycle;

 

"day of rest"

means a Saturday, a Sunday or a public holiday;

 

"employer contribution"

means the monthly amount referred to in regulation 64;

 

"employing department"

means a department as defined in section 1(1) of the Public Service Act, 1994, in which the educator concerned is employed;

 

"head of education"

and had commenced his or her studies at such an institution at the commencement of the academic year following the completion of his or her schooling or military service; and

whichever of the said four events occurs first; and

and if the relative concerned is a social pensioner, then any allowances other than those mentioned in subparagraphs (ii) and (iii) above, which he or she may receive in terms of the relevant regulations referred to above, e.g. an attendant's allowance, should be ignored for the purposes of this paragraph: Provided that where two relatives so reside with him or her and are dependent on him or her and where the one relative would normally have been a dependent of the other relative, for instance a father and a mother, both such relatives may be regarded as members of his or her household only if half of their joint income, from any source, does not exceed the sum of the maximum basic social pension in question and the allowances contemplated in subparagraphs (i) to (iii) above; and

 

"married housing"

means state housing designated for an educator with a household that normally lives with him or her;

 

"maximum rand amount"

means an amount equal to 4/6 of the maximum membership fee as determined by the Minister for subsidy purposes;

 

"medical scheme"

means a medical scheme which is registered in terms of an Act that governs the business of medical schemes;

 

"member contribution"

means an amount equal to the subscription minus the monthly employer contribution;

 

"membership fee"

means the full membership fee levied by a medical scheme;

 

"month"

means a period extending from a day in a month up to the day preceding the day corresponding numerically to that day in the following month, both days inclusive;

 

"office"

means a state educational institution excluding a school;

 

"providing department"

means the department in the province concerned responsible for the buying or erection of state housing and other related matters;

 

"province"

means any one of the nine provinces established under section 124 of the Constitution of the Republic of South Africa, 1993;

 

"recognisable experience"

means experience recognised in terms of regulation 11;

 

"salary increment"

means the difference between the notch on the key salary scale applicable to an educator and the following higher notch on the same key salary scale;

 

"salary incremental date"

means the date referred to in regulation 9;

 

"salary incremental period"

means a period of 12 months or any other period approved by the Minister which must elapse before an educator's salary may be increased in accordance with the salary scale applicable to him;

 

"school"

means any educational institution or that part of such an institution at which education and training, including pre-primary education, is provided and which is maintained, managed and controlled or subsidised by a provincial education department, excluding a university and technikon;

 

"school day"

means a day in a school term on which tuition is scheduled to take place at a school, to pupils enrolled at such school;

 

"school holiday"

means a period between any two consecutive school terms during which tuition is suspended;

 

"school term"

means any one of the periods into which a particular school year is divided for tuition purposes and fixed as such by the head of education for a particular school;

 

"service"

means, for purposes of regulation 67, service with an employer under the Act, as well as service in a department of State in terms of an Act other than the Act including service in an institution established or being established by an Act of Parliament and which obtains or has obtained its funds in whole or in part from the State Revenue Fund;

 

"single housing"

means state housing designated for an educator who does not have a household that normally lives with him or her;

 

"standard, non-standard and voetstoots housing"

means housing as determined by the providing department;

 

"state housing"

means housing, contemplated in regulation 68(2) of which the State is the owner or tenant;

 

"stationed"

means the transfer and settlement of an educator abroad and includes an educator seconded to another Government or institution abroad, except in the case where a secondment agreement contains specific stipulations regarding medical assistance;

 

"subscription"

means the amount of person must pay monthly in order to obtain membership of a registered medical scheme;

 

"the Act"

means the Educators' Employment Act, 1994;

 

"transfer"

means—

 

"year"

means a period of 12 months extending from a day in a year to the day preceding the day corresponding numerically to that day in the following year, both days inclusive.