Employment of Educators Act, 1998 (Act No. 76 of 1998)

Regulations

Regulations regarding the Terms and Conditions of Employment of Education

Chapter 2 : General Conditions of Service and Salaries

Appointment, Promotion, Transfer and Termination of Service

6. Date on which salary commences and terminates
Purchase cart Previous page Return to chapter overview Next page

 

(1) Subject to the provisions of subregulations (2), (3), (4), (5), (6), (7) and (8) an educator shall be paid a salary with effect from the date on which he or she assumes duty up to and including the date on which his or her service terminates.

 

(2) An educator who renders service at an office from the first working day up to and including the last working day of a month shall be paid a salary with effect from the first day of the month in question up to and including the last day of such month.

 

(3) Subject to the provisions of subregulations (4) and (5) an educator employed at a school who is appointed during any school term and who renders service for a continuous period of at least 30 days during such school term shall be paid a salary—
(a) if such service begins on the first working day of the school term, from the first day of the month in which he or she assumes duty up to and including the last day he or she is so in service; or
(b) if such service terminates on the last working day of the school term, from the day such service begins up to and including the last day of the month concerned; or
(c) if such service does not begin on the first working day of the school term and also does not terminate on the last working day of the school term, from the day such service begins up to and including the last day he or she is so in service.

 

(4) If a school terms commences within the same month in which the preceding school terms ends, salary shall be paid under the circumstances referred to in subregulation (3)(a)—
(a) with effect from the first day following the closing date of the preceding school terms; or
(b) with effect from the day following the date on which the services of the educator concerned terminated under any other education department if he or she so served as an educator at a school for a continuous period of at least 30 days, including the last working day of the preceding school terms.

 

(5) If a school terms ends within the same month in which the following school term commences, salary shall, under the circumstances referred to in subregulation (3)(b), be paid up to and including the last working day of the school term in which the service of the educator concerned terminates at a school.

 

(6) An educator employed at a school who is appointed during any school term and who renders service for a period of less than 30 days during such school term shall be paid a salary from the day on which such service begins up to and including the last day the educator is so in service, irrespective of whether such service begins on the first working day of the school terms or terminates on the last working day of the school term: Provided that, if he or she renders service up to and including the last working day of the said school term and renders service as from the first working day of the following school term for a continuous period of at least 30 days, he or she shall be paid a salary for the intervening holiday period.

 

(7) An educator employed at a school who is appointed during any school term and who renders service for a continuous period of at least 30 days, if such service terminates on the last working day of the last school term of the year concerned, shall be paid a salary up to and including the last day of such year.

 

(8) An educator whose resignation takes effect during any school holiday or on the first school day for educators following upon such school holiday, shall, in the application of this regulation be deemed to have terminated his or her service on the last day of the calendar month in which the previous school term ended.

 

(9) An educator whose services terminate on any date by reason of his or her having reached the retiring age as determined in regulation 15, shall receive salary up to and including the day preceding such date, unless the services of such educator are retained beyond such date, in which event he shall receive salary up to and including the last day on which he remains in service, subject to the provisions of regulation 6.

 

(10) Notwithstanding the provisions of subregulation (3)(a) a person who has been appointed as an educator at a school in a permanent capacity and who, immediately after the completion of his or her course of training or instruction as an educator is called up for his or her initial period of compulsory military service and is therefore unable to assume duty on the first working day of a school term and to whom leave could have been granted in terms of regulation 49(1) had he or she already assumed duty, shall be paid a salary as if he or she had assumed duty on the first working day of the school term.