Employment of Educators Act, 1998 (Act No. 76 of 1998)RegulationsRegulations regarding the Terms and Conditions of Employment of EducationChapter 2 : General Conditions of Service and SalariesAppointment, Promotion, Transfer and Termination of Service8. Salary increments |
(1) | Subject to the provisions of subregulation (2), the salary of an educator shall be increased by, one salary increment within the limits of the salary scale applicable to him or her after completion of each salary incremental period and with effect from the first day of his or her incremental month. |
(2) | If the head of the relevant institution or office issues a certificate in which it is declared, on good cause shown, that the conduct of an educator in terms of industry, discipline, punctuality and sobriety has not been uniformly satisfactory during a salary incremental period or that he or she has not performed his or her work uniformly satisfactorily during a salary incremental period, the salary of such an educator shall not be increased in terms of subregulation (1): Provided that the employer may grant approval for the salary of an educator to be increased in terms of subregulation (1) irrespective of whether a certificate referred to in this subregulation has been issued. |
(3) | If the salary of an educator is not increased in terms of subregulation (1) or the proviso to subregulation (2) on account of the issuing of a certificate referred to in subregulation (2), such educator shall be notified by the employer in writing of the reasons therefor and also that on the expiry of a continuous period to be indicated but which shall not exceed a salary incremental period, a salary increment may be granted on condition that a certificate is issued by the head of the relevant institution or office in which it is declared that the conduct and work of the educator referred to in subregulation (2) were satisfactory during such period. |
(4) |
(a) | If the period mentioned in subregulation (3) is shorter than a salary incremental period, one salary increment shall be granted to the educator with effect from the first day of the month following the date on which the period mentioned expires: Provided that such salary increment may be granted only if the head of the relevant institution or office issues a certificate in which it is declared that the conduct and work of the educator referred to in subregulation (2) were satisfactory during such period. |
(b) | If a salary increment has been granted to an educator in terms of paragraph (a), a further salary increment shall be granted to him after the expiry of a salary incremental period reckoned from the date on which his or her salary would have been increased in terms of subregulation (1) had such increment not been withheld in terms of subregulation (2). |
(c) | The salary increment referred to in paragraph (b) may be granted only if the head of the relevant institution or office issues a certificate in which it is declared that the conduct and work of the educator referred to in subregulation (2) continued to be satisfactory from the date of the granting of the salary increment mentioned in subregulation (1) to the date immediately prior to that on which a salary increment may be granted in terms of this paragraph. |
(d) | The provision of paragraphs (b) and (c) shall not apply to an educator if his or her salary is already equal to the maximum notch of the salary scale applicable to him. |
(5) | If an educator is not granted a salary increment in terms of subregulation (4)(a)— |
(a) | such educator shall be notified in writing by the employer of the reasons therefor and also that, on the expiry of a continuous period to be indicated and which shall be equal to the difference between the period mentioned in subregulation (3) and a salary incremental period, a salary increment may be granted on condition that the head of the relevant institution or office issues a certificate in which it is declared that the conduct and work of the educator referred to in subregulation (2) was satisfactory during the continuous period mentioned; |
(b) | two salary increments shall be granted to such educator by the employer after the expiry of a salary incremental period reckoned from the date on which his or her salary would have been increased in terms of subregulation (1) if such increment had not been withheld in terms of subregulation (2); |
(c) | the salary increments referred to in paragraph (b) may be granted only if the head of the relevant institution or office issues a certificate in which it is declared that the conduct and work of the educator referred to in subregulation (2) were satisfactory during the continuous period mentioned in paragraph (a); and |
(d) | only one salary increment may be granted to such educator in terms of paragraphs (b) and (c) if his or her salary is already equal to the penultimate notch on the salary scale applicable to him. |
(6) |
(a) | If the period mentioned in subregulation (3) is equal to a salary incremental period, two salary increments shall be granted to such educator after the expiry of such period. |
(b) | The salary increments referred to in paragraph (a) may be granted only if the head of the relevant institution or office issues a certificate in which it is declared that the conduct and work of the educator referred to in subregulation (2) were satisfactory during such period. |
(c) | Only one salary increment may be granted to such educator in terms of paragraphs (a) and (b) if his or her salary is already equal to the penultimate notch of the salary scale applicable to him. |
(7) | If an educator is not granted a salary increment in terms of subregulation (4)(b), (c), (d), (5)(b), (c), (d) or (6), the provision of subregulations (2), (3), (4) and (5) shall once again become applicable. |
(8) | Subject to the provisions of this regulation the salary of an educator to whom a salary increment has been granted in terms of subregulation (4)(b), (5)(b) or (6) shall, after the expiry of each further salary incremental period, be increased by one salary increment within the limits of the salary scale applicable to him or her. |