| (1) | Except where otherwise provided for in an OSD and subject to subregulation (2) to (4) an executive authority may set the salary of an employee above the minimum notch of the salary level indicated by the job weight— |
[Words preceding regulation 44(1)(a) substituted by section 18(a) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
| (a) | if he or she has evaluated the job; |
| (b) | if he or she requires to retain or recruit an employee with the necessary competencies; and |
| (c) | he or she shall record the reason why the higher salary was awarded. |
| (2) | The setting of a higher salary notch, as contemplated in subregulation (1) to retain an employee (herein called the "counter offer") shall only take place on the first day of the month following the date of approval, if— |
| (a) | the employee has received an employment offer (herein called the "external offer") from any other body or organ of state; |
| (b) | the department has verified the validity and content of the external offer; |
| (c) | the counter offer made is limited to the higher salary notch closest to the external offer; and |
| (d) | the counter-offer shall not exceed the salary level of the post occupied by the employee. |
[Regulation 44(2)(c)(d) substituted by section 18(b) and (c) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
| (3) | The setting of a higher salary notch, as contemplated in subregulation (1) to recruit a person, shall only take place on the first day of the month following the date of approval if— |
| (a) | the executive authority has complied with the process contemplated in regulation 64; |
| (b) | the person was earning a higher salary immediately before the date of appointment; |
| (c) | the higher salary does not exceed the closest higher salary notch than that of the person immediately prior to the appointment; and |
| (d) | the higher salary does not exceed the salary level of the post, unless such employee has been awarded a higher salary attached to the grade of the post in terms of any other provision of the Act. |
[Regulation 44(3) substituted by section 18(d) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
| (4) | If an employee is awarded a higher salary notch or a higher salary level in terms of subregulation (1) to (3), he or she shall not be disqualified from progression to a higher notch or grade if he or she meets the requirements for such progression. |
