Public Service Act, 1994 (Act No. 103 of 1994)RegulationsPublic Service Regulations, 2016Chapter 4 : Employment MattersPart 6 : Training77. Training assistance |
| (1) | For purposes of enhancing the performance of the work of the department, a head of department may grant financial or other assistance for any study, training or research where— |
| (a) | an employee undertakes the study, training or research on the initiative of the department; or |
| (b) | the employee has requested any such assistance and the study, training or research is related to the employer's skills requirements. |
| (2) | A head of department may grant financial or other assistance to employees for part-time or full-time activities at either local or international institutions. The head of department may also grant assistance for studies and training through training interventions such as short courses, congresses, symposia, seminars, conferences, workshops, lectures and study tours. |
| (3) | A head of department may— |
| (a) | grant bursaries for higher education to employees or other persons in terms of a human resources development plan contemplated in regulation 28; |
| (b) | allocate bursaries for general education and continuing education and training to employees; and |
| (c) | require contractual service in recompense for assistance received in respect of general education or continuing education and training. |
| (4) | A head of department may defray any reasonable actual expenses associated with study, research or training. |
| (5) | An employee shall retain his or her salary, which shall count as part of the financial assistance from his or her department during any study, research or training. |
| (6) | Subject to the Treasury Regulations, a head of department may waive the whole or any part of any study debts. |
| (7) | Where a head of department provides a bursary for higher education to an employee or any other person the bursary holder must enter into a contract with the department in terms of which he or she, in the case of a bursary holder who undertakes— |
| (a) | full-time study, shall redeem the bursary by serving the relevant department or any other department on the basis of one year for each year of study or any part thereof; or |
| (b) | part-time study, shall redeem the bursary by serving the relevant department or any other department for at least one year after attaining the relevant qualification. |
| (8) | An employee who fails to complete the relevant qualification shall redeem any obligation in terms of the contract either through service, or repayment of the bursary amount, plus interest at a rate determined by the Minister of Finance in terms of section 80(1)(b) of the Public Finance Management Act. |
| (9) | In the case of an employee who studies or undergoes training for short periods, a head of department may, as a precondition for providing assistance, require the employee to enter into a contract with the department in terms of which he or she shall serve the department for a commensurate period. |
| (10) | For the purpose of this regulation— |
| (a) | "continuing education and training" means continuing education and training as defined in section 1 of the Continuing Education and Training Act, 2006 (Act No. 16 of 2006); |
| (b) | "general education" means the compulsory school attendance phase as referred to in section 3 of the South African Schools Act, 1996 (Act No. 84 of 1996); and |
| (c) | "higher education" means higher education as defined in section 1 of the Higher Education Act, 1997 (Act No. 101 of 1997). |