SAOU Underlying principles and aims Underlying principles As underlying principles the SAOU states that: • All educators should strive towards a high level of professionalism; • It strives towards the improvement of all aspects of the working life in the education sector; • Education is best presented in the learner’s mother tongue; • High quality education is the indisputable right of every learner within an equal, non-racial, non- discriminatory education system. Aims of the SAOU • To form a politically unrelated and independent Union that will enhance and protect the collective interest of its members within any existing or future labour relations dispensation; • to cooperate with any legitimate and democratically elected government on the principle of freedom and equality and respect for fundamental human rights; • to form an alliance and to effect national as well as international connections with other organisations and unions that share the same value system, principles and goals as the Union; • to manage relationships between employees and employers, including any employer organisations; • to further the interests of its members; • to plan and manage its administrative and lawful activities; • to affiliate to and participate in matters of any international employer organisation or the International Labour Organisation; • to further support, or oppose any suggested legislative or other matters that influence the interests of its members; • to use any lawful means to persuade employees in the education sector to become members to give legal advice to members on issues regarding their employment; • to establish and manage funds for the benefit of Union members and their dependants; • to encourage the resolution of disputes between members and employers or employer organisations by means of reconciliation, mediation or arbitration; • to back and support educators in their professional responsibility of guiding and preparing learners to become responsible citizens of a democratic state; • to further mother tongue education in single, double and parallel medium schools as well as other public and private education institutions; • to provide a service in order to further and protect the interests and rights of Union members; • to oppose any form of unfair discrimination in education based on race, gender, ethnicity, political and other beliefs; • to heed and to strive to further the educational needs of each individual learner; • to strive towards the establishment and maintenance of an effective compulsory education system; • to ensure that the interests of the learners are in no way compromised by the actions of employees, on condition that the Union commits itself to the fundamental right to strike;

• to contribute to the development of justifiable responsible education legislation and a responsible education system; • to establish effective consultation and advisory structures as well as mechanisms for negotiation and bargaining arbitration, in the interest of the organised teaching profession, on the one hand, and on the other hand specifically in the interest of managing Union members’ problems; • to co-operate in the establishment and maintenance of a system of registration of all professional educators and the establishment of a professional code of conduct to which all educators should adhere; • to co-operate with parents and communities in the interest of quality education; • to further provincial and national education structures; • to gather and obtain information and to diffuse appropriate information to all stakeholders; • to further the professional development of Union members and other employees by means of seminars, conferences, congresses and debate; • to do everything within the Union’s power to realise the abovementioned goals and to serve • the general welfare and interests of union members in particular and the teaching profession in general; • to perform any functions within the Union’s field in terms of the Constitution. EDUCATORS HAVE RIGHTS Introduction In the current time frame the spotlight falls mainly on learners’ rights and where these rights can be regarded as absolute. The SAOU and its members have a responsibility to also focus on educators’ rights. The educator has a right to: In terms of the Constitution: • Equality, human dignity, privacy, freedom of religion and opinion, freedom of expression, freedom of association, political rights, labour rights, language and culture, fair administrative action. • Constitutional rights are generally embodied in national legislation through which each ‘right’ is extended, for example the Labour Relations Act. In terms of the Employment of Educators Act (and Annexures): • Be transferred or seconded only with his/her permission. • Retire as determined by law. • The right to fair administrative procedure. • The rights as indicated in the Conditions of Employment, the PAM and Regulations. • Fair administrative action. The SA Schools Act (and regulations): • Respect and support in the workplace. • A safe workplace. • The co-operation of learners in the class.

In general the educator has a right to: • The support of the Governing Body in the maintenance of discipline. • Do his or her professional work without interference by the Governing Body. • Act within a disciplinary code. • Be required to carry a fair workload (at present a minimum of 7 hours at school and a required 1 800 working hours per year) = +80 hours during holidays for courses, etc. Rights and guidance with regard to immediate arrest (In terms of the Criminal Procedure Act) • You have the right to assistance by a legal representative as well as your family and/or friends. • You have the right to be immediately informed of the reason for your arrest. The warrant for the arrest must be shown and handed to you. • No oral or written statement should be made without the support of a legal representative. • You have the right not to answer. This implies that you do not have to make any confessions or statements to the SAPS or any other person. • Only statements made to your legal representative are privileged. Do not discuss the matter with any other persons, including your marriage partner and/or minister and/or colleagues. • You must provide only your name and address to the SAPS – nothing else. • In principle you are entitled to bail. • In certain instances of serious offences you are not entitled to bail unless you are able to convince a court that you should, in the name of justice, be set free. • Depending on the seriousness of the offence, bail may be granted by the court or by the SAPS or public prosecutor at the police station. • Provision is no longer made for afterhours bail applications. • Ensure that you thoroughly understand any explanation of your rights. The law requires that your rights are explained to you. • Do not sign any documents without your legal representative being present. If you are forced to do so, indicate on the document that you are signing under duress. Also try to get an independent witness to corroborate your statement. • Do not hesitate to use your constitutional rights. If you do not do this, it will later be difficult to explain the reasons for not doing so. The shortlist of rights does not compromise the responsibilities of educators – of which there are numerous including highly technical requirements. Educators are encouraged to read the summary together with the “Policy Handbook for Educators”. The content of the abovementioned rights is not absolute – it is limited by the application of the limitation clause in the Constitution to balance others’ rights or competing rights. CONDITIONS OF SERVICE AND RELATED ISSUES REGISTRATION REQUIREMENTS Registration with the South African Council for Educators (SACE)

(Including Governing Body appointments and educators at private schools) Registration with SACE is compulsory for all educators, whether they possess professional qualifications or not. No educator may practise unless he or she is registered with SACE. All educators must adhere to the SACE code of conduct. This also includes educators appointed and remunerated by governing bodies. TYPES OF APPOINTMENTS Temporary A temporary appointment for a certain period in a full-time, part-time or shared capacity. Permanent An appointment in a permanent capacity in a vacant position for an unlimited period of time, subject to a period of probation of at least one year. Part Time An educator appointed for less than 35 hours per week is remunerated on a pro rata basis. An educator who teaches in a permanent position and teaches for additional hours over and above his or her normal timetable, is appointed on a part time basis and is remunerated accordingly. Part-time educators should submit monthly claims for remuneration. Seconding If in the interest of education, the Department may, after consultation, second an educator who has been appointed in a permanent position to any other post in a different department for as long as needed. Secondment to the post of Full Time Shop Steward to a recognised union may only be done with the approval of the principal and for a fixed period of one year. Such a fixed term contract may be renewed annually. Only educators on post level 1 may be considered for such a secondment. Transfer Educators appointed in permanent positions, may become additional to the post establishment due to rationalisation, reorganisation, regarding abolishment of a post as a result of a decrease in learner numbers, abolishment of institutions and a change in subjects. After consultation, an educator appointed in a permanent position, may be transferred to another post in accordance with nationally agreed upon collective agreements and certain legislation. Only educators on post level 1 may be considered for voluntary transfers. REQUIREMENTS FOR APPOINTMENT IN A PERMANENT POSITION Proof of the required minimum qualifications, registration with SACE and/or appropriate teaching experience should be provided. Requirements with regard to the necessary documentation are published in the provincial list of vacancies (Government Gazette).

ADVERTISING VACANCIES Vacant permanent posts are advertised by the relevant provincial department of education in a vacancy list and these posts are filled in terms of regulations as determined by legislation and policies. ISSUES REGARDING PROMOTION Requirements for each promotion post are linked to minimum qualifications and teaching experience. According to the positions in which they are appointed, educators serve in 6 post levels of which post levels 5 and 6 are posts linked to positions at head office or support services. Further information is available from your nearest SAOU regional office. REMUNERATION Salary Salary structures were altered when Collective Agreement 1 of 2008 was signed and the Occupation Specific dispensation for Educators came into effect. Contact your SAOU office. See the SAOU’s website at www.saou.co.za - Salary Scales. Service bonus A service bonus or pro rata service bonus equivalent to 100% of one month’s salary is payable to an educator/official after a period of 12 months or a part thereof on the last day of the month of the educator’s/official’s birthday. No pro rata service bonus is payable to an educator at termination of service through resignation. Any unpaid leave, as well as continuity leave granted during the 12 months prior to the pay date, is taken into account when the amount of the service bonus is determined. HOUSING SCHEME State guarantee scheme This scheme allows persons who are unable to provide the necessary funds for the payment of the compulsory deposit, to own property. To qualify for the minimum requirements, an educator must be at least 21 years of age, must have rendered one years’ continuous satisfactory service and must contribute towards the Public Service Pension Fund. The employee’s annual salary notch determines the amount of the 100% loan that will be approved. Enquiries in this regard may be directed to the nearest SAOU office. Housing allowance According to certain guidelines a housing allowance is payable to persons who rent or lodge, are paying off a registered property, or owns a paid property.

This scheme functions independently from the 100% housing loan scheme and applies to persons who are employed in a permanent or a temporary position and who contribute to the pension fund. In both instances applicants must obtain a home loan from an acknowledged financial institution, occupy the home and adhere to the prescribed requirements with regard to registration of ownership. Property registered in the name of a company, closed corporation and trust are not recognised for purposes of the housing allowances. Housing allowances are also paid in instances of occupational rent; a rental agreement entered into for a home – through an agent or family; or a home occupied with the permission of a traditional leader. At present an allowance of R900 per month is paid for the abovementioned occupancy. Guidelines and application forms are available at www.dpsa.gov.za. NB: Temporary educators employed for less than 6 months, qualify for a non-pensionable allowance equal to 37% of the basic salary in order to compensate for the lack of a service bonus, medical allowance, housing allowance and membership of the pension fund. PAYMENT OF SUBSISTENCE, TRAVEL AND RELOCATION COSTS Subsistence allowance The purpose of the allowance is to reimburse an educator for subsistence costs while he or she is away from his or her headquarters on official duty. Travel allowance A travel allowance is paid to an educator who has to travel away from his or her headquarters in the execution of his or her official duties. Relocation cost The expenses related to the relocation of a household are paid to an educator in a permanent position in the following instances subject to departmental stipulations: • If the educator’s post becomes redundant and he or she is transferred permanently to another teaching post. • In instances where he or she is permanently transferred by the Department. • When appointed in a promotion post at a higher post level. • In all instances the distance between the current location and the future location must exceed 100 km. Relocation cost (Transfer of furniture and vehicles) is payable: • If the person retires after at least 10 years’ continuous service. • If the person passes away after completion of at least 10 years’ continuous service, payable to the dependants moving to another residence. LEAVE ARRANGEMENTS FOR EDUCATORS The leave benefits of educators are determined in Chapter J of the PAM and can be summarised as follows: (In the revised PAM, to be published, shortly this information can be found in Chapter H )

Familial responsibilities and leave for urgent private matters An educator is granted 5 workdays’ leave per annual leave cycle for illness of an educator’s child or spouse or when the spouse gives birth to a child, and 5 working days in cases where an educator’s spouse, child or closest family members pass away. Apart from these days an educator may take leave for urgent private matters. The total number of days in this broad category may not exceed a maximum of 14 working days per year. This leave is always granted with full pay. All unused days fall away at the end of the calendar year. Proof should be attached. Special leave for professional and personal development and religious events Special leave with full pay may be granted to educators in cases where the activities will lead to professional or personal development that is to the employer’s advantage, or for religious events. A maximum of 3 working days per year may be granted. Sick leave • 36 working days are granted in a cycle of three years. • The new sick leave cycle started in 1 January 2013. • All unused leave days fall away at the end of the sick leave cycle. • A medical certificate will be required for sick leave of three days or more. • A supervisor may require a medical certificate if an educator is absent for a third time due to illness within an eight week cycle, or in instances where a pattern in the utilisation of sick leave has been established. Leave for temporary incapacity When an educator’s normal sick leave in a certain sick leave cycle is exhausted and the medical practitioner/dentist is of the opinion that the educator is temporarily incapacitated due to illness, additional sick leave may be granted on condition that: • The educator’s supervisor is aware of the illness. • The relevant medical practitioner/dentist certifies that the incapacity is temporary. • Forms are completed in accordance with the PILIR system. • Submit detailed motivation with forms. Incapacity leave is for management purposes categorised in two types: • Short term incapacity - this is when the period of incapacity leave that you request is for 29 days or less. • Long term incapacity - this is when you apply for 30 or more days of incapacity leave. Permanent Incapacity When an educator’s degree of incapacity is permanent, the educator can retire on medical grounds.

• If the educator and the employer are of the opinion that the educator will under no circumstances be able to continue working, the educator may apply for early retirement due to continuous ill health. • Forms should be completed in accordance with the PILIR system. • Submit detailed motivation with forms. Leave for occupational injuries or diseases An educator who is absent due to an injury on duty receives special sick leave in accordance with the Occupational Injuries and Diseases Act, 1993, provided that the injury has been reported according to the stipulations in the Act. Please note that it is compulsory to report an injury on duty. Failure to report such an injury is a punishable offence. Accouchement leave • An educator is allowed 4 calendar months continuous paid accouchement leave for each pregnancy. (This includes weekends and school holidays.) • An educator’s accouchement leave should start at least 14 days prior to the expected accouchement date but not later than the day of the accouchement (in cases of an early birth). • An educator who suffers a miscarriage, whose child dies at birth or whose pregnancy is terminated, is entitled to six weeks’ paid accouchement leave after a miscarriage or a still birth on condition that the educator had been on paid accouchement leave at the time of the still birth or the miscarriage. • In instances where the baby of an educator, who is on paid accouchement leave, needs to remain in hospital for more than a month due to illness or premature birth, the educator may request the employer to temporarily return to her place of work to interrupt her accouchement leave. • No educator will be allowed to resume her normal duties before at least six weeks have passed after the birth of the baby, or if a medical practitioner has certified that the educator may return to resume her normal duties. Pre-natal leave With effect from 1 January 2013 members will be entitled to 8 working days pre-natal leave per pregnancy, allowing the employee to attend medical examinations by a medical practitioner or midwife, and tests and examinations will have to be submitted. Members may use this leave as full days or parts of a day. Note that the ruling that absences resulting from medical complications during the pregnancy, must be taken as sick leave, remains unchanged. Leave for the adoption of a child • If an educator adopts a child under the age of 2 years, he or she is entitled to 45 work days’ adoption leave. • If both parents work for the State, both may qualify for adoption leave on condition that the total number of leave days taken by both parents does not exceed the total of 45 days. Special leave Special leave with full pay may be granted in certain circumstances:

Special leave for study Special leave may be granted to an educator for an approved field of study, subject to certain conditions as approved by the employer. Study leave may be approved with or without, or with partial remuneration. Special leave for examinations For each examination day in an approved field of study, an additional school day with full pay is granted as examination leave. If a paper is written on a Monday, the previous working day, normally the preceding Friday, may be taken as examination leave. If the Friday is a public holiday, then the Thursday may be taken as examination leave. Special leave for participation in sport/cultural and other activities The Head of the Provincial Department of Education may approve leave with or without pay for an educator to take part in sport, cultural or similar activities. Such activities include the following, among others: • to partake in sports events; • to act as official/referee; • to act as presenter or group leader for a course; • attending courses or meetings as approved by the employer. Leave for office bearers and union representatives Office bearers or union representatives may be granted up to a maximum of 12 days’ paid leave per year for activities related to a union or the position that he or she holds in the union. Ordinary members qualify for 8 hours per year. Leave gratuity The controlled leave will be paid out after auditing, calculated on the final salary notch when the educator retires (early retirements, for medical reasons, redundancy) or passes away. On resignation or the choice of actuarial value no leave gratuity will be paid out. The leave gratuity is taxable. MEDICAL AID Medical aid for persons in permanent or temporary (6 months +) posts is subsidised by the State. A maximum amount is reviewed from time to time. Enquiries in this regard may be addressed to the nearest SAOU office. At retirement the medical aid is continued if the educator was the principal member for at least one year prior to retirement and employed by the State for at least 15 years (not necessarily on a continuous basis). In cases of medical discharge, the member must have been employed by the State for at least 10 years.

WORKING HOURS The regulations regarding educators’ working hours are as follows: • An educator must be at his or her place of work for at least 7 hours per day. • An educator must work for at least 1 800 hours per year. • The employer is entitled to require that an educator spend up to a maximum of 80 hours per year outside of the normal school day or during school holidays for professional development. An educator may not claim additional remuneration for any additional duties or work required by the employer. The educator may not work outside of the teaching institution, with or without pay, without permission from the employer. TERMINATION OF EMPLOYMENT An educator in a permanent or temporary post must inform the employer of his or her intention to resign/retirement at least 90 days in advance. The employer may grant permission for a shorter period of resignation. The employer may terminate an educator’s employment: • on account of continuous ill-health; • on account of the abolition of the educator’s post or any reduction in, or reorganisation or readjustment of the post establishments of, departments, schools, institutions, offices or centres; • if, for reasons other than the educator’s own unfitness or incapacity, the educator’s discharge will promote efficiency or economy in the department, school, institution, office or centre in which the educator is employed, or will otherwise be in the interest of the State; • on account of unfitness for the duties attached to the educator’s post or incapacity to carry out those duties efficiently; • on account of misconduct; • if the educator was appointed in the post in question on the grounds of a misrepresentation made by the educator relating to any condition of appointment; and (will be regarded as misconduct • if, in the case of an educator appointed on probation, the educator’s appointment is not confirmed. PENSION ISSUES WITH REGARD TO PERMANENT STAFF Pension contributions Educators who are allowed to be members of the State pension fund, contribute 7,5% of their salaries, to the fund. Termination of employment on medical grounds In a case of a long illness, the Head of Education may determine that an educator may retire or the educator may submit such a request in the prescribed manner. The educator’s retirement benefits are calculated according to a formula provided later. The Head of Education acts on recommendations of the Health Risk Manager.

Payment of retirement benefits from the State Pension Fund For the calculation of all formulae the term “end salary” is defined as the average salary notch of the member’s last 24 months of service. Employees who choose the inclusive salary package “the end salary" will be determined on the pensionable portion of either 75% or 70%. Termination of service (less than 10 years’ pensionable service) If the service of a member with less than 10 years’ pensionable service is terminated for any of the following reasons: • health reasons not due to own actions; • abolishment or re-organisation of the post; • if the termination will make the Department more effective; • inability to perform duties, misconduct excluded; • due to an injury or ill health caused by an incident during or as a result of the member’s duties, but not due to the member’s own actions, a gratuity calculated as follows is payable: 15,5 x end salary x pensionable years of service 100 • This amount is increased by a third, except in one case above, namely inability to perform tasks effectively. Termination of service (pensionable service of 10 years or more) If the service of a member with more than 10 years’ pensionable service is terminated for the reasons mentioned above, the following gratuity is payable: • A gratuity calculated as follows: 6,72 x end salary x pensionable years of service 100 • Annuity calculated as follows 1 x end salary x pensionable years of service 55 + R360 For the reasons mentioned in above, except inability, one third of the period of pensionable service up to a maximum of 5 years, or the difference between the person’s age and 60 years, whichever is the smallest, is added.

Retirement (less than 10 years’ pensionable service) If a member retires with less than 10 years’ pensionable service: • on or after the retirement date; • before retirement age in terms of the Act that regulates the conditions of service; or • as a result of the expiry of the service contract, • a gratuity is payable equal to the actuarial value of the member’s pension with benefits. Retirement (10 years’ pensionable service or more) If a member retires with more than 10 years’ pensionable service for a reason mentioned above, the following is payable: • A gratuity calculated as follows: 6,72 x end salary x pensionable years of service 100 • Annuity calculated as follows: 1 x end salary x pensionable years of service 55 + R360 If a member has reached the age of 50, but not 60, the above benefits are reduced by .33% for each month between the member’s age and 60 years. Members should note that only educators appointed before 1 May 1996 and who have more than 10 years’ pensionable service, may retire between the ages of 50 and 55. (Reduced benefits still apply). Resignation Resignation benefits are calculated according to the following formula: Number of pensionable years of service x end salary x 7,5%. As from April 2012, National Treasury (GEPF) will calculate both the resignation benefit and the actuarial value. Educators will then have the choice of the biggest amount to be paid out directly or to be transferred in total to an approved annuity fund or preservation fund. A member loses the following benefits at resignation, namely leave credit, pro rata service bonus, medical and funeral benefit. Benefits at the death of a member Members with less than 10 years’ pensionable service: A gratuity is payable equal to the greatest of the member’s actuarial value and end salary. Members with more than 10 years’ pensionable service receive the following:

• A gratuity calculated as follows: 6,72 x end salary x pensionable years 100 • Five times the retirement amount he/she would have received at retirement, calculated as follows: 5 x 1 x end salary x pensionable years of service 55 + R360 For calculation of the abovementioned gratuities, one third of the period of pensionable service, to a maximum of 5 years or the difference between the person’s age and 60 years, whichever is the smallest, is added to the years of service. Spouse’s/life partner’s pension If a member is survived by his or her spouse/life partner, a spouse’s/life partner’s pension is paid to the spouse/life partner equal to half the annuity the member would have received if he or she had retired at the age of 60 years. Benefits at the death of pensioners If a pensioner passes away within 5 years of retirement, a benefit is payable to the spouse/life partner or dependents equal to the sum of the annuity payable, as calculated from the first day of the month following the death up to the last day of the month in which the 5 year period expires. The formula is as follows: 1 x end salary x pensionable years of service x unexpired months of 5 years 55 12 Gratuity If a pensioner is survived by a spouse/life partner, a spouse’s/life partner’s pension is payable equal to half of the annuity that the pensioner received at his or her death unless, at retirement, the pensioner chose a lessened monthly pension or a lessened gratuity. In the last two instances (lessened monthly pension or lessened annuity) 75% of the monthly pension is payable as spouse’s/life partner’s pension. Tax on retirement benefits Pension gratuities (Resignation benefits excluded) Tax on pension gratuity (single amounts) is phased in from 1 March 1998 and is calculated according to completed years of service. Exemption amounts are involved for the different ways of retirement. Monthly pension Monthly pension benefits are taxed according to the normal tax scales.

Payment of funeral benefits As from 1 December 2002 the following members qualify for the payment of a single amount as funeral benefit at the death of: • a serving, contributing member of the GEPF (R7 500); • a pensioner (R7 500); • a spouse/life partner of 1 or 2 above (R7 500); and • a dependent eligible child of 1 or 2 above (R3 000). • in cases of a still birth, provided that the mother had been pregnant for at least 26 weeks or more. For more information, contact the nearest provincial SAOU office. BACKDATING OF PENSIONABLE SERVICE/PURCHASE OF SERVICE Members may increase their pensionable service by purchasing service back to their eighteenth birthday or any other period after the eighteenth birthday. This is expensive. Form Z215 is used for this purpose. Previous pensionable service after resignation may be bought back at a favourable tariff, provided that the educator is allowed back into the fund within 36 months after resignation, and the application for the purchase of service (Z215) is received within 12 months after re-employment. UNEMPLOYMENT INSURANCE FUND The official stipulation is that a person who contributes to the pension fund may not contribute to the unemployment insurance fund. Persons who do contribute, must direct enquiries with regard to the procedures involved to the Department of Labour. DEPARTMENTAL HOSTELS Where departmental hostels are linked to schools, the employer may require of an educator to reside in such a hostel and perform invigilation duties. Invigilation duties are mainly related to the educational programme followed by the boarders. Hostel staff receives, according to the approved hostel service record, a non-pensionable allowance for the additional duties related to hostel duty. Staff residing in the hostel pays the determined fees for board and lodging. LONG SERVICE RECOGNITION Since 1 August 2012, recognition for satisfactory uninterrupted service is granted in the following instances: • Ten years’ uninterupted service: A certificate • Twenty years uninterupted service: A certificate and an amount of R8 371 as from 1 April 2014

• Thirty years uninterupted service: A certificate and an amount of R16 743 as from 1 April 2014 • Fourty years uninterupted service: A certificate and an amount of R21 120 as from 1 April 2014 Applications for the abovementioned should be submitted to the Department in writing/prescribed form. Educators who reached any of these goal years before 1 August 2012, have the option of reverting leave credit to cash, 10 days when reaching the 20 year mark and 15 days at the 30 year mark. Additionally, reaching the 30 year mark prior to 1 August 2012, educators where also entitled to an amount of R4 610 (before tax). These payments are made against the salary notch of the educator at the time the goal was reached and not the current salary notch. Educators planning to retire may find it more beneficial not to have the days paid out until the date of retirement, as it will be calculated on the last month‘s salary notch. Acting Allowances (ELRC Resolution 8 of 2001 as included in the PAM) An acting allowance for holding a temporary position will be paid when a person fills a vacant position which is 1 post level higher than the person’s present position. The provincial department may, however, agree to exceptions. Unless the employer informs a person in writing that he or she should temporarily fill a position and the governing body recommends such, the stipend will not be paid. The Governing Body must make said recommendation within 14 days after having received the notification from the employer. The allowance will only be paid if the appointment is for longer than six weeks and for a maximum period of 12 months. Payment will be retrospective to the date on which the educator started in the temporary position. The amount payable is the difference between the person’s present salary (without benefits) and the initial notch of the higher post (without benefits). If the person’s notch equals or exceeds the notch of the higher post, the acting allowance that will apply is six notches. Acting Allowances (ELRC Resolution 8 of 2002 as included in the PAM) As of 1 April 2003 a stipend is also payable if the holder of the position is absent for a period longer than 12 weeks, but restricted for a maximum of 12 months as a result of: • accouchement leave • sick leave • study leave • suspension • secondment

INJURY ON DUTY All instructions carried out by the educator as part of the internal as well as the extracurricular programme of the relevant institution is regarded as official duties. Any injuries, also in the case of death, sustained while performing these duties, should immediately be reported to the head of the institution. In such instances form W.CL. 2(E) is completed. If an educator dies while performing official duties, the death should immediately be reported to his or her immediate supervisor. SCHOOL GOVERNING BODY APPOINTMENTS Employer The governing body of the school is the employer. The Relationship between the employer and the employee: • The Basic Conditions of Employment Act and the Labour Relations Act regulate the relationship between the employer and the employee. • The contract of employment is the foundation of the relationship between the employer and the employee. It is necessary to bear in mind that the employment relationship and the employment contract is not a relationship of equality – the employer and employee do not have the same bargaining power. The employer must consider its financial and other resources and therefore can dictate the terms and conditions of employment to the employee. The Contract of Employment The contract of employment can be defined as a voluntary agreement between two parties, in which one party (the employee) places his/her labour potential at the disposal and under the control of another (the employer) in exchange for remuneration by the employer. It is recommended that even though the Employment of Educators Act is only applicable to employees of the various departments of education, the terms and conditions of employment of educators must be considered when concluding the employment contract. • The terms and conditions that have been agreed to by the employee and the employer cannot be changed unilaterally by one party. Terms and Conditions of Employment Minimum Terms and Conditions of Employment The BCEA provides the important function of establishing a floor or threshold of basic conditions of employment to protect all employees. The employer is obliged to comply with the following provisions of the Act:

UNEMPLOYMENT INSURANCE FUND (UIF) Both the employer and the employee must each contribute 1% of the remuneration of the employee to the Fund. The obligation to pay over the total amount of the contribution (2% of the remuneration of the employee) rests on the employer. LEAVE Sick Leave • The sick leave cycle is a period of 36 months’ employment with the same employer. During each sick leave cycle, an employee is entitled to 6 weeks’ paid sick leave. • During the first 6 months of employment, an employee is entitled to one day’s paid sick leave for every 26 days worked. • It is customary to renew SGB contracts of employment annually. In practice it amounts to 10 days sick leave per annum. • An employer is not required to pay an employee if the employee has been absent from work for • more than two consecutive days; or • on more than two occasions during an eight week period if the employee does not produce a medical certificate stating the employee was unable to work. Maternity Leave An employee is entitled to at least four consecutive months’ maternity leave. The BCEA merely provides that maternity benefits will be determined by the Minister of Labour subject to unemployment insurance legislation. The Labour Relations Act determines that a dismissal is automatically unfair if the reason for the dismissal is: • the employee’s pregnancy; • intended pregnancy; • or any reason related to her pregnancy. FAMILY RESPONSIBILITY LEAVE The BCEA provides for three days’ paid family responsibility leave during each annual cycle. The employee is entitled to take this leave • On the birth, illness or death of a child; or • The death of the employee’s spouse or life partner, parent or other immediate family members. JUSTIFIABLE TERMS AND CONDITIONS TO NEGOTIATE Where feasible, the employee must negotiate with the employer to achieve congruous terms and conditions in accordance with the EEA. Bear in mind that the employer must consider its financial and other resources and therefore can dictate the terms and conditions of employment to the employee.

Leave (other than school holidays) Negotiate for concurrent leave regulations as is applicable for Department appointments. • Family responsibility leave (fundamental differences in the determination) • Special leave for urgent private affairs • Maternity leave on full pay (salary minus UIF payment) Remuneration Salary The employee must ascertain himself/herself of the salary notch offered by the SGB. In general, SGBs are prepared to pay salaries in line with the Department of Education, excluding other monetary remuneration. Remuneration Other Than Salary Negotiate for additional benefits such as a service bonus, contribution towards medical, housing and pension. Termination of the Contract The contract of employment automatically ends once the period agreed to expired. Remember this type of contract may be renewed. Where the employer fails to renew the fixed term contract and the employee had a ‘reasonable’ expectation that it would be renewed, the employee will bear the onus of proving that the expectation of continued employment is reasonable. The employer must have created the impression that such an expectation was justified. The more times a contract is renewed, the more weight will be attached to the ‘reasonable’ expectation. Certificate of Service (Must be provided as proof of previous experience when appointed or re-appointed in public education). The BCEA provides that on termination of employment an employee is entitled to a certificate of service stating a number of employment particulars. These include the name of the employee, the name of the employer, the date of commencement and termination of employment, the employee’s job title and the employee’s remuneration at the date of termination. The reason for termination may be included if the employee requests that it be included. Recognition of Previous Service Actual Educator’s Experience: This pertains to all experience gained while the person held an educator’s post inside and outside public education. Appropriate Experience: This pertains to working experience, which in the opinion of the employer, developed the candidate directly and appropriately in all respects regarding knowledge, skills and attitude for holding an educator’s post. Extent of Recognition: • Actual educator’s experience – full recognition. • Appropriate experience – full recognition.

CONDITIONS OF SERVICE AND RELATED ISSUES FOR ADMINISTRATIVE STAFF Remuneration Salary Adjustment of salaries is negotiated on a yearly basis between the Trade Unions and the employer in the PSCBC, as soon as a collective agreement has been reached. New salary notches will be communicated to members. Contact your SAOU office. Leave Arrangements for Administrative Staff Annual leave for non-teaching staff at schools and training institutions Non-teaching staff at schools and training institutions must take at least 22 of the 27 working days annual leave during the period for which a school/training institution closes for the holidays. The remaining 5 days may be taken when the school/institution is open. If he or she has 10 or more years of service, he or she is eligible for 30 working days annual leave in a leave cycle. 25 Days must be taken during the period for which a school/training institution closes for the holidays. The remaining 5 days may be taken when the school/institution open. If an employee is not required at the school/institution during the period(s) when the institution closes for holidays, an employee may utilise his/her annual leave entitlement and/or paid time off granted by the employer. Annual leave for all other administrative staff and office based educators If an employee has less than 10 years’ service he or she is eligible for 22 working days annual leave in a leave cycle or if he or she has 10 or more years of service, he or she is eligible for 30 working days annual leave in a leave cycle. If an employee is appointed in the course of a leave cycle, he or she will be eligible for a pro rata annual leave entitlement only. The employee is required to take a continuous period of annual leave for a period of at least 10 working days in a leave cycle. Employees are entitled to annual leave with full pay during each leave cycle of 12 months commencing on 1 January of each year. At least 10 working days must be taken as leave during the annual leave cycle. Annual leave should as far as possible be taken as consecutive working days. Utilisation of leave must take the service delivery requirements of a department into account. Any refusal of annual leave must be confirmed in writing stating the reasons and arrangements for rescheduling of the annual leave. Remaining leave days, if any, must be taken no later than 6 months after the expiry of the relevant leave cycle where after unused leave credits shall be forfeited. The leave cycle is a 12 month period.

Family Responsibility leave An employee will be granted 5 days leave per annual leave cycle for use if his or her spouse or life partner gives birth or the employee’s child, spouse or life partner is sick. He or she will be granted five days leave per annual leave cycle for use if the employee’s child, spouse or life partner dies, or an employee’s immediate family member dies. The total number of days may not exceed 5 working days per annum. Working Hours All public servants appointed according to the Public Service Act of 1994, must work a full 40 hour week (excluding time off for lunch). The Termination of Employment All public servants appointed according to the Public Service Act of 1994, must give notice of one calendar month of his/her intention of resignation. The employer can approve a resignation with shorter notice. The employer may terminate an employee’s employment: • If he or she suffers from continued ill health; • Due to incompetence or misconduct; • At the end of the month in which the employee reaches the compulsory retirement age of 65 years; • Reorganisation or restructuring of the employee’s post. Pension Benefits Public servants can apply for early retirement without reduction of pension benefits under Section 16(6) of Public Service Act 1994, as amended by Act 30 of 2007, in other words, section 16(6) allows the executive authority the discretion to approve early retirement without penalisation between age 55 and 60 years. However, departments would exercise restraint when approving such approvals as the employer remain fully responsible for the resultant liability to the GEPF when approving early retirement under this section. The following conditions of service are the same as for educators • Service bonus • Housing allowance • Sick leave • Leave for temporary incapacity • Leave for occupational injuries or diseases • Maternity leave • Special leave • Leave gratuity • Medical aid • Pension benefits Salary scales: See the SAOU web site www.saou.co.za - Salary Scales.

• Any reference to “he” also refers to “she”. All information regarding conditions of service is a short summary of the various extensive statutory measures at the time of going to press of this document and the complete and most recent intentions cannot be provided here. The information should only be regarded as broad guidelines as the prevailing and original statutory measures will be defining in all disputes. If a member is unsure about any of the conditions of service or the application thereof, he or she is welcome to contact the nearest SAOU office in this regard. ♦

Acronyms and Abbreviations ACE Advanced Certificate of Education ABET Adult Basic Education and Training BCEA Basic conditions of Employment Act CAPS Curriculum and Assessment Policy Statement(s) CEM Council of Education Ministers CPI Consumer Price Index CPIX Consumer Price Index excluding bond rate CTPA Cape Teachers’ Professional Association CTU Combined Trade Union COSATU Congress of SA Trade Unions DoBE Department of Basic Education DoHE Department of Higher Education DPSA Department of Public Service and Admi- nistration ECD Early Childhood Development EE Employment Equity EEA Employment of Educators Act EI Education International ELRC Education Labour Relations Council EMS Education Management Service FET Further Education and Training FETC Further Education and Training College FETCA FET Colleges Act FETCEO FET Colleges Employer Organisation GEMS Government Employees Medical Scheme GEPF Government Employees Pension Fund GET General Education and Training HEDCOM Heads of Education Committee HEI Higher Education Institution ILC Independent Labour Caucus IQMS Integrated Quality Management System ISASA Independent Schools Association of SA ITU Independent Teachers’ Union LOLT Language of Learning and Teaching LRA Labour Relations Act LTSM Learning and Teaching Support Materials

MEC Member of Executive Council NAPTOSA National Professional Teachers’ Organi- sation of SA NATU National Teachers’ Union NC(V) National Curriculum (Vocational) NCS National Curriculum Statement NEPA National Education Policy Act NSC National Senior Certificate NTA National Teaching Awards OBE Outcomes-Based Education OSD Occupation Specific Dispensation PAIA Promotion of Access to Information Act PAJA Promotion of Administrative Justice Act PAM Personnel Administration Measures PED Provincial Education Department PELRC Provincial Education Labour Relations Chamber PEU Professional Educators’ Union PFMA Public Finance Administration Act PI Post Level PMDS Performance Management and Development System PSA Public Servants Association PSCBC Public Service Co-ordinating Bargaining Council QLTC Quality Learning and Teaching Campaign REQV Relative ED Qualification Value SACE South African Council for Educators SADTU South African Democratic Teachers’ Union SAOU Suid-Afrikaanse Onderwysersunie SAQA SA Qualifications Authority SASA SA Schools Act SDA Skills Development Act SDL Skills Development Levy SGB School Governing Body SMT School Management Team TLI Teacher Laptop Initiative WSE Whole School Evaluation

2015 School Calendar Inland Provinces: Gauteng, Limpopo, Mpumalanga, North West Free State

Term Duration No of Weeks

No of Days No of Public and School Holidays

Actual No of School Days

1 (12) 14 January 2015 until 25 March 2015

11 (53) 51 0 (53) 51

2 13 April 2015 until 26 June 2015

11 55 3 + 1 51

3 20 July 2015 until 2 October 2015

11 55 2 + 1 52

4 12 October 2015 until (11) 09 December 2015

9 (45) 43 0 (45) 43

Total 42 (208) 204 5 + 2 (201) 197

2015 Public and School Holidays 1 January 2015 New Years’ Day

21 March 2015 Human Rights Day

3 April 2015 Good Friday

6 April 2015 Family Day

27 April 2015 Freedom Day

1 May 2015 Workers’ Day

15 Junie 2015 School Holiday

16 June 2015 Youth Day

9 August 2015 Women’s Day

10 August 2015 Public Holiday

24 September 2015 Heritage Day

25 September 2015 School Holiday

16 December 2015 Day of Reconciliation

25 December 2015 Christmas Day

26 December 2015 Day of Goodwill

2015 School Calendar Coastal Provinces: Eastern Cape, KZN, Northen Cape, Western Cape

Term Duration No of Weeks

No of Days No of Public and School Holidays

Actual No of School Days

1 (19) 21 January 2015 until 1 April 2015

11 (53) 51 0 (53) 51

2 13 April 2015 until 26 June 2015

11 55 3 + 1 51

3 20 July 2015 until 2 October 2015

11 55 2 + 1 52

4 12 October 2015 until (11) 09 December 2015

9 (45) 43 0 (45) 43

Total 42 (208) 204 5 + 2 (201) 197

2015 Public and School Holidays 1 January 2015 New Years’ Day

21 March 2015 Human Rights Day

3 April 2015 Good Friday

6 April 2015 Family Day

27 April 2015 Freedom Day

1 May 2015 Workers’ Day

15 Junie 2015 School Holiday

16 June 2015 Youth Day

9 August 2015 Women’s Day

10 August 2015 Public Holiday

24 September 2015 Heritage Day

25 September 2015 School Holiday

16 December 2015 Day of Reconciliation

25 December 2015 Christmas Day

26 December 2015 Day of Goodwill