NB: Every province does have their own policies.

How does the prosses work?

1. The new school must have a vacant possession.

2. You must have the forms for the transfer, within the province or inter provincial, be completed by both the principals and the School Governing Bodies.

3. Make copies of all the documentation and hand the originals in at your current district office’s HR division.  You have to follow up with them.

What are my rights?

Normally transfers will not be approved during the fourth term of the school year, but try the prosses, maybe it will be approved.  You may only be transferred with the approval of your current district office in conjunction with the new district office.

What may and may not be done?

Your principal may not refuse your application, the principal is your supervisor and not your employer. Your employer (the Department of Education / District Office) may not approve your application.  VERY IMPORTANT: You may never move to the new school before you received an official “release” letter from your current district office. You MUST stay at your current school until you received this “release letter”.

How long will it take for approval?

Normally the prosses should be finalised within three months.

What letters are needed?

Contact your current district office to obtain the correct transfer application forms. It may differ from province to province.

Any Advice?

Do not move to the new school without approval and the release letter, even if you really want to report to the new school.  NEVER resign. It may have negative implications for you.

Contact our office before you consider resignation, the re-appointment regulations have changed during September 2018.  We will be able to advise if resignation can be an option.

SAOU Service Centre 012 023 133.

Definitely. The Head of Education in a Province may use Art. 6B where temporary educators can be converted to permanent status after a certain period of time (usually 12 months). The governing body of the school must make the recommendation to the HOD. The application of this rule differs from province to province concerning the applicable service period before a recommendation for conversion can be submitted. A further requirement will be that this temporary educator should have been appointed in a vacant substantive post.

Under no circumstances may any departmental educator/official move from their current post, to another without a letter of Appointment the specific province's HOD or his/her delegate. If you are transferred from one province to another, you can do so only if you have the letters of approval from both schools. The Governing Bodies of both schools, as well as principals and District Directors must recommend the transfer. No educator is allowed to assume duties in another province before written approval by both provinces has been received.

An educator must be at the workplace at least 7 - 9 hours a day, i.e. 35 hours a week.

School Governing Body appointed personnel:  In terms of the Basic Conditions of Employment, an employee may not work longer than 45 hours a week. If the events described above fall within this guideline, they may be made compulsory, but this only applies to individuals earning under the threshold. (Currently the threshold is (R 205 433.00 per annum.)

Departmental appointed personnel:  The PAM Chapter A2 to A7 determines the duties of educators. You are required to work at least 1800 hours per annum. Only the DoE is entitled, under certain conditions, to require teachers to attend professional development workshops to a maximum of 80 hours/year outside the normal school day or during school holidays. The DoE needs to furnish these invitations a term ahead of time. If the educator is unable to attend, a written apology must be submitted to the DoE.

No teacher has the legal right to appoint a replacement to take over his / her work for a period of time. Only the DOE or Governing Body can make appointments at schools and only the two parties can compensate a replacement. The Principal may under no circumstances force a teacher to perform such an action. If the leave is rejected on this principle, the teacher may declare an official grievance. It must be remembered that leave is a privilege and subject to the set requirements.

There are several rules in the PAM influencing this question and that need to be taken into account. It is important to provide a clear breakdown of all service periods. This includes: 

Service certificates with start and end dates.

Current salary notch;

Reason for termination of employment;

IQMS documentation;

Whether the service was Governing Body/Private School or the DoE?

Departmental appointed educators: The Employment of Educators Act approves a term's (approximately 90 days) notice. Temporary staff can give 30 days’ notice. The DoE can also give permission that it may take place at shorter notice. Please ensure that the Principal submits the letter to the DoE in order to obtain the pension payment forms. You will have to apply for the pension pay-out - it does not happen automatically. 

Remember: Always insist on a Certificate of Service from the DoE.

School Governing Body appointed educators:  The notice period for SGB appointed educators will be determined by your service contract. When it is not clearly stated in the contract then the notice is regulated by the Basic Conditions of Employment Act (Act 75 of 1997)

Less than 6 months service – 1 week;

More than 6 months but less than one-year service – 2 weeks;

More than one-year service – 4 weeks.

Yes, the DoE acknowledges previous service in the State. Please keep your salary slips. Provide proof of your previous service by means of Service Certificates or Departmental Salary slips.

Departmental appointed personnel: 

The Collective agreements that were signed on 25 September 2018 in the Education Labour Relations Council (ELRC): Recognition of previous service Collective Agreement 2 of this agreement amends par 8.5 of the PAM with effect from 25 September 2018 and has the following effect:

 • Should an educator with more than 6 years uninterrupted service, resign or retire and return to service on the same post level, such an educator shall be awarded only 6 notches as recognition of previous service. Example: A post level 1 educator with 20 years uninterrupted service resigns (salary notch 156). In the event that he/she returns to education service, he/she will be appointed on salary notch 91.

 • Any uninterrupted experience of less than 6 years will not be recognised and the educator will be reappointed on the minimum notch of the applicable post.

 • Should an educator resign or retire and later return on a lower level and has less than 6 years uninterrupted service, such an educator shall be appointed on the entry notch of the applicable post.

 Recognition of Private and / or Governing Body Service is also recognised.

Should you as Administrative Clerk move from one school to another and it is not a transfer, then you will begin at the lowest notch. No recognition for previous service will be granted.

Personnel appointed in terms of the Basic Conditions of Employment Act 

The remuneration package for SGB appointed personnel can be determined through negotiations between the employer and the employee.

Chapter 7 Section 33 of the Employment of Educators Act 76 determines

(1) Unless the educator’s conditions of service provide otherwise-

(a) An educator shall place such time as the Minister may determine at the disposal of the employer;

(b) No educator shall without permission of the employer perform or undertake to perform ruminative work outside the educator’s duty or work;

(c) No educator may claim additional remuneration in respect of any official duty or work which the educator-

(i) Performs voluntarily; or

(ii) Has been ordered to perform by a competent authority.

It is also important to distinguish that this does not include remunerative duties as determined in terms of Sec 38A of the South African Schools Act.

Thus, you have to apply to do remunerative work in terms of Sec 33 of the Employment of Educators Act.

Answer:  Yes.  You may resign directly without working your notice period on only two occasions, namely

1. Maternity leave

2. Sick leave

It is not needed to work your notice period as in normal circumstances.  The employee must give notice to the principal as soon as possible before your maternity leave and sick leave expire.  If the employee experience any problems at the school, he/she can submit the documentation directly at the district office.  Please note:- all documentation for  your pension application must be submitted as well.

Item H 8.12 of the Personnel Administrative Measures (PAM) (Employment of Educators Act 76 of 1998) provides that an educator is entitled to 3 days' paternity leave per calendar year when the educator's spouse or partner gives birth to a baby. The educator can also apply for his / her five days family responsibility leave in terms of item H.10.1 of the PAM. This leave will only apply the moment the baby is born and thereafter. Note that this leave need not be taken concurrently but at any time within the first year after the baby.

PAM Collective Agreement 4 & 5 of 2003 (for appointments before 25 Sept 2018) Recognition of previous experience is given. (Keep your salary advices). Your salary notch will be the same as your resignation notch - not the same amount, the same notch. Recognition of previous experience is also given to educators for service in Governing Body posts or private schools or overseas institutions (Including tertiary institutions). Collective Agreement 4/2003: Example of recognition: SGB experience from 1 April 2003 to 31 Dec 2006 = 3 extra years = 3 extra notches.) This only applies to teachers who get their FIRST departmental appointment.

The member must give written notice to the to the principal of his / her intention to resign.  The resignation period is (30 days for SGB appointees or as stipulated in their contract, Departmental appointees must give 90 days’ notice in terms of Section 15 of the Employment of Educators Act). The member must apply to GEPF for the pay out of the his / her pension.  The member will forfeit the savings in the GEHS and the medical benefit when resigning.

1. The World Health Organisation recommends breastfeeding for the first six months of an infant’s life. In support of this recommendation numerous countries have adopted maternity protection legislation. Employers are urged to accept that studies have shown that workplace support for breastfeeding reduces absenteeism and increases job satisfaction, which in turn ensures employee productivity. 

2. The relevant legislation sets the tone for how employers should support mothers with breastfeeding in the workplace, it is however important to take note that each employment sector’s functionality differs. 

3. It is therefore important that employers take the necessary steps to ensure that they comply with legislation while facilitating successful management of breastfeeding. This can be achieved by developing a written breastfeeding policy aligned with the applicable legislation while considering the demands of the specific sector.

4. In South Africa the primary legislation to consider in this regard is the Basic Conditions of Employment Act, 75 of 1997, with specific reference to section 87(1)(b). In terms of this section the Code of Good Practice on the Protection of Employees During Pregnancy and After the Birth of a Child was developed and adopted.

5. In paragraph 5.13 of the Code it states as follows:

a. “Arrangements should be made for employees who are breast-feeding to have breaks of 30 minutes twice per day for breast-feeding or expressing milk each working day for the first six months of the child’s life.”

6. This clearly guarantees that mothers should be granted breastfeeding breaks accordingly. When specifically considering the education sector, which has a highly controlled working programme guided by scheduled class times and breaks with basically no to little flexibility, the question arises of how, where and when these nationally legislated breaks can be implemented. 

7. It is advisable for educators to attempt taking these breastfeeding breaks during the allocated break times of the school, alternatively the following strategies may be discussed with the employer for consideration:

a. adjustment of the educator’s timetable to meet temporary breastfeeding needs;

b. providing substitute teachers to oversee learners in order to facilitate breastfeeding.

8. The second aspect deals with the requirements of a private space to breastfeed or express breastmilk. The employer needs to identify a suitable and private space for mothers to facilitate breastfeeding. The breastfeeding space can be as basic or advanced as desired based on the employer’s resources and staff needs. 

9. Ideally, a dedicated small room for the purposes of breastfeeding or expressing breastmilk may be made available and consist of the following:

a. be clean, lockable and private; 

b. have proper lighting;

c. a comfortable chair;

d. an electrical outlet;

e. be located near a source of running water.

10. Schools which do not have the resources or space to create a breastfeeding room, may suggest that teachers attend to breastfeeding in their classrooms during breaks.

11. Employers may consider including a private family room as part of new school designs or remodelling existing sick bays to multi-purpose rooms in order to create a breastfeeding space.

12. Breastfeeding employees should never be expected to express milk in a toilet stall. Toilets are unsanitary and do not provide a place to comfortably express breastmilk.

13. If within the employer’s resources, a dedicated fridge for expressed breastmilk may be allocated or employees can use personal cooler bags.

14. If an educator is uncomfortable with discussing any of the breastfeeding needs, as set out above, with the Employer (Principal) it is advisable to have a breastfeeding advocate from amongst the staff who demonstrates a familiarity with maternal needs, for example a female staff member. 

15. In conclusion, employers have to support the facilitation of breastfeeding at the workplace as far as possible within the given legislation, code of good practice and their available resources and limitations. 

Interesting information regarding medical subsidy.

• Attached is 2023's medical subsidy for all GEMS members.

• If an employee is on a medical fund other than GEMS, the subsidy will still be a one-off amount of R1014.00, regardless of how many dependents the member has. (This is mainly for older staff who are still employed)

• New departmental staff - appointed after GEMS was established - will not receive any subsidy if they are on a medical fund other than GEMS.

• Upon retirement, all pensioners will move down to the cheapest salary band of their medical plan at GEMS regardless of whether his/her monthly pension is more than this salary band. All benefits remain the same.

• Persons who retire and are on other medical aid will receive the full subsidy after retirement as it applies to GEMS members.

• Take note that a person after retirement will only receive subsidy for two people - for this year it is, maximum R 3402.00 They may have more than two dependents but will have to pay the full price for the extra dependents.

• If departmental educators want to move from medical funds, please do so long before retirement or only after the pension has been sorted out and paid out otherwise it can cause incredible confusion.

• ALSO IMPORTANT:- With resignation as an option, the person may NO longer remain on GEMS.

Yes, Chapter H8 applies.

H 8.7 With effect from 1 January 2013 an eligible educator will be entitled to 8 working days prenatal leave, per pregnancy, allowing the educator to attend medical examinations by a medical practitioner or midwife, and tests related to the pregnancy.

H.8.8 An educator can utilise a full day or part of a day for pre-natal leave.

H.8.9 An educator must submit her application for pre-natal leave in advance, unless unforeseen circumstances prevent her from doing so. An application for pre-natal leave must be supported by reasonable proof that the educator attended a doctor’s appointment and/or went for tests related to the pregnancy.

H.8.10 An educator who has used all her pre-natal leave may, subject to the approval of the HoD or the DG as the case may be, apply to use available annual leave including capped leave and /or unpaid leave.

Click here to find out more

• Leave for exams/tests/research and attendance of classes during working hours 
• Leave for training in practical work
• Leave for participation in sport
• Leave for participation in culture
• Leave for unexpected natural disasters
• Leave for resettlement
• Leave for rehabilitation for substance abuse
• Leave for sexual harassment cases

This is possible but can be very expensive because you are held responsible for the entire outstanding amount, which includes the departmental share. You can contact the GEPF for a quotation and decide accordingly whether it will be worth it or not. This quotation will be based on your current salary notch. (Form Z215 is applicable and is available on the website of GEPF.

The member can make use of the GEPF’s App to follow up on the website of the GEPF.  Members will receive a sms confirming that the documentation at the Department of Education was completed.

The member must have at least 10 years government service to receive this benefit.

1.    Resignation

An educator who resigns will only receive a gratification amount. All other benefits like leave credits and housing savings (ILSF) will be forfeited. The “lump sum” can be paid out in two ways: 

I.     Direct into a bank account but tax will be deducted before the cash is deposited into the account.

II.    Direct into another acceptable pension fund of your choice without any tax deductions.

2. Normal Retirement (age 55 – 59 years)

Employee will be penalised with 0,33% for each month as from retirement date to actual 60th birthday date. All other benefits as mentioned above like leave credits and housing savings (ILSF), however, will be paid out to the employee.

3. Normal Retirement (age 60-65)

Employee retires normally without penalisation and also retain all benefits like leave credits and housing savings (ILSF). Also see examples on the GEPF’s website.

Please contact the SAOU Service Centre for more information should you wish to end your service. 012 023 1333

Emanating from the collective agreement of the Public Service Co-ordinating Bargaining Council (PSCBC) Resolution 1 of 2018, and the latest adjustments to the allowance, it is important to note the following:

 • Discrimination on marital status has been abolished, i.e. that both spouses qualify for the housing allowance. 

Also read Newsflash 69/2020 for more information

You must make use of the “Individual-Linked Savings Facility (GEHS: ILSF) Withdrawal Application form.” All the instructions are available on the form.  All the links to the forms are available in the SAOU Newsflash 69 of 2020.

Firstly, the educator must enrol on the GEHS website to qualify. The savings will only pay out when an educator died, when buying a property, ending of a contract and retirement.  An educator will forfeit the savings when resigning.

At the time of resignation insist that the employer issues a Certificate of Service (Department / Governing Body / Private School). Upon re-entry submit it again to the new employer.

 The Service Certificate must contain the following:

On the letterhead of the school e.g. the Governing Body/ Private School Service period - day, month, year to date, Grades / learning areas / subjects taught; 

Make sure that it indicates that you have not taken unpaid leave;

 School stamp and signature of the Governing Body Chairperson/ Chairman of the Board and Principal.

This will be addressed in your contract.

Section 25 of the Basic Conditions of employment Act 75 of 1997 applies.

(1) An employee is entitled to at least four consecutive months’ maternity leave.

(2) An employee may commence maternity leave

(a) At any time from four weeks before the expected date of birth, unless otherwise agreed; or

(b) On a date from which a medical practitioner or a midwife certifies that it is necessary for the employee’s health or that of her unborn child.

(3) No employee may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so.

(4) An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth.

(5) An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to – 

(a) Commence maternity leave; and

(b) Return to work after maternity leave

(6) Notification in terms of subsection (5) must be given-

(a) At least four weeks before the employee intends to commence maternity leave; or

(b) If it is not reasonably practicable.

(7) The payment of maternity benefits will be determined by the Minister subject to the provisions of the Unemployment Insurance Act, 2001 (ACT 63 of 2001)

This will be addressed in your contract.

25A:  Paternity leave

(1) An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave.

(2) An employee may commence parental leave on – 

(a) The day that the employee’s child is born; or

(b) The date-

(i) That the adoption order is granted; or

(ii) That a child is placed in the care of a prospective adoptive parent by a competent court, pending finalisation of an adoptive order in respect of that child, whichever date occurs first

(3) An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to-

(a) Commence parental leave; and

(b) Return to work after parental leave

(4) Notification in terms of subsection (3) must be given-

(a) At least one month before the-

(i) Employee’s child is expected to be born; or

(ii) Date referred to in subsection 2 (b) ; or

(b) If it is not reasonably practicable to do so, as soon as is reasonably practicable

(5) The payment of parental benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act 63 of 2001).