Protection of Businesses Act, 1978
R 385
Border Management Authority Act, 2020 (Act No. 2 of 2020)Chapter 10 : Transitional Provisions37. Transfer of employees from organ of state to Authority |
| (1) | If an employee is transferred from an organ of state to the Authority— |
| (a) | the transfer does not interrupt the employee’s continuity of service; |
| (b) | the employee may not, upon transfer, suffer any reduction in remuneration, pension and retirement benefits or amendment of conditions of service; |
| (c) | the transfer does not affect any disciplinary proceedings pending against that employee and must be finalised as if the transfer had not occurred; and |
| (d) | the transfer must be effected in accordance with fair labour practices. |
| (2) | For purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), the Labour Relations Act and the Public Administration Management Act, 2014 (Act No. 11 of 2014), no change of employer must be regarded as having taken place by virtue of the transfer referred to in subsection (1). |
| (3) | If there is any dispute arising from the interpretation or application of this section, that dispute must be referred to the Labour Court for determination. |
