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Employment of Educators Act, 1998 (Act No. 76 of 1998)

Regulations

Regulations regarding the Terms and Conditions of Employment of Education

Chapter 2 : General Conditions of Service and Salaries

Appointment, Promotion, Transfer and Termination of Service

3. Appointment on probation

 

(1)
(a) An educator shall be appointed on probation for a period of at least 12 months, which period may be extended, on good cause shown, for a further period not exceeding 12 months.
(b) An employer may approve the transfer or promotion of an educator during his or her period of probation: Provided that such transfer or promotion will be on probation and such probation may be for a period of less than 12 months if such period together with the probation served in the former post, shall total at least 12 months.
(c) The employer may, if it is deemed necessary, require that the promotion of an educator employed in a permanent capacity, be on probation: provided that the conditions in paragraphs (a) and (b) shall apply.

 

(2) The probation period of an educator shall be extended by the number of days leave of whatever nature taken by him or her during a probation period or any extension thereof: Provided that a school holiday shall not be considered as leave for the purposes of this subregulation.

 

(3) If the head of the relevant institution or office certifies that during his or her probation period or extended probation period, such educator has been diligent and his or her conduct uniformly satisfactory and that he or she is in all respects suitable for the post which he or she holds, the employer may confirm the permanent appointment, transfer or promotion if the educator has complied with all the conditions to which his or her appointment, transfer or promotion was subject.

 

(4) For the purposes of subregulation (1) an appointment on probation shall, notwithstanding the fact that the period during which it was in force has expired and notwithstanding anything to the contrary contained in that subregulation, be deemed to continue until the educator concerned is notified in writing by the employer that his or her probationary appointment—
(a) has been confirmed; or
(b) has not been confirmed; or
(c) has been extended for a further period:

Provided that a notification contemplated in paragraphs (a), (b) and (c) shall be directed to the educator not later than six months after the expiry of the period of his or her probationary appointment, and that when the period of probationary appointment is extended for a further period, that further period shall be computed from the date of which the first-mentioned period would have expired by effluxion of time in terms of subregulation (1).

 

 


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