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Public Service Act, 1994 (Act No. 103 of 1994)

Regulations

Public Service Regulations, 2016

Chapter 4 : Employment Matters

Part 1 : Creation of posts, job descriptions, job evaluation and job grading

44. Setting of higher salary

 

(1) Subject to subregulation (2) to (4) an executive authority may set the salary of an employee above the minimum notch of the salary level indicated by the job weight—
(a) if he or she has evaluated the job;
(b) if he or she requires to retain or recruit an employee with the necessary competencies; and
(c) he or she shall record the reason why the higher salary was awarded.

 

(2) The setting of a higher salary notch, as contemplated in subregulation (1) to retain an employee (herein called the "counter offer") shall only take place on the first day of the month following the date of approval, if—
(a) the employee has received an employment offer (herein called the "external offer") from any other body or organ of state;
(b) the department has verified the validity and content of the external offer;
(c) the counter offer made is limited to the salary notch closest to the external offer; and
(d) the counter-offer shall not exceed the salary level of the post.

 

(3) The setting of a higher salary notch, as contemplated in subregulation (1) to recruit an employee shall only take place on the first day of the month following the date of approval if—
(a) the executive authority has complied with the process contemplated in regulation 64;
(b) the employee occupied an equally graded post immediately before the date of appointment;
(c) the higher salary shall not exceed that of the employee immediately prior to appointment; and
(d) the higher salary shall not exceed the salary level of the post, unless such employee has been awarded a higher salary attached to the grade of the post in terms any other provision of the Act.

 

(4) If an employee is awarded a higher salary notch or a higher salary level in terms of subregulation (1) to (3), he or she shall not be disqualified from progression to a higher notch or grade if he or she meets the requirements for such progression.