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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

45. Undergraded posts

 

(1) If the job weight demonstrates that a post is undergraded and the department's budget and the medium-term expenditure framework—
(a) provides for sufficient funds, an executive authority shall increase the grade of the post to a higher salary level; or
(b) does not provide for sufficient funds, an executive authority shall redesign the job to equate with the grade of the post prior to regrading.

 

(2) If an executive authority increases the grade of a filled post as provided under subregulation (1)(a), he or she shall continue to employ the incumbent employee in the higher-graded post without advertising the post if the incumbent—
(a) already performs the duties of the post;
(b) has received a satisfactory rating in his or her most recent annual moderated and approved performance assessment in the post and where the incumbent has not yet been assessed, his or her performance shall first be assessed to determine whether the performance is satisfactory;
(c) meets the inherent requirements of the post; and
(d) has been in the post for at least twelve calendar months.

 

(3) The higher salary applicable to the incumbent employee in the higher-graded post as provided under subregulation (2) shall take effect on the first day of the month following the month of approval by the executive authority in terms of subregulation (1).

 

(4) If the incumbent of a higher graded post continues to be employed in terms of subregulation (2), his or her commencing salary shall be set at the minimum notch of the higher salary level or at such salary that he or she received prior to the regrading, whichever is the higher.

 

(5) If an incumbent employee is not continued to be employed in the upgraded post as provided for in subregulation (2), an executive authority shall—
(a) redesign the job to equate with the grade of the post before it was regraded; or
(b) transfer the incumbent to another suitable post of an equivalent grade to the post that he or she occupied before it was regraded.

 

(6) Any transfer of an employee in terms of subregulation (5)(b) shall—
(a) not alter the place of work of the employee without his or her consent; and
(b) be effected by no later than the first day of the month following the month of the approval by the executive authority in terms of subregulation (5).