Eskom Conversion Act, 2001
R 385
South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsSouth African Police Service Employment Regulations, 2018Chapter 4 : Employment MattersPart 1 : Creation of posts, job descriptions and job evaluation30. Grading of posts and determination of salaries |
| (1) | This regulation does not apply to a post determined in terms of an OSD, unless the OSD determines otherwise. |
| (2) | The National Commissioner must determine the grade of a post to correspond with its job weight except in the case of a post in respect of which the National Commissioner, after consultation with the Minister, determined the grade in terms of regulation 29(2)(c), and set the commencing salary of an employee on the minimum notch of the salary level attached to the relevant grade, unless the salary proves inadequate under the criteria in subregulation (4). |
| (3) | If the National Commissioner plans to evaluate posts or implement job evaluation results that will affect the grading of an occupation or salary level within an occupation that is utilised by more than one department, he or she must do so in consultation with the Minister who must consult the Minister of Public Service and Administration. |
| (4) | If a job has a weight that applies to more than one salary level, the National Commissioner must determine which of the relevant salary levels to use. |
| (5) | The National Commissioner may set the salary for a post or an employee above the salary level indicated by the job weight, if he or she— |
| (a) | has evaluated the job, but cannot recruit or retain an employee with the necessary competencies at the salary indicated by the job weight; and |
| (b) | recorded the reason why the salary indicated by the job weight, was insufficient. |
| (6) | The setting of a higher salary notch, as contemplated in subregulation (5) to retain an employee (herein called the "counter offer') will 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 Service 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 will not exceed the salary level of the post. |
| (7) | The setting of a higher salary notch, as contemplated in subregulation (5) to recruit an employee may only take place on the first day of the month following the date of approval if— |
| (a) | the National commissioner has complied with the process contemplated in subregulation 45; |
| (b) | the employee occupied an equally graded post immediately before the date of appointment; |
| (c) | the higher salary will not exceed that of the employee immediately prior to appointment; and |
| (d) | the higher salary will 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 of any other provision of the Act. |
| (8) | If an employee is awarded a higher salary notch or a higher salary level in terms of subregulation (5) to (7), he or she may not be disqualified from progression to a higher notch or grade if he or she meets the requirements for such progression. |
| (9) | If the job weight demonstrates that a filled post is overgraded or undergraded, the National Commissioner must either effect changes to the work organisation or regrade the post according to the job weight and the relevant collective agreements. |
| (10) | The National Commissioner may, increase the salary of a post to a higher salary level in order to accord with the job weight, if— |
| (a) | the job weight as measured by the job evaluation system indicates that the post was graded incorrectly; and |
| (b) | the budget of the Service and the medium-term expenditure framework provide sufficient funds. |
| (11) | If the National Commissioner increases the salary of a post as provided under subregulation (10), he or she must transfer the incumbent employee to another post that accords with the salary level of the employee and advertise the vacant post at the higher salary level: Provided that the National Commissioner may continue to employ the incumbent employee in the higher-graded post without advertising the post if— |
| (a) | the incumbent already performs the duties of the post; |
| (b) | the incumbent 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 must first be assessed to determine whether the performance is satisfactory; |
| (c) | meets the inherent requirements of the post; |
| (d) | has been in the post for at least twelve calendar months; and |
| (e) | it will be in the interest of the Service. |
| (12) | If the National Commissioner decides to continue to employ the incumbent employee in the higher-graded post— |
| (a) | the absorption of the incumbent employee in the higher-graded post as provided under subregulation (11), must take effect on the first day of the month following the month during which the National Commissioner approved that absorption; and |
| (b) | the salary of the employee must be adjusted to the minimum notch of the higher salary level with effect from the date referred to in subparagraph (a). |
| (13) | As far as possible, the National Commissioner must set the salary of a permanent or a temporary employee employed in a part-time capacity proportional to the salary of an equally graded full-time employee. |
