29 September 2000
The 2000/2001 negotiations on the improvement of the conditions of service for the public service concluded with an agreement on the 21st September 2000. This agreement was formally ratified on 29th September 2000. The agreement contains both substantial and process issues. The substantial issues will be implemented immediately, while the process issues will be dealt with in terms of the timeframes detailed below.
1.1 Annual increase
The annual wage increase for the 2000/2001 financial year will be an average of 6.5% of which 0.5% will be paid on a sliding scale.
1.2 Common pay day
A joint task team (both government and union representatives) will be established to investigate of a common pay date in different sectors. The task team will complete its work by 31st January 2001 and will submit recommendations to the Public Service Co-ordinating Bargaining Council (PSCBC) by 15th February 2001.
1.3 Birthday bonus payment
Employees whose birthdays fall between January and March of each year will receive their 13th cheque in their birthday month and not in April of each year. This process will be phased in over three years.
1.4 Payment of 13th cheque
The 13th cheque payment to employees will be equal to one month’s salary and all contribution obligations on the parties in this regard will lapse.
1.5 Pay Progression
The present rank and leg promotions will be terminated by 1st July 2001 or earlier, if a new pay progression system is agreed on before the 1st July 2001.
Educators will receive a once-off non-pensionable bonus of R850 in addition to their general salary increases.
Employees will receive R850 across the board if a pay progression system is not agreed on and implemented by 1st July 2001. (If a pay progression system is not agreed on in subsequent years, the amount of R850 will be increased according to inflation.)
The backlog of rank and leg promotions will be paid within four years.
2. Benefits
2.1 Housing benefit and Medical Assistance:
Two joint task teams (both government and union representatives) will be established to facilitate an in-depth investigation on public service housing benefits and medical assistance system. The terms of reference for both task teams have been agreed upon and the investigations will be completed by 31st January 2001. Detailed reports on the recommendations for the housing benefits and medical assistance system will be submitted to the PSCBC for negotiations on 15th February 2001.
2.2 Pension Restructuring:
A joint task team (both government and union representatives) will be established to facilitate the restructuring of the public service pension benefits. The terms of reference for the task team have been agreed upon and the task team will complete its report by 31st January 2001. This report will be submitted to the PSCBC for negotiations on 15th February 2001.
3. Leave
3.1 Annual leave:
22 working days have been granted for the purpose of leave. If Saturdays & Sundays are included the 21 working days will translate into 30 days
The annual leave dispensation that has been agreed upon by parties will provide a framework that will be developed in line with service delivery requirements of each sector.
Employees will accrue 22 leave days per annual leave cycle.
A period of 10 working days leave per annual leave cycle will be a compulsory requirement. The utilisation of this leave must take into account sectoral service delivery requirements.
The remaining days will be utilised within an 18-month period. All remaining unused leave will fall away thereafter. However, where leave due is not taken due to the employer’s service delivery requirements, such leave will be paid at the end of the 18 months period.
Departments will not unreasonably refuse to grant leave to employees, who apply, taking into consideration service delivery requirements.
3.2 Normal sick leave
An employee will be granted 36 working days sick leave with full pay in a three-year cycle.
The employer will require a medical certificate from a registered medical practitioner if three or more consecutive days are taken as sick leave
Unused sick leave credits will lapse at the end of three-year cycle.
3.3 Disability management leave
Temporary disability
An employee who has exhausted all his/her normal sick leave, but requires to be absent from work due to a non-permanent disability may be granted sick leave. However, such an employee must inform is/her supervisor about his/her illness and also provide a medical certificate that has certified such a condition.
Permanent disability
An employee whose degree of disability has been certified as permanent will be granted a maximum of 30 working days sick leave. Or, such time that may be required by the employer to finalise the investigation regarding the cause and extent of the disability.
Within 30 days the employer will establish the feasibility of alternative employment or adapting duties to accommodate the disability.
Leave for occupational injuries
An employee who suffers from an occupational injury or contracts an occupational disease will be granted occupational injury leave and disease leave for the duration they cannot work.
Family responsibilities leave:
An employee will receive three paid working days leave per annum when his/her spouse/life partner gives birth to a child or is sick.
In the event of death of an employee’s spouse/life partner or a family member, five days paid leave per annum will be granted.
Maternity leave:
An employee will receive four months paid maternity leave for each confinement.
The agreement makes for provision for extension of this leave due to complications - in such a case, the employee can use the available vacation leave or be granted up to 184 days unpaid leave or utilise existing sick leave due to her.
An employee who experiences a miscarriage, still birth or termination of pregnancy after starting paid maternity leave will be entitled to six weeks paid leave and thereafter she may utilise sick leave.
Adoption leave:
An employee who adopts a child who is younger than 2 years will qualify for adoption leave to a maximum of 45 working days.
Special leave:
Special leave will be negotiated in the relevant bargaining councils.
This policy will provide paid leave for requirements such as study, examination, military service, resettlement due to transfer, collective bargaining or other labour relations requirement, participation in sport, sabbaticals where appropriate or any other purpose.
Leave for office bearers/shopstewards
Office bearers/shopstewards of recognised employee organisations will receive up to 10 days paid leave for activities related to his/her union position.
Unpaid leave:
If an employee has utilised all his/her vacation leave the employer may grant him/her unpaid vacation leave.
Only in exceptional cases will the employer grant more that 184 days of unpaid vacation leave in a period of 18 months
Payout for leave accrued before 1 July 2000
Employees who, in terms of the dispensation applicable prior to 1 July 2000, will retain audited leave accruals earned in terms of that dispensation. The employer will pay such accrued leaves on:
a) death,
b) retirement, or
c) medical boarding
Parties to the PSCBC will negotiate the method of calculating the value and payment of the audited accrued leave.
Where there are no records an audit will be conducted by the employer in order to determine whether there are periods which are audited or unaudited. Should there be a period which is not audited and a period which is audited then the leave payout will be paid on the basis of 6 days per completed years of service up to 100 days for unaudited leave, plus the value of the audited leave.
The employer shall allow employees to utilise their accrued leave credits accrued prior to 1 July 2000. The departments will develop procedures and measures to ensure that accrued leave is utilised in a manner that does not detrimentally affect service delivery.
4. Basic Conditions of Employment Act (BCEA)
- Government has implemented the Basic Conditions of Employment Act on the 1st June 2000. However, the government is seeking variations in respect of Sunday work and overtime. This item has been removed from the 2000/2001-wage settlement.
5. Policy
5.1 HIV/AIDS Policy
A joint task team of employer and employee parties will be established to investigate:
The development of an HIV/AIDS Policy;
Elimination of the discrimination against people living with HIV/AIDS; and
Develop appropriate training and materials for people who wok with those affected by HIV/AIDS
The team will complete its investigation by 31st January 2001 and submit recommendations to the PSCBC for negotiations by 15th February 2001.
5.2 Exit Management Tool
The Exit Management tool has been removed from 2000/2001-wage settlement. It will be dealt with in the normal PSCBC.
6. Implementation date:
Implementation date of this agreement shall be 1st July 2000
This 2000/2001 salary and benefits negotiations have been challenging with parties needing continued support from their constituencies. The Minister and Department for Public Service and Administration thank all employees and employee organisations for their support throughout this process. We hope that we will continue to enjoy your co-operation as we deal with issues referred to task teams.
Government commits itself to the ongoing conciliation process with the labour unions NEHAWU, POPCRU and NUPSAW in our attempts to bring all employee organisations into this agreement.
We thank and commend the PSCBC, facilitators, and many others for the role they have played in these negotiations. We endeavour to strengthen these relationships in our ongoing commitment towards sound labour relations and the transformation of the Public Service