Common use of THE PARTIES TO THE COUNCIL NOTE AS FOLLOWS Clause in Contracts

THE PARTIES TO THE COUNCIL NOTE AS FOLLOWS. 3.1 Employment of Educators Act, 1998 (Act No. 76 of 1998). 3.2 Section 27(2) of the Disaster Management Act, 2002. 3.3 Public Finance Management Act (Act No 1 of 1999) as amended. 3.4 Consolidated Covid-19 Direction on Health and Safety in the Workplace (Government Notice R639 of 2020; Government Gazette no. 43400 of 4 June 2020). 3.5 Sub-regulations 5(5)(d) and (e) of the Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002, specifically requires employers to adopt “special measures for employees with known or disclosed health issues or comorbidities, or with any condition which or may place such employees at a higher risk of complications or death if they are infected with COVID -19”; and “special measures for employees above the age of 60 who are at a higher risk of complications or death if they are infected with COVID-19.” (Government Gazette no. 43258 of 29 April 2020). 3.6 Provisions of Chapter G of the Personnel Administrative Measures (XXX). 3.7 ELRC Collective Agreement 1 of 2020. 3.8 The provisions of Chapter 3 of the Employment of Educators Act and particularly the following: 3.8.1 The general principle set out in section 6 (3) of the Employment of Educators Act, which provides that any appointment, promotion or transfer to the post establishment of a public school must be made on the recommendation of the governing body of that school. 3.8.2 This principle is subject to the provisions of Chapter 3 of the Employment of Educators Act, the LRA or any collective agreement concluded by the Council. 3.8.3 Section 6 and or section 8(5) of the Employment of Educators Act, provides that the employer may transfer an educator who is in addition to another post in the department that matches his/her skills in the department and experience to a school without the recommendation of the school governing body for a stated period. 3.9 ELRC Collective Agreement 2 of 2018 3.10 The provisions of Chapter 3 of the Employment of Educators Act and in particular the following: 3.10.1 The general principle set out in section 6 (3) of the Employment of Educators Act, which provides that any appointment, promotion or transfer to the post establishment of a public school must be made on the recommendation of the governing body of that school. 3.10.2 This principle is subject to the provisions of Chapter 3 of the Employment of Educators Act, the LRA or any collective agreement concluded by the Council. Section 6B of the Employment of Educators Act provides that the Head of Department may, after consultation with the governing body of a public school, convert the temporary appointment of an educator appointed to a post on the educator establishment of the public school into a permanent appointment in that post without the recommendation of the governing body. This agreement does not replace the recruitment and selection procedure as outlined in Chapter B of the XXX nor the withdrawal of SGB recommendation powers in terms of Section 20 (i) of the South African Schools Act No. 84 of 1996 (SASA). It provides for a temporary expedited procedure in the appointment of substitutes and educators additional to the staff establishment during COVID- 19 pandemic. 3.10.3 The statutory provisions shall remain in place for the appointment of substitutes and utilisation of educators appointed additional to the staff post establishment AND who are not affected by COVID- 19.

THE PARTIES TO THE COUNCIL NOTE AS FOLLOWS. 3.1 Employment of Educators Act, 1998 (Act No. 76 of 1998). 3.2 Section 27(2) of the Disaster Management Act, 2002. 3.3 Public Finance Management Act (Act No 1 of 1999) as amended. 3.4 Consolidated Covid-19 Direction on Health and Safety in the Workplace (Government Notice R639 of 2020; Government Gazette no. 43400 of 4 June 2020). 3.5 3.4 Sub-regulations 5(5)(d) and (e) of the Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002, specifically requires employers to adopt “special measures for employees with known or disclosed health issues or comorbidities, or with any condition which or may place such employees at a higher risk of complications or death if they are infected with COVID -19”; and “special measures for employees above the age of 60 who are at a higher risk of complications or death if they are infected with COVID-19.” (Government Gazette no. 43258 of 29 April 2020). 3.6 3.5 Provisions of Chapter G of the Personnel Administrative Measures (XXX). 3.7 3.6 ELRC Collective Agreement 1 of 2020. 3.8 3.7 The provisions of Chapter 3 of the Employment of Educators Act and particularly the following: 3.8.1 3.7.1 The general principle set out in section 6 (3) of the Employment of Educators Act, which provides that any appointment, promotion or transfer to the post establishment of a public school must be made on the recommendation of the governing body of that school. 3.8.2 3.7.2 This principle is subject to the provisions of Chapter 3 of the Employment of Educators Act, the LRA or any collective agreement concluded by the Council. 3.8.3 3.7.3 Section 6 and or section 8(5) of the Employment of Educators educators Act, provides provide that the employer may transfer an educator who is in addition to another post in the department that matches his/her skills in the department and experience to a school without the recommendation of the school governing body for a stated period. 3.9 3.8 ELRC Collective Agreement 2 of 2018 3.10 3.9 The provisions of Chapter 3 of the Employment of Educators Act and in particular the following: 3.10.1 3.9.1 The general principle set out in section 6 (3) of the Employment of Educators Act, which provides that any appointment, promotion or transfer to the post establishment of a public school must be made on the recommendation of the governing body of that school. 3.10.2 3.9.2 This principle is subject to the provisions of Chapter 3 of the Employment of Educators Act, the LRA or any collective agreement concluded by the Council. Section 6B of the Employment of Educators Act provides that the Head of Department may, after consultation with the governing body of a public school, convert the temporary appointment of an educator appointed to a post on the educator establishment of the public school into a permanent appointment in that post without the recommendation of the governing body. This agreement does not replace the recruitment and selection procedure as outlined in Chapter B of the XXX nor the withdrawal of SGB recommendation powers in terms of Section 20 (i) of the South African Schools Act No. 84 of 1996 (SASA). It provides for a temporary expedited procedure in the appointment of substitutes and educators additional to the staff establishment during COVID- 19 pandemic19. 3.10.3 3.9.3 The statutory provisions shall remain in place for the appointment of substitutes substitues and utilisation of educators appointed additional to the staff post establishment AND who are not affected by COVID- 19COVID-19.