CONDITIONS OF SERVICE

Transcription

1 CONDITIONS OF SERVICE Applicable to All New Permanent Staff Members Employed from 01 January 2012 (Academic and Support) Effective 01 JANUARY 2012 (Including all employees from the current Conditions of Service who will voluntarily migrate, effective July 2012, as approved by Council of 30 March 2012)

2 2. CONTENTS The policies and procedures referred to in this document are available on the Human Resources Website SECTION NUMBER SECTION PAGE NUMBER 0 Introduction and Definitions 4 1 PERFORMANCE MANAGEMENT 6 2 PROBATION PERIOD 6 3 REMUNERATION AND INCREMENTS HOURS OF WORK - Academic Staff - Support Staff OVERTIME AND STANDBY (SUPPORT STAFF) - Overtime - Standby SERVICE BONUS 8 7 RETIREMENT FUND 8 8 MEDICAL SCHEME 9 9 SABBATICAL (Academic Staff) LEAVE Annual Leave (Vacation Leave) - Entitlement - Encashment of Accumulated Annual Leave - Leave during Notice Period Special Annual Leave Post Graduate Research Study leave Sick Leave Special Sick Leave Maternity leave Paternity Leave Family Responsibility leave Examination Leave

3 Unpaid Leave TUITION REMISSION/STAFF BURSARY Bursaries for study and the University of KwaZulu-Natal Bursaries for study at another South African University TIME OFF TO ATTEND LECTURES NOTICE PERIODS During Probation After Confirmation of Appointment - Academic Staff - Support Staff TERMINATION OF SERVICE Retirement Early Retirement Values, Discipline and Misconduct Operational Requirements Incapacity - Medical Incapacity - Poor Work Performance Leave Gratuity on Termination of Service - Annual Leave - Gratuity payable on Death PRIVATE WORK OCCUPATIONAL HEALTH AND SAFETY RELOCATION EXPENSES ADDENDUM 16

4 Introduction and Definitions 4. Subject to the University s legal standing and responsibilities, the Conditions of Service are applicable to permanent academic and support staff members. Where indicated, certain clauses are applicable to either academic or support staff. (i) (ii) (iii) Academic Staff shall mean members of the teaching and/or research staff of this University. Annual leave cycle shall mean 1 January to 31 December. Appropriate Authority shall mean members of the Management of the University to whom authority has been delegated by Council to approve matters relating to human resource issues and includes, where applicable, the appropriate Dean, Divisional Head or Head of School/Department. (iv) BCEA shall mean Basic Conditions of Employment Act 75 of (v) (vi) Calendar year shall mean 1 January to 31 December. Centre shall mean the Pietermaritzburg or Durban metropolitan area. (vii) Collective Agreement shall have the meaning assigned to it by the Labour Relations Act 66 of (viii) (ix) (x) (xi) Council shall mean the Council of the University of KwaZulu-Natal. Dependent Children shall mean biological or legally adopted children who are financially dependent on the staff member. Domestic Partner shall mean a life partner to whom the staff member is not married, where the relationship has been attested to in a Domestic Partnership Agreement. The terms Domestic Partner, Spouse, Husband and Wife shall be interchangeable wherever they appear in this document or any collective agreement or policy document regulating conditions of service. Domestic Partnership Agreement shall mean an agreement in writing between a staff member and his/her domestic partner in which they attest to the existence of a domestic partnership agreement between them, or any other agreement in which any of the following matters is regulated (a) any duty of support between them; (b) any arrangement whereby they are to share in any increase in their personal estates which may occur during the existence of the relationship; (c) the division of commonly owned assets upon termination of the relationship between them; but shall not include any agreement of a purely commercial nature. (xii) Flexi-time shall mean the advancement or delay of the official starting and finishing time by up to 45 (forty-five) minutes on any working day provided that work may not commence before 07:15 or later than 08:45.

5 (xiii) (xiv) 5. Fund Salary shall have the meaning assigned to it as defined in the approved Retirement Fund Rules. JBF shall mean the Joint Bargaining Forum comprising representatives of the University Administration and all recognised unions. (xv) Non-Accumulative leave is annual leave entitlement which cannot be accumulated beyond six (6) months after the Calendar Year in terms of the CoS. Accumulative leave is leave granted in excess thereof. (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) Permanent Appointment shall mean any appointment to an established post approved by Council, and made in terms of these Conditions of Service. Permanent Staff Member shall mean a full-time or part-time staff member appointed to an established post approved by Council on a permanent basis. Poor Work Performance shall mean failure to meet a performance standard. Private Work shall mean any work or service related to the academic or professional field in which the staff member is employed by the University which falls outside of the contractual obligations of the employee to the University. R.E.A.C.H is an acronym representing the University s values which are; Respect, Excellence, Accountability, Client orientation, and Honesty. Sabbatical shall mean a prolonged absence from work in the career of an academic employee granted, on the fulfilment of stipulated conditions for the purposes of approved scholarly or creative activity for professional development or research purposes. Senior management means, for the purpose of these Conditions of Service, the Vice Chancellor, the Deputy Vice-Chancellors, the Registrar, the Deans, Directors, Professors and the administrative positions equivalent or senior to Peromnes level 5 (both academic and support posts). Shutdown Period refers to the period in the latter part of the month of December and early January of the following year which may be declared by the University each year as a period of closure. This period is inclusive of the annual leave entitlements and may be declared due to operational requirements. Should an employee take all their annual leave before the shutdown period for the year, then the shutdown period will be treated as unpaid leave. Staff Member shall mean a permanent full-time or part-time staff member appointed to the University in terms of these Conditions of Service. (xxv) Support Staff shall mean staff members appointed and remunerated within Peromnes levels 1 to 17, who do not participate directly in academic lecturing. (xxvi) The University shall mean the University of KwaZulu-Natal. (xxvii) TRP shall mean Total Remuneration Package which is the total cost to employer less statutory costs. (xxviii) Tuition Fees shall mean course fees only and does not include registration fees, course material, notes etc.

6 6. 1. PERFORMANCE MANAGEMENT 1.1 All staff shall participate in the University s Performance Management Programme and remain subject to the scope and application of the Performance Management Policy. 1.2 New employees shall have a signed Performance Agreement within the first 30 days of employment. 1.3 All employees promoted to a higher level shall have a signed Performance Agreement within the first 30 days from the date of promotion. 2. PROBATION PERIOD 2.1 The permanent appointment of an Academic Staff member will be subject to twenty four (24) months probationary service and six months for Support Staff, unless both the Executive Director Human Resources and the responsible Executive Line Manager by written approval grants exemption from this requirement in whole or in part, taking into account staff member s previous employment records and any other factors relevant to performance in the new post. 2.2 During this period all employees must have a formal Performance Agreement, which is to be reviewed every six months or in line with University performance review timelines. For an employee to be confirmed into permanent, a satisfactory performance (Fully Meeting Expectations) must be achieved for all reviews. 2.3 The appointment of staff members shall be automatically confirmed after the approval and signoff of satisfactory performance as per University Guidelines for Performance Management, for the duration of the probationary period. 2.4 In the event of a staff member taking leave in excess of 90 (ninety) working days whilst on probation, the probationary period may be extended for a further period, to a maximum of (90) days. 2.5 In the event of incapacity (including poor work performance as defined in the Labour Relations Act) on the part of a probationary employee, such staff member and the incapacity shall be dealt with in accordance with any collective agreement relating to such matters and/or with the applicable provisions of the Labour Relations Act applicable at that time. 3. REMUNERATION AND INCREMENTS 3.1 All remuneration and incentives shall be based on the Institutional Performance and Affordability as determined by Council and the Remuneration Committee. 3.2 Salaries and allowances to be paid to staff members shall be determined in accordance with salary ranges approved from time to time by Council through the Remuneration Committee.

7 Staff members will be remunerated on a Total Remuneration Package (TRP) basis, the details of which shall be set out in the staff members' letters of appointment or, if subsequently revised, in a remuneration package restructuring letter. 3.4 The University is committed to general salary increase negotiations annually through the JBF and the outcome thereof shall be applicable to all staff up to and including Peromnes grade The University through Remuneration Committee of Council (REMCO) reserves the right to not grant a general salary increase in respect of staff salaries that are higher than the midpoint of the salary range one or more levels above the current Peromnes level relevant to their post. 3.6 The affected employee shall be informed by the Human Resources Division, prior to the conclusion of the general salary increase. 3.7 The annual general salary increase of Senior Management staff (staff members from both the academic and support sectors) shall be determined by Council through the University Remuneration Committee and shall not be subject to negotiation at the JBF. 4. HOURS OF WORK 4.1 Academic staff Academic staff members are required to carry a workload in respect of teaching, research, administration and community engagement that will be determined by the relevant College Academic Affairs Board and approved by Senate The hours of work in respect of academic staff members must average 40 (forty) hours per week, pro-rated for staff appointed on a part-time basis, over a calendar year. Other than specific attendance requirements for the purposes of their academic obligation, this provision shall not be taken to imply a specific office attendance requirement and may be regulated from time to time by the appropriate authority Academic staff members may be required to undertake additional work or to supervise part-time or evening classes during the week or on week-ends, in accordance with the applicable provisions of the Basic Conditions of Employment Act and/or in terms of any collective agreement regulating such work. 4.2 Support Staff The official University hours are 08:00 to 16:30. The official hours of duty of a staff member on working days, unless otherwise stated in the staff member's letter of appointment, shall be as follows: Full-time: Mornings only: Afternoons only: 08:00 to 16:30 (7½ hours plus one hour lunch break) 08:00 to 13:00 (5 hours) :00 to 16:30 (2½ hours) Half-day: 08:00 to 11:45 or 12:45 to 16:30 (3¾ hours)

8 8. provided that this paragraph shall not apply in the case of staff members who are required to work a shift system or to work outside official hours The above working hours do not include breaks (for example: smoke or tea) which are granted at the discretion of the appropriate authority. Where such breaks are granted, the hours shall be extended accordingly at the discretion of the appropriate authority Notwithstanding the provisions of paragraph 4.2.1, the hours on duty of a staff member may be prescribed by the appropriate authority, provided that the actual working hours per working day shall be 7½ (seven and a half) hours for full-time staff members, 5 (five) hours for mornings only staff members, 2½ (two and a half) hours for afternoons only staff members and 3¾ (three and three quarter) hours for half day staff members The official University hours referred to in paragraph may be varied with the written approval of the appropriate authority by application of flexi-time as defined. Permission to work flexi-time shall be at the sole discretion of the appropriate authority concerned and may be refused, withdrawn or varied at any time on reasonable grounds In terms of the Basic Conditions of Employment Act a minimum of a half hour break must be taken after working a period of 5 hours. 5. OVERTIME AND STANDBY (Support Staff) In exceptional circumstances, the services of a staff member shall, within reason, be available to the University outside of normal working hours. 5.1 Overtime Payment or time off in lieu of overtime shall be in accordance with the University Policy which shall be based on the Basic Conditions of Employment Act. 5.2 Standby 6. SERVICE BONUS In certain instances, there may be a need for support staff to be on standby. In such an event, details thereof will be included in the staff members letters of appointment. Staff on standby will be remunerated in accordance with prevailing University policy. A service bonus, which is included in a staff member s TRP, may on written request, be paid annually in the staff member's birthday month and will be based on the staff member's pensionable salary for that month. In such instances, the service bonus will be pro-rated in the first and the last year of service. Alternatively, the service bonus may, on written request, be paid monthly in the staff member s salary.

9 7. RETIREMENT FUND All new permanent staff members are required to join the University of KwaZulu-Natal Retirement Fund (UKZNRF) and agree to be bound by its rules Monthly contributions to the Retirement Funds will, be included in an agreed total remuneration package and will be paid in terms of the rules of the fund and prevailing tax laws. 8. MEDICAL SCHEME 8.2. Membership All permanent staff members are required to join a Council approved Medical Scheme unless they are registered dependants on their spouse/registered domestic partner s Medical Scheme. Such staff members shall provide reasonable proof of such membership Contributions Monthly contributions to the medical scheme will be included in an agreed total remuneration package and will be paid by the University in accordance with the principles governing the scheme and prevailing tax laws and in line with the agreement as per resolution by Council Membership on Termination of Service Membership of the Medical Scheme may continue, at the cost of the employee or the relevant insurer, on termination of service as a result of retirement; early retirement; permanent total disability and for dependants, on the death of the Principal Member. 9. SABBATICAL (Academic Staff) Sabbatical provides a means for academic staff members to increase their knowledge, further their research, stimulate intellectual interests and strengthen networks with the global community of scholars, thus enhancing their contribution to the University on their return Sabbatical shall accrue from the date of appointment at a rate of 2.75 (two and three-quarter) working days per month and shall be granted in terms of the University s prevailing Sabbatical Leave policy Staff members who join the University immediately after leaving another University, State or Parastatal institution as a permanent staff member, may transfer 50% of the balance of sabbatical standing to their credit from the previous institution to a maximum of 66 (sixtysix) working days provided that they have not been paid in lieu of such sabbatical Staff members who have successfully met their agreed performance targets may, in terms of the applicable policy, be granted sabbatical subject to approval by the relevant Senior Manager. In addition, approval of the funding body is required for externally funded staff members. Applications for sabbatical leave will not be unreasonably withheld.

10 10. On termination of service, for whatever reason, sabbatical leave standing to the credit of academic staff members shall be forfeited. 10. LEAVE Leave will accrue from date of assumption of duty and will be granted in terms of the University s prevailing policy. Leave must be applied for in the prescribed manner and approval of such leave shall not be unreasonably withheld. Unless otherwise stated, all leave mentioned below will be on the staff members Total Remuneration Package (TRP) Annual Leave (Vacation Leave) Entitlement All permanent staff members are entitled to a total of 27 (twenty-seven) working days annual leave per annum which will accrue at a rate of 2.25 working days per month worked. The above entitlement is inclusive of 20 (twenty) working days non-accumulative is as stipulated in the BCEA. Such leave which must be taken by 01 July of the year following the year in which it accrued or it will be automatically forfeited on 1 August. The remaining 7 (seven) working days may be accumulated to a maximum of 60 (sixty) working days. Any leave in excess of this amount will be automatically forfeited on a monthly basis. The above entitlements are inclusive of the leave granted during the year-end shutdown period Encashment of Accumulated Annual Leave A staff member is entitled to receive payment in lieu of accumulated annual leave up to a maximum of 20 (twenty) working days per annum on condition that 15 (fifteen) working days leave has been taken during the current leave cycle. If not, the staff member must, immediately prior to submitting an application to encash leave, apply for the annual leave as stipulated in the BCEA. This leave may not be cancelled unless the staff member reimburses the University the value of the leave encashed and subsequently cancelled such encashment application in writing. Only a minimum of 5 days of leave may be encashed once per annum Leave during Notice Period Annual leave may not be taken or encashed during any period of notice of termination of employment.

11 10.2 Special Leave 11. A total of 15 (fifteen) working days per calendar year, inclusive of travel time, may be granted to allow staff members to attend professional work related meetings, e.g. conferences and workshops and to participate in national and international competitions. Leave in excess of 15 (fifteen) working days per calendar year may be approved by the appropriate authority. Such leave may be granted without pay Post Graduate Research Study Leave Staff members may apply for leave to undertake a research based course of study, at postgraduate level, relevant to their career prospects. Approval is subject to the University s prevailing Leave Policy Leave for this purpose may be granted for a minimum of 11 (eleven) consecutive working days up to a maximum of 132 (one hundred and thirty-two) consecutive working days on condition that an equivalent number of days annual leave has been applied for and granted Sick Leave Staff members are entitled to 36 working days sick leave per 3 (three) year cycle which will be granted in terms of the BCEA. The University shall be entitled to request and require evidence of medical incapacity as provided for in terms of the BCEA i.e. for sick leave of more than 2 (two) consecutive days or on more than 2 (two) occasions during an 8 (eight) week period. The medical certificate must be issued by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament. Failure to comply will result in annual leave being debited Special Sick Leave Subject to recommendation by the Disability Management Committee and approval of the Executive Director: Human Resources, staff members who are hospitalised or are deemed to be temporarily disabled by a University approved disability fund, may be granted a maximum of an additional once off period of 60 working days sick leave on full pay Maternity Leave Staff members are entitled to 90 (ninety) consecutive working days maternity leave which may be paid or unpaid. This benefit will also apply to staff members who are the primary caregivers of legally adopted children younger than 2 (two) years. Approval will be granted in terms of the University s prevailing Leave Policy.

12 10.7 Paternity Leave 12. A staff member may be granted 2 (two) days paternity leave per calendar year to be taken within one month of the birth of a child or the adoption of a child younger than 2 (two) years. This leave shall exclude any application for family responsibility leave Family Responsibility Leave Staff members may be granted 3 (three) working days leave per calendar year in accordance with the provisions of the BCEA Examination Leave Examination leave will be granted in terms of the University s prevailing Leave Policy Unpaid Leave Unpaid leave will be granted in terms of the University s prevailing Leave Policy. 11 TUITION REMISSION /STAFF BURSARY 11.1 Bursaries for study at the University of KwaZulu-Natal Staff members, their spouses/registered domestic partners and legally dependent children will be granted remission of tuition fees for approved courses of study at this University, in terms of the University s prevailing Tuition Remission Policy Bursaries for study at another South African University A bursary for tuition fees for study at another South African University may be granted exceptionally and in terms of the University s Tuition Remission Policy. 12 TIME OFF TO ATTEND LECTURES Staff members may, subject to the exigencies of their section, be granted time off during official working hours to attend lectures for a recognised course of study, approved by the appropriate authority as relevant to their career prospects in their current field, provided such time granted does not exceed 5 (five) hours per week, inclusive of travelling time, and provided further that all such time granted is worked in or the staff member submits a leave form for the time off during official working hours. This request may not be unreasonably withheld.

13 13 NOTICE PERIODS During Probation The notice periods as stipulated in the BCEA will apply i.e. one week s written notice during the first six months of employment, two weeks written notice during the following six months of employment and one calendar month s written notice at any time thereafter After confirmation of Appointment Academic Staff Service may be terminated by not less than 3 (three) months written notice by either party to be effective either 30 June or 31 December Support Staff Service may be terminated by 1 (one) calendar month s written notice by either party unless the staff member s letters of employment stipulates a different notice period. The notice periods specified above shall not apply to circumstances where the right to summary termination of the contract of employment by either the University or the staff member is recognised in law. A reduced period of notice may be granted subject to approval by the appropriate authority in consultation with Human Resources. TERMINATION OF SERVICE Subject to the provisions of these Conditions of Service, the Labour Relations Act, and any other statutory enactments, the services of staff members shall terminate or be terminated on the basis of:.1 Retirement.1.1 Staff members appointments shall terminate at the end of the calendar year in which they reach the age of 60 (sixty) years, unless staff members wish to retire at the end of the month in which they reach the age of 60 (sixty) years..1.2 Staff members may continue service on a pensionable basis, in accordance with the University s policy and procedure for the extension of employment following normal retirement age, and with the approval of the appropriate authority..2 Early Retirement Staff members reaching the age of 55 (fifty-five) years may apply for early retirement and such application may be considered and approved by the appropriate authority.

14 ..3 Values, Discipline and Misconduct All employees are expected to commit to and uphold University values R.E.A.C.H and are bound by the University's disciplinary code, as amended from time to time, a copy of which can be obtained from Human Resources..3.1 Any disciplinary action taken against a staff member shall be in accordance with a disciplinary procedure regulated by collective agreement and/or, in the absence of such an agreement, shall comply with the requirements of the Labour Relations Act, and, in particular, Schedule 8 Code of Good Practice of the Act..3.2 Pending the conduct of a preliminary investigation and/or disciplinary enquiry, a staff member may be suspended, on full pay and other benefits, by the appropriate authority if the continued presence of the staff member is likely to be prejudicial to the proper running of the University, and/or is required for the purposes of conducting a preliminary investigation and/or disciplinary enquiry..4 Operational Requirements Termination of employment on the grounds of operational requirements (retrenchment or redundancy) shall take place only in accordance with the provisions of the Labour Relations Act and/or a collective agreement which regulates such terminations..5 Incapacity.5.1 Medical Incapacity In the event of ill-health, injury or disablement, which may be determined by the rules of the University Disability Scheme, the University may, in accordance with the applicable provisions of the Labour Relations Act and the University s Medical Severance policy in this regard, terminate the services of staff members..5.2 Poor Work Performance In the event of unsatisfactory work performance, the University may, in accordance with any collective agreement relating to such matters and/or with the applicable provisions of the Labour Relations Act, terminate the services of staff members..6 Leave Gratuity on Termination of Service All calculations of leave gratuities, with the exception of the statutory requirement in the BCEA, will be based on pensionable salary..6.1 Annual Leave A leave gratuity will be paid to staff members in lieu of accumulative and nonaccumulative annual leave standing to the credit of an employee when services terminate as a result of:

15 15 PRIVATE WORK death 15. medical incapacity misconduct non-confirmation of appointment operational reasons retirement, including early retirement voluntary resignation For the purpose of the calculation of leave gratuity (payment), the maximum number of days payable will be 60 working days on termination of employment..6.2 Gratuities payable on Death Where services terminate as a result of death of a staff member, the leave gratuity mentioned above will be paid in full to the surviving spouse/registered domestic partner or, in the absence of a surviving spouse/registered domestic partner, to the deceased staff member s dependent child/children. Where there is no surviving spouse/registered domestic partner or dependent child/children, payment shall be made to the estate of the deceased. In addition, a gratuity equivalent to one month s pensionable salary shall be paid to the surviving spouse/registered domestic partner or, in the absence of a surviving spouse/registered domestic partner, to the deceased employee s dependent children. The University recognises that it is important to encourage initiative and entrepreneurship and therefore permits staff members to undertake private work (whether remunerative or not) in terms of the University s prevailing policy. 16 OCCUPATIONAL HEALTH AND SAFETY Staff members shall be required to abide by the requirements of the Occupational Health and Safety Act and the prevailing University policy in this regard. 17 RELOCATION EXPENSES Travelling and removal expenses payable in respect of staff members on first appointment and permanent relocation between Centres shall be in accordance with the prevailing University policy. March 2012