AI-assisted research summary: This provision defines key terms and sets rules for transferring employees to a municipality, including consent, municipal concurrence, leave treatment, and related payments.
1. In this Act, unless the context indicates otherwise— (i) (ii) (iii) (iv) ‘‘employee’’ means an employee as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and who was immediately before the commencement of this Act permanently in the service of a provincial administration; (iv) ‘‘MEC’’ means the member of the Executive Council of a province responsible for local government in that province; (i) ‘‘municipality’’ means a municipality as defined in section 10B of the Local Government Transition Act, 1993 (Act No. 209 of 1993); (ii) ‘‘provincial administration’’ means a provincial administration as defined in the Public Service Act, 1994 (Proclamation No. 103 of 1994). (iii) Transfer of employees 2. (1) Subject to the Labour Relations Act, 1995 (Act No. 66 of 1995), an MEC may transfer such number of employees as may be necessary for the effective administration of the municipality in question and which may be required to render efficient municipal services, to a municipality designated by the MEC with effect from a date determined by him or her by notice in the Gazette. (2) No employee may be transferred without— (a) his or her consent; and (b) the concurrence of the designated municipality. (3) If an employee is so transferred, the conditions of service of the municipality in question apply to him or her, but the conditions of service may in the aggregate not be less favourable than the conditions of service which applied to the employee immediately before. Accumulated vacation leave 3. (1) Any vacation leave standing to the credit of an employee immediately before his or her transfer must, from the date of the transfer, be regarded as leave credited to him or her in the employment of the municipality in question, subject to the cash value, on date of transfer, of such leave being adjusted to an equivalent cash value applicable to an employee of similar rank of the municipality in question. (2) (a) In respect of each employee transferred the relevant province must pay the municipality from its provincial revenue fund, the equivalent cash value contemplated in subsection (1). (b) The payment contemplated in paragraph (a) must be made within 60 days of the date on which the employee is transferred. (3) The cash value of the number of days vacation leave standing to the credit of an 5 10 15 20 25 30 35 4 employee at the date of transfer which exceeds the number of days vacation leave which an employee in the service of the municipality in question may accumulate, must be paid to the employee by that municipality at the rate applicable to the employee immediately before his or her transfer to the municipality. Pensions