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PSCBC RES 1 OF 2012

PSCBC RES 1 OF 2012. Night Shift allowance. NIGHT SHIFT ALLOWANCE. Outstanding issue from PSCBC Res 1 of 2007 The Night Shift Allowance emanates from PSCBC Res 1 of 2007 increased by 25% from R1,33 to R1,66 per hour with effect from 1 July 2007.

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PSCBC RES 1 OF 2012

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  1. PSCBC RES 1 OF 2012

  2. Night Shift allowance

  3. NIGHT SHIFT ALLOWANCE • Outstanding issue from PSCBC Res 1 of 2007 • The Night Shift Allowance emanates from PSCBC Res 1 of 2007 increased by 25% from R1,33 to R1,66 per hour with effect from 1 July 2007. • The said allowance was henceforth maintained annually on the basis of the projected CPI as at 1 April of each year. • Despite the aforegoing, there is a perception that the Night Shift Allowance is still inadequate, hence the agreement in Res 1 of 2007 to review the Night Shift Allowance.

  4. NIGHT SHIFT ALLOWANCE • PSCBC Res 1 of 2012 • Fixed fee night shift model is retained • The night shift allowance shall be increased from: • R2.12 to R2.69 per hour from 1 July 2012; • R2.69 to R3.35 per hour from 1 July 2013; • R3.35 to R 4.00 per hour from 1 July 2014. • The night shift allowance of R 4.00 per hour will be revised annually with effect from 1 April 2015, based upon the CPI for the previous year.

  5. NIGHT SHIFT ALLOWANCE • The night shift allowance will be paid to eligible employees in line with the employee’s stipulated monthly pay date. • Should part of the shift hours fall within the defined night shift period (18:00 to 06:00 or 19:00 to 07:00), the employee will receive the night shift allowance for such hours. • A pro rata night shift allowance will be paid to an eligible employee commensurate with the hours the employee has worked, provided the period of absence has been approved by the supervisor/ manager. • The night shift allowance will not be paid to an employee who has been granted a leave of absence. • Should the value of the night shift allowance exceed the value of the personal shift allowance, the personal shift allowance will cease to exist.

  6. OTHER RECOMMENDATIONS TO MPSA • All provisions related to night work and night shift allowance are now incorporated in the Determination and Directive on Working Time. • That the principle pro-rata pay adopted for night shift allowance, be extended to additional pay for ordinary work on Sunday and Public Holiday. • To include a chapter in the Determination and Directive on Working Time that will provide implementation notes on the application of the Determination & Directive

  7. LEAVE

  8. INCREASE IN ANNUAL LEAVE ENTITLEMENT • Previous Dispensation • 26 working days when 10 years of service was completed • PSCBC Res 1 of 2012 • As part of the changes in the long service recognition it was agreed that all employees with 10 or more years continued service will receive 30 working days annual leave. • All employees having 10 or more years of service as at 31 July 2012 will be eligible to 30 working days annual leave. • Employees completing 10 years service will receive 30 working days annual leave from the date the 10 years period has been completed.

  9. INCREASE IN ANNUAL LEAVE ENTITLEMENT • PSCBC Res 1 of 2012 (cont) • Annexure A to the Determination and Directive on Leave of Absence was updated to reflect this change, however specific attention is drawn to the following consequential changes flowing from this collective agreement: • The leave category for non-teaching staff at schools/training institutions is re-categorised, i.e. for employees having less than 10 years of service and employees having 10 years or more service. • The leave categories that afforded protection to more favourable annual leave benefits (i.e. 28 working days) for employees appointed prior to 1 July 1966, employees from the former provincial administrations and development boards who were taken over in the ‘80s became superfluous and are thus deleted.

  10. INCREASE IN ANNUAL LEAVE ENTITLEMENT • PSCBC Res 1 of 2012 (cont) • Since the annual leave entitlement is increased in the course of the 2012 annual leave cycle, Departments are urged to review their leave schedules with the aim of ensuring that employees utilise their entitlements before the 30 June 2013. • A new Part 3 has been added to the Determination and Directive on Leave of Absence providing implementation notes. This consequential change is explained in these implementation notes.

  11. SHOP STEWARD LEAVE • Current Provisions • Office bearers or shop stewards of recognised employee organisations are entitled to 10 working days per leave cycle for activities related to his/her union position. • Applications should be in writing with supporting evidence

  12. SHOP STEWARD LEAVE • PSCBC Res 1 of 2012 • Leave for shop stewards of recognised trade unions is, with effect from 1 January 2013, increased from 10 to 15 working days in a leave cycle. • The 15 working days shall be pooled per recognised trade union. • The Head of Department shall appoint an administrator of the pool. The Head of Department shall develop standard operating procedures to ensure that the utilisation of the pool is properly managed, recorded and monitored to ensure that the leave days available in the pool is not exceeded and/or abused. • Shop steward leave may only be utilised for activities related to the employee’s union position. All applications for this type of leave must be submitted in writing on the prescribed leave application form, together with supporting documentation.

  13. SHOP STEWARD LEAVE • What does this mean? • From 1 January 2013 shop stewards the 15 working days shall be pooled per recognised trade union. Office bearers or shop stewards belonging to the same recognised trade union may apply for leave days from the pool. • In other words if there are 10 shop stewards in the Department of which 4 belong for example to the Union A and 6 to Union B- • The 15 working days of each of the 4 shop stewards belonging to the Union A are pooled into a pool of 60 working days (4 x15); and

  14. SHOP STEWARD LEAVE • The 15 working days of each of the 6 shop stewards belonging to Union B are pooled into a pool of 90 working days (6x15).Shop Stewards Leave1.pptx • The Head of Department shall – • appoint an administrator of the pool. The administrator should preferably be the Human Resource Manager of the Department. • develop standard operating procedures to ensure that the utilisation of the pool is properly managed, recorded and monitored to ensure that the leave days available in the pool is not exceeded and/or abused.

  15. SHOP STEWARD LEAVE • What does this mean? (cont.) • A shop steward may apply for leave from the pool in respect of the recognised employee organisation she/he belongs to only. • An individual shop steward may apply due to the union activities attached to his/her union position for either less than or more than 15 working days in a leave cycle. • The shop stewards accessing the same pool of leave may not exceed the total number of leave days available in the pool. • Shop steward leave may only be utilised for activities related to the employee’s union position. • All applications for this type of leave must be submitted in writing on the prescribed leave application form or electronically, together with supporting documentation.

  16. SHOP STEWARD LEAVE • What does this mean? (cont.) • The employee’s supervisor must liaise with the Labour Relations Manager and Human Resource Manager to validate the employee’s involvement in a union activity/business and whether sufficient credits are available in the leave pool. • Approved applications shall be captured on PERSAL or the IFMS, whichever system is in use in the Department. • A list of the recognised trade unions are also attached to the Determination and Directive

  17. FAMILY RESPONSIBILITY LEAVE • The work related to family responsibility leave and pre-natal leave resulted from the call for a MPSA portfolio response to HIV/AIDS and with specific reference to care givers and pregnant women. • We have also utilised to opportunity to restructure the current provisions for family responsibility leave which are complex in application. • Currently an employee can utilise- • 3 working days in the event of the birth of a child, illness of a child, spouse, life partner; • 5 working days in the event the death of a the employee’s child, spouse, life partner or immediate family member, provided that the total number of days are not more than 5 days.

  18. FAMILY RESPONSIBILITY LEAVE • PSCBC Res 1 of 2012 • With effect from 1 January 2013 employees would be entitled to - • 5 working days family responsibility leave per annual leave cycle for utilisation if the employee’s spouse or life partner gives birth to a child; or the employee’s child, spouse or life partner is sick; and • 5 working days leave per annual leave cycle for utilisation if the employee’s child, spouse or life partner dies or an employee’s immediate family member dies. • Other changes recommended to the MPSA • The definition of immediate family amplified to deal among other with in-laws • Policy provisions are included to efficiently and effectively manage family responsibility leave, e.g. the use of family responsibility leave for part of the day and the recording thereof.

  19. PRENATAL LEAVE • Pre-natal leave is a new benefit for pregnant employees with effect from 1 January 2013 in terms of which a pregnant employee will be entitled to 8 working days pre-natal leave, per pregnancy, allowing the employee to attend medical examinations by a medical practitioner or midwife, and tests related to the pregnancy. • An employee can utilise a full day or part of a day for pre-natal leave. • The Head of Department shall maintain a system to record episodes where the employee utilised part of a day. One day’s pre-natal leave shall be deducted once the duration of absences equates the employee’s prescribed daily working hours. • An employee must submit her application for pre-natal leave in advance, unless unforeseen circumstances prevent her from doing so.

  20. PRENATAL LEAVE • An application for pre-natal leave should be supported by reasonable proof that the employee attended a doctor’s appointment and/or went for tests related to the pregnancy. • An employee who has used all her pre-natal leave may, subject to the approval of the Head of Department, apply to use available annual leave and/or unpaid leave. • Absences related to medical complications during the pregnancy will be covered by sick leave. • All other maternity leave provisions, as defined in the Determination and Directive on Leave of Absence, remain unchanged.

  21. OTHER CHANGES PROPOSED TO THE MPSA • Other changes to the Determination contained in Part 4 • Following increased requests by departments employing shift workers for assistance with the management and administration of their leave, the Determination has been supplemented with specific provisions related to the management and administration of shift workers annual leave, sick and incapacity leave. • Provisions have been added to deal with the temporary incapacity leave applications of an employee who passes away before s/he could submit an application for temporary incapacity leave or if submitted, passes away before or while his/her application for temporary incapacity leave is in the process of being submitted for assessment to or being assessed by the Health Risk Manager or is in the final decision-making process.

  22. OTHER CHANGES PROPOSED TO THE MPSA • Other changes to the Determination contained in Part 4 • Adoption leave • To indicate when a child is regarded to be adopted. • The entitlements of the committing parents in a surrogacy arrangement. • Policy update to facilitate proper policy application: • Definitions were included for the concepts of child; a work day; and month were included. • Explicit provision for the scheduling of leave was inserted, working days for shift workers was refined and the procedure for submission of annual leave applications was inserted.

  23. OTHER CHANGES PROPOSED TO THE MPSA • Departments’ responsibility to keep manual records of annual leave utilised for part of a day inserted and the formula for the conversion of fractions into hours modified. • Provision for employees to forfeit their unused leave credits if no application for payment is received by 31 July is inserted and the formula for computing of leave payment modified. • The omission in the formula for computing leave payout of personnel with capped and audited leave credits is rectified. • The computation examples in Annexure B to the Determination were updated to be in line with changes in the main document. • Provisions to ensure compliance with section 84 of the BCEA, i.e. Determining the length of an employee’s employment.

  24. OTHER CHANGES PROPOSED TO THE MPSA • Two new parts are added to the Determination and Directive on Leave of Absence • Part 2: Explanatory notes on the implementation of the Integrated Financial Management System (IFMS) in relation to the leave provisions. • These notes are informed by important aspects that we have identified during the blue printing and the pilot sites. • It addresses - • the importance of the loading of individual employees work schedules since it would inform an employee’s leave entitlement. • issues related to electronic leave applications.

  25. OTHER CHANGES PROPOSED TO THE MPSA • Part 3: Implementation notes on the application of the Determination and Directive . • These notes address issues that Departments seek on a regular basis clarity on, e.g. • Annual leave granted in excess • Normal sick leave and incapacity leave • The position of committing parents in a surrogacy arrangement • Clarity is also provided as to when a child is deemed to be adopted • The notes also explain among others- • The consequential changes to annual leave entitlements flowing from the implementation of PSCBC 1 of 2012. • Notes on the new shop stewards leave arrangement. • Leave form Z1(a) will be amended through a proclamation in the Government Gazette

  26. REARRANGEMENT OF WORKING TIME

  27. REARRANGEMENT OF WORKING TIME • Heads of Department currently in terms of the Public Service Regulations have the authority to determine the working time for his/her department taking into account the needs of the public in the context of the department’s service delivery improvement programme; the needs and circumstances of employees, including family obligations and transport arrangements, read with the provisions contained in the BCEA, Determination and Directive on Working Time and PSCBC Res 1 of 2007. • It has been agreed in PSCBC Res 1 of 2012 that the PSCBC will review the working time arrangements in the Public Service with a view to determine which service delivery areas require different working time arrangements to facilitate service delivery improvement and employment creation.

  28. REARRANGEMENT OF WORKING TIME • Why is such a review necessary? • The manner in which the working hours are structured in any economy is crucial to the development and growth in the economy. • At the Public Service Summit held in Durban in 2010, it was in relation to performance and productivity in the public service, noted that there is a need to introduce flexible working arrangements to provide access to services after hours. In relation to this point parties resolved to – • Introduce flexible working hours taking into account the needs of employees and the recipients of service. • Recognise that there is a need to introduce flexible working arrangements so that services could be provided to society throughout the working hours of a department. • It is also known that there are Departments who do not efficiently arrange the working hours that supports their service delivery mandate. This result in departments having excessive overtime bills and violating the threshold set in the Public Service Regulations, i.e. an employee’s overtime pay may not exceed 30% of his/her monthly income.

  29. REARRANGEMENT OF WORKING TIME • The DPSA envisages to appoint a multi-skilled/disciplinary service provider to • Perform in respect of each department a situational analysis of the department’s current service delivery mandate, current working time arrangements and resource allocations to support the working time arrangement ; and • make recommendations with regard to the ideal working time arrangements, the resource implications – (human resources required and financial implications); • Develop a strategy for implementation.

  30. DANGER ALLOWANCE

  31. DANGER ALLOWANCE • The Danger Allowance is paid to an employee who in the course of her or his employment experiences a genuine risk to her or his life and who is employed in one of the occupational categories and identified areas at work (where indicated) in Annexure A to PSCBC Res 1 of 2007. • The standard and special danger allowances were with the adoption of PSCBC Res 1 of 2007 restructured. The tariffs for the standard and special danger allowances were with effect from 1 July 2007 adjusted with 25%. • The said allowances are, with effect from 1 July 2008, reviewed annually based upon the CPI as at April of each year.

  32. DANGER ALLOWANCE • The provisions regulating the standard and special danger allowance are captured in Annexure A to PSCBC Res 1 of 2007. • Demands were made in respect of current and new occupational categories. • It was agreed in PSCBC Res 1 of 2012 that the PSCBC will conduct a comprehensive review of Annexure A to PSCBC Res 1 of 2007. • The aim of the review is to determine which categories are exposed to a genuine risk and the impact of safety of the employee to ascertain which categories should be paid a danger allowance.

  33. DANGER ALLOWANCE • The DPSA already commenced in 2011 with a review process, but will have to reconsider the work done in the context of the new collective agreement. • What needs to be done? • Departments will be required to identify occupational categories potentially affected. • Departments will be required to conduct a scientific and objective investigation in respect of each category identified. • Final recommendations are to be formulated, and where applicable costed. • The investigation should at least seek to address the following aspects: • the occupational category concerned; • the nature of their duties and the work environment;

  34. DANGER ALLOWANCE • the nature and extent of the risk; • the frequency of the risk, i.e. when do employees experience a genuine risk to their life during the course of their employment; • the health and safety and/or precautionary measures your Department have implemented to mitigate the risks; • if mitigating measures are in place, the degree to which the risk could be mitigated. If not mitigated or partially mitigated the reasons that the risk persists and the degree to which it continues to present a genuine life threatening risk to the employee; • if the view is held that the risks cannot be mitigated through safety and/or precautionary measures, substantive motivation should be provided; • the number of employees affected; and • the financial implication of implementing a danger allowance as well as confirmation that your Department has budgeted for the payment of a danger allowance in the Medium Term Expenditure Framework • Communication on this matter will be issued to departments.

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