Topic Annexures Distribution Enquiries On request, this circular will be made available in IsiZulu, Sepedi and/or Afrikaans within 21 days. It is also available on the GDE website at: www.education.gpg.gov.za Circular 02/2016 Date: 17 February 2016 Annexure A: GDE 79 - Notice of Vacancies Annexure B: GDE 2R - Employment Profile Form Annexure C: GDE 01 - Application for Contract (Temporary) Appointment Office of the Head of Department Room 1009, 111 Commissioner Street, Johannesburg, 2001 PO Box 7710, Johannesburg, 2000 Tel: (011) 355 1510/11 Fax: (011) 333 5546 / (011) 355 0542 E-mail: [email protected]Relevant THRS: HRP Officials in the Districts Recruitment & Selection Directorate: Head Office All Chief Directors and Directors at Head Office as well as District Offices All District Directors All Employees at Head Office and District Offices All Principals and Staff members of schools All Members of the School Governing Body All Unions and Relevant Non-Governmental Organisations EMPLOYMENT OF FOREIGN EDUCATORS
Transcript
Topic
Annexures
Distribution
Enquiries
On request, this circular will be made available in IsiZulu, Sepedi and/or Afrikaans within 21 days.
It is also available on the GDE website at: www.education.gpg.gov.za
Circular 02/2016 Date: 17 February 2016
Annexure A: GDE 79 - Notice of Vacancies Annexure B: GDE 2R - Employment Profile Form Annexure C: GDE 01 - Application for Contract
(Temporary) Appointment
Office of the Head of Department Room 1009, 111 Commissioner Street, Johannesburg, 2001
Relevant THRS: HRP Officials in the Districts Recruitment & Selection Directorate: Head Office
All Chief Directors and Directors at Head Office as well as District Offices
All District Directors All Employees at Head Office and District Offices All Principals and Staff members of schools All Members of the School Governing Body All Unions and Relevant Non-Governmental
The availability of suitably qualified teachers to fill all allocated posts is one of the critical priorities of the Gauteng Department of Education, linked to the principle of “no class without an educator”. The department, in streamlining the processes of recruitment, utilisation and retention, prioritises the appointment of suitably qualified South African educators to match the profile of a vacancy, educators declared additional to the staff establishment, suitably placed temporary/contract educators, and placement of state-funded bursars. This circular outlines the policy regarding the employment of foreign educators.
2. DEFINITIONS
2.1 “A foreign educator” – shall mean an immigrant, contemplated in the Immigration Act, who intends to work for or employed by the Gauteng Department of Education, as an educator, subject to meeting the applicable requirements.
2.2 “Permanent resident” – a foreign educator who has received permanent
residency as contemplated in 25 (2) and Section 27 (a)(i) of the Immigration Act.
3. PURPOSE
The purpose of this document is to:
3.1 Streamline the process surrounding the principles and provisions that govern the Recruitment, Employment and Support of Foreign CS Educators in GDE.
3.2 Ensure that appointments of Foreign CS Educators at all times be subject to
South African laws regulating the entry of foreigners into the Republic, their residence and employment status (inter alia, the Aliens Control Act, 1991 (Act No. 69 of 1991 and the Refugees Act 1998, (Act 130 of 1998)).
3.3 Adopt control measures to regulate employment of foreign educators to posts
categorised as critical shortage. 4. LEGAL FRAMEWORK
The applicable legislative framework includes, and not limited to: 4.1 Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), as
amended.
4.2 The Employment of Educators Act, 1998 (Act No. 76 of 1998), as amended.
4.3 The Immigration Act, 2002 (Act No. 13 of 2002, as amended.
4.4 South African Council for Educators Act, 2000 (Act No. 31 of 2000), as
amended.
4.5 Employment Service Act, 2014 (Act No. 4 of 2014).
4.6 Norms and Standards for Educators, 2000 (Government Gazette 21565).
4.8 Labour Relations, 1995 (Act 66 of 1995), as amended.
4.9 Policy on the Minimum Requirements for Teacher Education Qualifications 2011
(Government Gazette 34467).
4.10 Relevant and/applicable ELRC collective agreements and PSCBC resolutions.
4.11 National Guidelines on the Employment of Foreign Educators in South Africa
(November 2014).
4.12 Employment Service Act, 2014 (Government Gazette 37539).
5. KEY AND UNDERLYING POLICY PRINCIPLES
5.1 Foreign nationals considering employment as educators in South Africa must comply with the requirements contemplated in applicable legislations.
5.2 Foreign educators would only be utilised in areas of critical skill shortages. The
Department of Basic Education has identified the following areas of critical skills shortages: Physical Science, Technology, Engineering and Mathematics. These areas may be reviewed from time to time by the Department of Basic Education.
5.3 Unless there is a government treaty or bi-lateral agreement with neighbouring
states and/or other countries, the employment of foreign educators must be considered only after all processes of appointing suitably qualified South African educators have been exhausted.
5.4 It is the responsibility of foreign educators to submit their qualifications to SAQA
for NQF evaluation/assessment.
5.5 Registration with the SACE (South African Council for Educators) is a prerequisite.
5.6 No foreign educator may be appointed on a permanent basis unless such an
educator obtained permanent residency, in terms of the Immigration Act. 5.7 Employment of foreign educators will be bound by a fixed-term employment
contract of not more than 1 year if appointed through a Vacancy Circular, in accordance to the permit and the approved P.E of a particular school, as it is aimed at addressing a temporary and specific Human Resource need; or a 3 months basis contract/temporary appointment in Post Level 1 posts.
6. SPECIFIC PROVISIONS Applications for fixed-term employment for professional foreign educators will be
considered, subject to the applicants meeting the following criteria:-
a) Competing fairly for the prospective position and on condition that no qualified South African citizen had applied for the same position;
b) Obtain a written job offer and sign a fixed-term contractual agreement for
employment of which the maximum term thereof shall not exceed three years;
c) Secure suitable registration with the South African Council for Educators;
d) Comply with the normal statutory requirements for work permits and
residence in the Republic of South Africa; and e) Demonstrate professional competence and high ethical standards.
7. APPOINTMENT PROCESS OF FOREIGN EDUCATORS
7.1 To ensure that the Gauteng Department of Education properly implements this circular, a resolution has been taken that all appointments (Fixed contract not exceeding 3 years or 3 months contract/temporary) of foreign national educators will be centralised at the Provincial Office: Directorate: Recruitment and Selection.
7.2 The Directorate: Recruitment and Selection will be delegated the authority by the
HoD to approve recommendations from the District Directors, after ensuring that all South African educators are considered first. The following categories will be prioritised, before approving a foreign national appointment:-
Educators declared additional to the post establishment;
State-funded bursary recipients e.g. Funza Lushaka and provincial bursary holders;
Educators registered on the National and Provincial Recruitment Database; and
Other graduates not included in the categories above. 7.3 All applications that meet the basic minimum requirements for temporary or fixed
contract appointments should be forwarded to the Recruitment and Selection Directorate.
7.4 The Human Resource Practitioners (THRS: HRP) should ensure that the
recommendation meets the following minimum requirements:-
a) The school, after exhausting all the available lists of qualifying South African educators, must submit appropriate documents for the appointment of a foreign CS Educator:-.
(i) Fully completed GDE 1 with attached certified copies of
qualifications and all relevant documents; (ii) Certified copy of the Work Permit for the specific school; and (iii) All certification should be in accordance with Circular 34 of 2006.
7.5 The Director of Recruitment and Selection will apply his/her mind using the
available database of qualifying educators to decline or approve the appointment, after the vetting process.
7.6 Should the appointment be approved by the Recruitment and Selection Director,
he/she will inform the District Director and the following process will unfold:-
7.6.1 The Employer (GDE) will submit to DoL, evidence that proper recruitment and selection processes have been followed and that the local market has been tested (minutes to be attached). This will be done in line with the approved guideline on filling of posts and the circular which deals with the appointment of contract educators, as well as the grievance, as outlined in the collective Agreement 2 of 2005.
7.6.2 The Department of Labour (DoL) will regulate and advise on the
appointment of foreign educators in line with the Employment Services Act, Chapter 2, Paragraph 8 & 9 and its Employment Services System of South Africa (ESSA) - a system that DoL uses to assist other departments to recruit potential and qualifying employees.
7.6.3 DoL will check in its database if there are any South African Educators who may fill the post, before foreigners are employed.
7.6.4 This is done upon receipt of the application to employ a foreigner. 7.6.5 The Department of Labour will upon receipt of documentation from the
Employer provide feedback to appoint or not to appoint a qualifying foreign educator, within 1 to 2 weeks after it has been satisfied.
7.6.6 The Department of Labour, upon receiving documentations from the Employer (GDE) provide feedback to appoint or not to appoint the educator; within 1 to two weeks (within a maximum of 30 Day turnaround time), after it has been satisfied.
7.6.7 Upon receipt of confirmation from the DoL, the Department of Home Affairs
will issue Work Visas (Permits) that are specific to the school where an educator will be teaching/working, as advised by the Employer (GDE).
7.7 If the appointment is approved, the Deputy Director: THRS will be required to
submit the qualifications to the DHET for evaluation process. 7.8 All appointments of foreign educators should be made on salary notch
38/REQV12 for underqualified CS Educators, regardless of their qualifications. 7.9 Where the qualifications of a foreign CS Educator are evaluated below REQV 13
or “unqualified”/underqualified and the CS Educator is teaching a scarce subject (as mentioned in Paragraph 3.3 above). THRS: HRP should draft a submission for approval by the Recruitment & Selection Director to retain the foreign CS Educator for the remainder of the term. Such an appointment will be for a specified period on Salary Notch 38/ REQV 12.
7.10 No “unqualified”/underqualified foreign CS Educator may assume duty prior
to receiving written authorization from the Recruitment & Selection Director. 7.11 The appointment of foreign CS Educators who are currently appointed in a
temporary/contract capacity should be changed to fixed contract as per paragraph (7.1), as they do not qualify for conversion to permanent status.
7.12 No foreign educator will be appointed in a primary school as Deputy Principals or
Principal, since management is not a critical or scares skill in primary schools or teach in any other Learning Area/s, except those mentioned in paragraph (5.2) above.
8. STATUS OF PERMANENT RESIDENCY
The South African (green) bar-coded identity book will merely indicate that a foreigner is a non-South African citizen and therefore the Gauteng Department of Education will
need to see Permanent Resident Permit information, together with the green bar-coded ID to prove that the respective permits were indeed issued to the foreigner. “Permanent residence,” as set out in Section 26 and 27 of the Immigration Act and Regulations 22 and 23 of the Immigration Regulations, respectively, will allow the holder to become a naturalised citizen in accordance with a well prepared South African citizenship application under the South African Citizenship Act and such status attaches many privileges and benefits over long term residency.
After verification that the two documents (bar-coded ID & Permanent Residency Permit) belong to the employee, he or she will be treated the same way as any other South African citizen. Should the employee be in a contract/temporary post and meeting the minimum requirements of the posts, he/she will be absorbed permanently, in line with the current Collective Agreement 1/2014 and GDE Circular (GDE Circular 10/2014).
9. RESPONSIBILITIES
9.1 The Deputy Director: THRS is required to submit the qualifications for evaluation
to DHET. 9.2 The services for unqualified educators who are teaching scarce subject/s (See
paragraph 3.3) should be terminated or converted to a contract. 9.3 The Head of Department approves a request for appointment in a contract for
unqualified foreign CS Educators. 9.4 All THRS Practitioners are responsible for verification and confirmation of
authenticity with the Department of Home Affairs for foreign documentation, before the appointment process.
9.5 Approval for the appointment of fixed contract appointment is delegated to the
Directorate: Recruitment & Selection.
_________________________
SIGNED: EDWARD MOSUWE
HEAD OF DEPARTMENT
DATE: 07/02/2016
Annexure C ANNEXURE A
GDE 79 - NOTICE OF VACANCIES
This form gathers information on the requirements of vacant educator posts’ identified in Schools. It must be completed by the School Principal/Cluster Leader (in case of a principal post), and countersigned by the District Director.
A: GENERAL INFORMATION
Institution Pay point number: 9
Institution EMIS1 number:
School Name
B: SCHOOL DETAILS - The following information is required for cross-checking against provincial database
Principal & Deputy Principal additional requirement is “Leadership, Administration and Management skills related to the specific school type” (No extra mural activities to be added as additional requirements)
Additional Requirements (200 Characters):
Additional Requirements (200 Characters):
Additional Requirements (200 Characters):
C. DECLARATION2
We, the undersigned, hereby declare that the number of posts for which requirements have been provided above, corresponds with the official number of vacant posts specified by the post establishment for the school.
Print name Date Signature
Principal
Cluster Leader
District Director
1 Gauteng Reference Number (EMIS NUMBER), as indicated on the Annual Survey and 10th Day Head Count Survey must be inserted
2 Declaration must be signed by all the delegated authority to be deemed legal and complete
ANNEXURE B
GDE 2R - EMPLOYMENT PROFILE FORM
1. INSTRUCTIONS WHAT IS THE PURPOSE OF THIS EMPLOYMENT PROFILE (GDE 2R) FORM? To assist the Gauteng Department of Education (GDE) in selecting a person for an advertised post. This form may be used to identify candidates to be interviewed. Since all applicants cannot be interviewed, you need to fill in this form completely, accurately and legibly. This will help to process your application fairly. WHO SHOULD COMPLETE THIS EMPLOYMENT PROFILE (GDE 2R) FORM? Only persons wishing to apply for an advertised position in the GDE Institutions. ADDITIONAL INFORMATION This form requires basic information. Candidates who are selected for interviews will be requested to bring along certified qualifications and other relevant documents that may be required to make a final selection. Every application may be accompanied by original certified copies (not older than six months) of educational qualifications and SACE certificate. SPECIAL NOTES
1. All information will be treated with the strictest confidentiality and will not be disclosed or used for any other purpose than to assess the suitability of a person, except in so far as it may be required and permitted by law. Your personal details must correspond with the details in your ID or passport.
2. This information is required to enable the Department to comply with the Employment Equity Act, 1998. 3. This information will only be taken into account if it directly relates to the requirements of the position. 4. It is compulsory that all sections of the form be completed as honestly as possible where applicable. 5. Please PRINT. Mark blocks with an X where applicable. 6. Only original signatures (no photocopies of signatures) will be valid on this form. Faxed or e-mailed copies of this document will not be
accepted. 7. Post number MUST be in the correct format (NO EXCEPTION WILL BE ALLOWED). 8. This form will be the only form that will be recognised when applying school educator post. 9. The format of the GDE2R must not change by adding or removing lines, columns or pages (it will be a standard 4 pager form) – this will be
added as part of the criteria for sifting. 2. PARTICULARS OF ADVERTISED POST
Post Description: (as stated in the advert e.g. Principal)
Post Level
Post Number: (as stated in the advert)
(Please refer to the List of Vacancies [as advertised] for instructions to complete this form) 3. PERSONAL PARTICULARS OF THE APPLICANT
SURNAME and INITIALS
S H O R T L I S T I N G
I N T E R V I E W S
NAME(S)
PERSAL NO. (If currently/previously employed)
I.D. NO. (Attach copy of the ID document, with an original stamp of certification)
GENDER (Male/Female) (x)
Male Female
RACIAL GROUP (x) (For Employment Equity Purposes)
African Coloured Indian White
Do you have a disability? (Yes or No) (x) If yes, indicate nature.
Yes
No
Are you a South African citizen? (x) Yes
No
If NO, what is your country of origin?
Do you have a permanent residence permits accompanied by a SA Identity Document? (Foreigners Only) (x) Yes/No
Yes
No
If yes, Permit Number/ID Number (Foreigners Only)
Have you been convicted of a criminal offence? (x) (If yes, attach clearance letter)
Yes No
Have you been dismissed due to misconduct? (x) (If yes, attach clearance letter)
Yes No
Have you been convicted, in line with the Sexual Offences and Related Act case?
Yes No
Were you previously employed in the public service sector? (x) (N/A for current employees)
Yes No
If yes, how was your service terminated? (x) Please indicate date: ________ / ________ / ________
VSP (volunt
ary severa
nce packa
ge)
RESIGNED ILL-
HEALTH MISCON-
DUCT
Other (specify)
Are you in possession of the approval letter from the HOD? (N/A for employees who resigned)
Yes No (a copy of this letter must be attached in the application)
Are you currently employed? (x) Yes No
Name of the institution and Province:
Are you professionally registered? - PLEASE STATE BODY AND NUMBER (e.g. SACE)
Yes No Body & Number:
Are you Additional to current Post Establishment? (x) (Attach EXOP Letter)
Yes No Name of the institution and Province:
4. CONTACT DETAILS
Telephone numbers, during office hours: ( )
Telephone Numbers, after office hours: ( )
Postal Address Postal Code
Physical Address Fax Number
Cell Number
E-Mail Address
Name and Contact details for next of Kin
Relationship
5. LANGUAGE PROFICIENCY – STATE ‘GOOD’; ‘FAIR’ or ‘POOR’
LANGUAGES (Specify)
Speak
Write
Read
6. QUALIFICATIONS (ATTACH SEPARATE SHEET, IF NECESSARY)
Certified copies of all relevant qualifications and subject statement (in case of PL1) may be attached
7. ADDITIONAL QUALIFICATIONS/COURSES ATTENDED (e.g. OBE Course)
Name of course Service provider Duration of course
1.
2.
3.
4.
5.
8. EXPERIENCE (8.1) CURRENT EMPLOYMENT
Department/ Employer
Institution Post Level
Learning Areas & Grades
EXACT DATES TOTAL
FROM (M / Y)
YEARS MONTHS
(8.2) PREVIOUS EMPLOYMENT IN EDUCATION
Department/ Employer
Institution Post Level
Learning Areas and Grades
EXACT DATES TOTAL
FROM (M / Y)
TO (M / Y)
YEARS MONTHS
EXTRA AND CO-CURRICULAR ACTIVITIES (Other capabilities, e.g. projects)
TYPE OF ACTIVITY ORGANISATION
DURATION
1
2
3
4
9. NON-TEACHING/COMMUNITY EXPERIENCE
ORGANISATION POSITION HELD TYPE OF ACTIVITY DURATION
1
2
3
4
10. SKILLS (e.g. communication, computer, etc.)
1
2
3
4
11. PERSONAL QUALITY TRAITS (i.e. your strengths)
1.
2
3.
12. REFERENCES (Professional / work related reference)
NAME CONTACT DETAILS RELATIONSHIP
1
2
3
14. DECLARATION
I declare that the above information provided (including any attachments) is true and correct to the best of my knowledge. I understand that any false or incorrect information could lead to my application being disqualified or to me being discharged on account of misconduct if appointed. Failure to disclose will result in disqualification. ___________________________ ________________ SIGNATURE OF APPLICANT DATE Please Note: Only original signature will be regarded as valid (photocopied/faxed/emailed signatures will not be acceptable).
ANNEXURE C
GDE 01 - APPLICATION FOR CONTRACT (TEMPORARY) APPOINTMENT
Please PRINT
Mark * blocks with an X where applicable It is compulsory that all applicable sections of the form be completed as honestly as possible.
