Employers of social service professionals (social workers, social auxiliary workers, child and youth care workers and auxiliary child and youth care workers includes government (national and provincial departments, metros and municipalities), non-governmental organisations, the private sector, business and corporates, training institutions, and others. Employers are an important stakeholder as the ‘vehicle’ through which social service professionals render services to the population of the country.
Every employer has an obligation to be aware of the provisions of the following and how these apply to social service professionals in its employment:
Regulations under the Social Service Professions Act 110 of 1978
Rules under the Social Service Professions Act 110 of 1978
- Employers and social service professionals license to practice (registration)
A person may only practice as a social worker, social auxiliary worker, child and youth care worker and auxiliary child and youth care worker and use the title social worker, child and youth care worker, social auxiliary worker or auxiliary child and youth care worker (whether at a service delivery, supervisory or managerial level), if he or she is registered with the South African Council for Social Service Professions (SACSSP) as legally required in terms of the Social Service Professions Act 110 of 1978. Such registration that provides the license to practice to social service professionals entails the following:
Registration with the SACSSP when he or she first start to practise his or her profession, and thereafter,
Payment of the prescribed annual fees before or on 31 March every year as to remain registered and in good standing.
Every social worker, child and youth care worker, social auxiliary worker or auxiliary child and youth care worker are required by law to pay the prescribed annual fees before or by 01 January every year to remain in good standing and to be allowed to practice for the following financial year.
If a social service professional does not pay the prescribed annual fee before or on 01 January each year, he or she effectively loses his or her license to practise his or her profession. This will result in his or her name to be removed the Register of all registered professionals kept in terms of section 19 of the Act, as provided under section 20(1) of the Act. A social service professional whose name was removed from the Register is not allowed to practice until such time he or she has applied for the restoration of his or her name to the Register in terms of section 20(3) of the Act, including the payment of the restoration fee, whereafter he or she may practice again.
Any person who contravenes the provisions of the Social Service Professions Act 110 of 1978 in terms of the requirement to be registered if he or she practices as a social worker, social auxiliary worker, child and youth care worker and auxiliary child and youth care worker is guilty of an offence and on conviction be liable to a fine, or to imprisonment in terms of section 16 of the Act.
Employers of social service professionals have a legal and ethical responsibility to ensure that persons in their employ practising social work, social auxiliary work and child and youth care work and/or auxiliary child and youth care work are registered with the SACSSP. This includes the requirement of the timely payment of the annual fees.
Where an employer wittingly employs a social auxiliary worker, child and youth care worker and auxiliary child and youth care worker who are not registered or in good standing with the SACSSP (annual fees paid in time), such an employer is equally liable for any legal actions that may be instituted. Furthermore, any actions taken by such an unregistered social service professional as part of his or her duties, will not only be the liability of the individual, but also that of the employer.
Employers have:
an obligation to ongoingly monitor the status of registration of social workers, social auxiliary workers, child and youth care workers and auxiliary child and youth care workers in their employ.
an obligation to request proof payment of annual fees (for ongoing registration) from social workers, social auxiliary workers, child and youth care workers and auxiliary child and youth care workers in their employ.
an obligation and right to set the requirement to be in good standing (ongoing registration through payment of annual fees) as a condition of service and continued employment.
the right to verify the registration status of employees on the Register by directing an enquiry to the SACSSP’s Registration Division.
an obligation not to allow any social service professional whose registration status is not in good standing to practise his or her profession until such time it is.
Employers can assist by reminding social service professionals in their employ to pay their annual fees on time no later than 01 January each year.
- Employers and ethical practice
Social workers, social auxiliary workers, child and youth care workers and auxiliary child and youth care workers are required by law to adhere to their respective professions’ Codes of Ethics and Conduct. The following needs to be consulted:
Rules relating to the acts or omissions of a social worker, a social auxiliary worker or a student social worker which shall constitute unprofessional or improper conduct (Government Notice 54 published in Government Gazette 14526 of 15 January 1993)
Rules relating to the acts or omissions which constitute unprofessional or improper conduct of child and youth care workers and rules relating to conduct of child and youth care workers practising at professional and auxiliary levels (Government Notice No 833 published in Government Gazette 38128 of 31 October 2014
Employers have an obligation to create and facilitate a work environment that enables social service professionals to practice professionally. In this regard employers need to understand that social service professionals are legally obliged to meet the standards of professional conduct, and if not, they will be in contravention of the Act.
Every social service professional employed has a reasonable expectation to practise in a work environment that enables him or her to adhere to his or her profession’s Code of Ethics. Therefore, it is important that employers take co-responsibility in facilitating a work environment that supports adherence to the Codes of Ethics and Conduct and engage with social service professionals employed on how to establish and sustain such an environment.
Also see alleged unprofessional or improper conduct
- Employers and the scope of practice of social service professionals
Every social service professional regulated by the SACSSP has a defined scope of practice (the parameters within which a social worker, social auxiliary worker, child and youth care worker and auxiliary child and youth care worker may practice his or her profession). These are prescribed in the relevant following Regulations:
Regulations relating to acts which especially pertain to the profession of social work (Government Notice No. R. 852 published in Government Gazette No 15658 of 29 April 1994)
Regulations regarding the registration of social auxiliary workers and the holding of disciplinary inquiries (Government Notice No. R. 103 published in Government Gazette No. 34020 of 18 February 2011)
Rules relating to the qualifications for registration as a social auxiliary worker (Government Notice No R 104 published in Government Gazette 34020 of 18 February 2011)
Regulations for child and youth care workers, auxiliary child and youth care workers and student child and youth care workers (Government Notice No. 838 published in Government Gazette No. 38135 of 31 October 2014)
Employers may only employ and utilize social workers, social auxiliary workers, child and youth care workers and auxiliary child and youth care workers to execute the acts as defined within their respective scopes of practice of these professions. Such a scope of practice is protected by law and may not be executed by person not registered.
Job-descriptions: Employers need to ensure that job descriptions are aligned with the respective scopes of practice for each professional group and registration category.
Advertisements for employment of social service professionals: Employers are required to ensure that every advertisement for a social worker, social auxiliary worker, child and youth care worker and auxiliary child and youth care worker clearly indicates that “Registration with the SACSSP is a requirement”.
Professional supervision: Professional supervision refers to the profession-specific supervision, guidance and support related the theory and practice of a specific profession in order to promote efficient and professional rendering of services related to the scope of practice of such a professional. Ethically and legally each professional group (i.e. social work and child and youth care work) may only supervise professionals (professional and auxiliary level) in its own profession group:
Only registered social workers may provide professional supervision to other social workers and social auxiliary workers.
Only registered child and youth care workers may provide professional supervision to other child and youth care workers and auxiliary child and youth care workers.
Supervision as a prerequisite to practice:
Social auxiliary workers, as prescribed by law, may only practise under the direct supervision of a registered social worker.
Auxiliary Child and youth care workers , as prescribed by law, may only practise under the direct supervision of a registered child and youth care worker.
- Co-responsibility
Where an employer wittingly employs a social auxiliary worker, child and youth care worker (professional category) and child and youth care worker (auxiliary category) who are not registered or in good standing with the SACSSP (annual fees paid in time), such an employer is equally liable for any legal actions that may be instituted. Furthermore, any actions taken by such an unregistered social service professional as part of his or her duties, will not only be the liability of the individual, but also that of the employer.
Regulated Practice
Employers may only employ and utilise social workers, social auxiliary workers, child and youth care workers (professional category) and child and youth care workers (auxiliary category) to execute the functions as defined within their respective scopes of practice of these professions. Such a scope of practice is protected by law and may not be executed by a person not registered.
- Defined Practices
Employers may only employ and utilize social workers, social auxiliary workers, child and youth care workers (professional category) and child and youth care workers (auxiliary category) to execute the functions as defined within their respective scopes of practice of these professions. Such a scope of practice is protected by law and may not be executed by a person not registered.
Every social service professional under the auspices of the SACSSP has a defined scope of practice (the parameters within which a social worker, social auxiliary worker, child and youth care worker (professional category) and child and youth care worker (auxiliary category) may practice his or her profession). These are prescribed in the relevant following Regulations:
Regulations relating to acts that especially pertain to the profession of social work (Government Notice No. R. 852 published in Government Gazette No 15658 of 29 April 1994)
Regulations regarding the registration of social auxiliary workers and the holding of disciplinary inquiries (Government Notice No. R. 103 published in Government Gazette No. 34020 of 18 February 2011)
Rules relating to the qualifications for registration as a social auxiliary worker (Government Notice No R 104 published in Government Gazette 34020 of 18 February 2011)
Regulations for child and youth care workers, auxiliary child and youth care workers and student child and youth care workers (Government Notice No. 838 published in Government Gazette No. 38135 of 31 October 2014)
- Job-Descriptions
Employers need to ensure those job descriptions are aligned with the respective Scopes of Practice for each professional group and registration category. See Defined Practices for details.
- Advertisements for Employment of Social Service Professionals
Employers are required to ensure that every advertisement for a social worker, social auxiliary worker, child and youth care worker (professional category) and child and youth care worker (auxiliary category) clearly indicates that:
Registration with the SACSSP is a requirement
Also, see Legal Requirement.
- Professional Supervision
Professional supervision refers to the profession-specific supervision, guidance and support related to the theory and practice of a specific profession in order to promote efficient and professional rendering of services related to the scope of practice of such a professional. Ethically and legally each professional group (i.e. social work and child and youth care work) may only supervise professionals (professional and auxiliary level) in its own professional group:
Only registered social workers may provide professional supervision to other social workers and social auxiliary workers.
Only registered child and youth care workers (professional category) may provide professional supervision to other child and youth care workers (professional category) and child and youth care workers (auxiliary category).
Social auxiliary workers may only practice under the direct supervision of a registered social worker.
Child and youth care workers (auxiliary category) may only practice under the direct supervision of a registered child and youth care worker (professional category)