IS A LETTER OF APPOINTMENT NECESSARY?
LETTER OF APPOINTMENT
“Contracts to be in writing and to include provision for termination”
(1) A contract of service for a specified period of time exceeding one month or for the performance of a specified piece of work, where the time reasonably required for the completion of the work exceeds or may exceed one month, shall be in writing.
(2) In every written contract of service a clause shall be included setting out the manner in which such contract may be terminated by either party in accordance with this Part.
IS A LETTER OF APPOINTMENT NECESSARY?
A letter of appointment is an essential document to be provided to an employee before he starts work, or at the latest, on the day he begins work. A letter of appointment is evidence that the employer has fulfilled Section 10 of the Employment Act.
A letter of appointment will usually include:
1. A welcoming paragraph to the newly recruited employee.
2. The terms and conditions of employment which apply to the worker.
3. Reference to the rules which may apply to the employee.
4. Reference to any other documents which may include the employee’s terms and conditions of employment such as a collective agreement or an employee handbook.
Award No. 198 of 2010 [Case No: 2/4-719/03]
In this award, the Industrial Court said: “It is the company's duty as an employer to issue an appointment letter containing terms and conditions of the employment or contract of employment. It is not the duty of the claimant as an employee to demand the company to issue the letter of appointment.”
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