Letter of Appointment - Your rights

[Sparhawk]

Morning,

After many years of working in distribution I have been presented with an opportunity to work in an R&D field. I am quite excited about the prospect as it would be a fantastic learning and growth opportunity for myself, with both an increase in job satisfaction as well as much improved pay increase.

Now being the cautious person I am, I naturally would want a letter of appointment before tendering my resignation from my current job. what I am curious about is what my legal recourse is should for whatever reason I work out my months notice arrive at the new job and they go.... Who Are You!

What actions can or cannot be taken against them, what should the letter of appointment state to ensure I am covered from a legal stand point? Also my understanding is the 3 month probation periods are not permissible anymore is this correct or just industry hearsay?

if this is not posted in the right place, let me know.

 

[Necropolis]

Why not sign the a contract of employment before resigning at your current place?

 

[Biscuit1018]

Morning,

After many years of working in distribution I have been presented with an opportunity to work in an R&D field. I am quite excited about the prospect as it would be a fantastic learning and growth opportunity for myself, with both an increase in job satisfaction as well as much improved pay increase.

Now being the cautious person I am, I naturally would want a letter of appointment before tendering my resignation from my current job. what I am curious about is what my legal recourse is should for whatever reason I work out my months notice arrive at the new job and they go.... Who Are You!

What actions can or cannot be taken against them, what should the letter of appointment state to ensure I am covered from a legal stand point? Also my understanding is the 3 month probation periods are not permissible anymore is this correct or just industry hearsay?

if this is not posted in the right place, let me know.

I am not a lawyer but I know a fair amount about Labour Law having run an office with a couple of 100 people for many years (no longer ... in own business)

1. A Letter Of Appointment - There are no fixed requirements except that the terms should be clear
=> How much will you earn
=> Leave -> They cannot go below the Basic Conditions of Employment (BCEA)
=> Start Date
=> Location
=> Position
=> Notice period

If you have such a letter from a company then they have an obligation to take you on.

Don't get too hung up on it as the terms must comply with the BCEA. If any term doesn't you get the BCEA.

2. Probation -> Yes it can still happen but they cant just say after 3 months that you are not working out. They have to be clear during the probation period where you aren't shaping up and provide help to improve.



3. BUT and you knew there was a BUT
- Changing employment from a secure job to a lesser known company has risks and you need to consider them
- The reality is that it is much easier to get rid of a newbie than an old timer. They can run a retrenchment process and use Last in First Out to dump you.
- Some companies flout with Labour Law. They dump people and take their chances. Most employees are too scared to take action. My old company played it dead straight..in fact the employee always got the benefit of any doubt


4. Precautions
- Evaluate your new employer and their reputation
- Check out Linkedin. Use Google. Ask questions once you have the LOA
- Look who your letter is from. The bottle washer cant make you a job offer.


5. Most important
- Risk is part of life. If you are afraid of all risk you will not go for anything and you won't achieve your dreams. You cannot guarantee you will be secure
- Just do your research and take the risk if it is acceptable.
- From personal experience the risk worked.. Cant guarantee it will always
- You cant protect yourself against anything...

 

[maumau]

Sorry to be nasty but so gatvol of people and their "rights".

Having said that, all the best OP, hope everything works out for you.

 

[MrGray]

If you have a signed letter of appointment and you arrive and they say "who are you?" it changes nothing, you are employed by them on the terms stated in the letter. They would have to undergo a retrenchment or dismissal process to get rid of you, and/or you would be able to take them to the CCMA for unfair dismissal.

 

[Sparhawk]

I am not sure that one can have two contracts of employment, would it not be a violation of the first contract. As mine does state I cannot be employed elsewhere in a similar industry while employed by them.

 

[Sparhawk]

Thank you Biscuit for the information. I am off to have a sit down with them now to discuss the KPI's as well as negotiate pay package and benefits. I am in a slight advantage as i will discussing this direct with the owner / director and he approached me for the position so hopefully we can come to a amicable understanding.

 

[boeriebuffet]

Having gone through this there's really not much risk involved if it's a reputable company and you have had interviews with top management and you get a signed Letter of Appointment with the company letterhead and signed by senior management.

 

[Foxhound5366]

3. BUT and you knew there was a BUT
- Changing employment from a secure job to a lesser known company has risks and you need to consider them
- The reality is that it is much easier to get rid of a newbie than an old timer. They can run a retrenchment process and use Last in First Out to dump you.

You know, this whole LIFO thing is scary, but my experience has shown that there is a defence against it: work your ass off when you join a new company.

In the very month that I joined a previous employer, that employer declared bankruptcy and announced that they wold be doing their best just to make that month's salary payments. They then announced that they'd be laying off half their staff. Imagine how I felt at that time.

Somehow I'd done enough to be counted as a valuable member of the company's strategy going forward, and they retained me even while letting so many others go. It's something I was deeply grateful for, and I repaid them with many years of great service.

So moral of the story ... you never know what's gonna happen at any time, in your current or new job. Just try excelling rather than flying below the radar, because in a crisis situation *nobody* can fly under the radar anymore.