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Layoff Letter Template for South Africa

A layoff letter is a formal document used in South Africa to notify an employee of their retrenchment due to operational requirements. The document must comply with Section 189 of the Labour Relations Act and other relevant South African employment legislation. It includes essential information about the termination of employment, including the reasons for retrenchment, notice period, severance package details, and final payment calculations. The letter serves both as a legal notice and a formal communication tool, ensuring transparency in the retrenchment process while adhering to South African labor law requirements for fair dismissal procedures.

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What is a Layoff Letter?

The Layoff Letter is a crucial document in South African employment law, used when an organization needs to terminate employment due to operational requirements or economic circumstances. It must comply with Section 189 of the Labour Relations Act and related employment legislation, which mandates specific content and procedures for retrenchment notices. The document serves multiple purposes: it formally notifies the employee of the termination, outlines the reasons for retrenchment, details the severance package and benefits, and provides information about final payments and procedures. This letter forms part of the formal retrenchment process and must be preceded by appropriate consultation as required by South African law. It's essential for documenting the retrenchment process and protecting both employer and employee rights.

What sections should be included in a Layoff Letter?

1. Company Letterhead and Date: Official company letterhead with current date and reference number

2. Employee Details: Full name, employee ID, position, and department of the affected employee

3. Subject Line: Clear indication that this is a notice of retrenchment

4. Reason for Retrenchment: Clear explanation of the operational requirements or economic circumstances necessitating the retrenchment

5. Effective Date: Last day of employment and notice period details

6. Severance Package: Details of the statutory severance pay calculation and amount

7. Final Payment Details: Breakdown of final payment including leave pay, pro-rata bonuses, and other entitlements

8. Return of Company Property: List of company property to be returned and process for doing so

9. Acknowledgment: Space for employee signature and date to acknowledge receipt

What sections are optional to include in a Layoff Letter?

1. Outplacement Support: Details of any career transition services being offered, used when the company provides such support

2. Reference Letter Offer: Information about providing references, included when the company is willing to provide references

3. Extended Benefits: Information about any continuation of medical aid or other benefits, included when applicable

4. Alternative Position Options: Details of any alternative positions available within the organization, included when such options exist

5. Recall Rights: Information about potential recall if positions become available, included when the company has such a policy

What schedules should be included in a Layoff Letter?

1. Severance Calculation Sheet: Detailed breakdown of severance pay calculation

2. Final Payment Breakdown: Itemized list of all final payments and deductions

3. Benefits Summary: Summary of all benefits and their termination dates

4. UI-19 Form: Unemployment Insurance form for claiming UIF benefits

5. Company Property Checklist: List of company property to be returned with sign-off sections

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

South Africa

Document Type

Employment Form

Cost

Free to use

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