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Leaving Employment Letter for South Africa

Leaving Employment Letter Template for South Africa

A Leaving Employment Letter is a formal document used in South Africa to officially confirm and document the termination of employment between an employer and employee. This document, governed by South African labor law including the Basic Conditions of Employment Act and Labour Relations Act, serves to clearly outline the terms and conditions of the employment termination, including the last working day, notice period arrangements, final payment details, and post-employment obligations. It provides legal protection for both parties and ensures compliance with South African employment legislation while maintaining a clear record of the termination process.

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What is a Leaving Employment Letter?

The Leaving Employment Letter is a crucial document in South African employment practice that formalizes the termination of employment, whether through resignation, retirement, or mutual agreement. This document serves as an official record and should be issued promptly following the notification of employment termination. It must comply with South African labor legislation, particularly the Basic Conditions of Employment Act and Labour Relations Act, and should address all relevant aspects of the employment termination including notice periods, final payments, and post-employment obligations. The letter helps prevent future disputes by clearly documenting the termination terms and ensures both parties understand their rights and responsibilities during the transition period.

What sections should be included in a Leaving Employment Letter?

1. Letter Header: Company letterhead, date, reference number, and employee's contact details

2. Subject Line: Clear indication that this is a leaving employment letter/confirmation of termination of employment

3. Formal Address: Proper salutation and employee's name

4. Confirmation of Departure: Clear statement of employment termination, including last working day and type of termination (resignation, retirement, etc.)

5. Notice Period: Confirmation of notice period and how it will be served or handled

6. Final Payment Details: Overview of final salary, leave pay, and any other payments due

7. Company Property: List of company property to be returned and deadline for return

8. Confidentiality Reminder: Reminder of ongoing confidentiality obligations post-employment

9. Administrative Matters: Information about final documentation, tax certificates, and UIF forms

10. Closing: Professional closing, including contact details for future correspondence and signature block

What sections are optional to include in a Leaving Employment Letter?

1. Garden Leave: Include when employee is placed on garden leave during notice period

2. Restraint of Trade: Include when reminding employee of existing restraint of trade obligations

3. Benefits Continuation: Include details of any benefits that continue post-employment or conversion options

4. Exit Interview: Include when an exit interview needs to be scheduled

5. Reference Letter: Include when confirming if and how references will be handled

6. Outstanding Commissions: Include for sales positions with pending commission payments

7. Share Options/Long-term Incentives: Include when employee has outstanding share options or long-term incentives

8. Handover Requirements: Include when specific handover procedures need to be documented

What schedules should be included in a Leaving Employment Letter?

1. Final Payment Calculation: Detailed breakdown of final payment including salary, leave pay, and other entitlements

2. Company Property Checklist: Itemized list of company property to be returned

3. Handover Document Template: Template for documenting handover of duties and ongoing projects

4. Benefits Summary: Summary of benefit terminations and conversion options where applicable

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 | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Document Type

Employment Form

Cost

Free to use
Relevant legal definitions




















Clauses



















Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Mining

Professional Services

Education

Telecommunications

Construction

Agriculture

Hospitality

Transportation

Energy

Public Sector

Relevant Teams

Human Resources

Legal

People Operations

Employee Relations

Talent Management

HR Operations

HR Administration

Compliance

Industrial Relations

Payroll

Relevant Roles

HR Manager

HR Director

HR Business Partner

Legal Counsel

Employment Relations Manager

HR Administrator

Recruitment Manager

Compensation and Benefits Manager

HR Operations Manager

People Operations Director

Chief Human Resources Officer

HR Coordinator

Employee Relations Specialist

Talent Management Director

HR Compliance Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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