CHAPTER : V

Letter Drafting

Drafting of Appointment letter

• An offer of employment or letter of appointment is a written document which formally offers a position of employment to a person.

• Generally, well-drafted letters of appointment are a good idea from the viewpoint of all employees and employers.

• They clarify the general agreement made and set the scene for determining the contents of the contract of employment.

• A letter of appointment or a written offer of employment should be provided to all new employees.

• In the case of non-award employees it is a critical point that there are no obvious fall-back documents (eg: an award) to refer to in order to understand the terms of the employment relationship.

• Such basic matters as remuneration, hours of work, superannuation and termination of employment need to be clear between the parties.

• Definition of non-award/agreement employee. (white collar employees)

• A 'non-award/agreement' employee is a general term referring to an employee to whom neither an award nor an enterprise agreement applies. Examples of such employees can include managers or supervisors, or employees in non-unionised industries.

• Employers, Human Resources personnel, or the employers’ advisers usually draft offers or letters of employment.

• Where a ‘standard’ situation is in issue, a standard approach may be taken.

• However, if there are some different or particular matters to cover, careful attention should be paid to the relevant variations from the standard.

• For example, an employer may wish a particular employee to be available at unusual hours and this should be made clear in any offer or terms of employment.

• it is very important to set out clearly and accurately the terms and conditions of employment in the letter.

• This letter should include --• commencement date, • reporting manager or supervisor, • whether a probationary period applies and the duration of that period, • salary, • sick leave,• superannuation, • other benefits such as car etc,• leave entitlements, notice requirements etc. • Many of these terms and conditions will be particular to the individual job. If

the engagement is conditional on the employee signing a detailed contract of employment then this should be made clear in any letter of appointment.

What is a letter of appointment/offer of employment – award/agreement employee

• An offer of employment or a letter of appointment in this context is a written document which formally offers a position of employment to a person. Sometimes the offer and the key terms of employment are rolled into one and sometimes the offer is made and the letter of appointment follows.

• It is not as critical to provide written offers or letters of appointment to award employees as it is with non-award employees, but it is still advisable and prudent to do so. The written record serves to nullify any arguments over what was agreed between the parties.

• Unskilled/manual labour; clerical; tradespeople - all of whom would almost always be covered by awards or agreements - may be given a letter of appointment which outlines the critical information relating to the new position -- so that commencing date and time, remuneration, superannuation and some administrative details are commonly found;

• Professional staff are less likely to be covered by an award or an agreement. For those who are covered, they are more likely to be given a detailed letter of appointment which could in itself constitute a contract of employment (making sure that the minimum provisions of any relevant award are met).

• Middle and senior management as well as managing directors/CEOs are most unlikely to be covered by an award or a registered agreement.

Interview letters• The Interview Invitation Letter acknowledges receipt of a job application form, and proposes a

date and time for an interview, requesting contact if an suitable, alternative date and time is required.

• Specify the date, time and location of the interview - enclose a map if appropriate. • Indicate to whom and where the candidate should report to. • Provide information about any additional aspects of the selection process that are going to be

incorporated into the day of the interview such as typing tests, presentations and/or informal lunches.

• Ask if the candidate, whether or not they have disclosed a disability or health concern, requires any special adjustments or equipment that they would need to attend interview.

• Candidate’s request should not be refused without discussing the matter with the Department of Human Resources .

• Information about interview expenses that candidates can claim where appropriate • Request that the candidate confirms his/her attendance at the interview by a specified date.

• The main costs associated with the interview process are:• Travel Costs • Accommodation Costs • Hospitality Costs

Transfer Order• A transfer is a lateral move to a position in the same classified pay range • or to a  

 position with comparable duties and responsibilities.

      All employees are eligible for transfer after being employed in their present position for atleast three months.

• In addition, an employee must have been performing in a satisfactory manner in      his/her current job.

Employees are considered as candidates for transfer in the following order or priority:      a. Eligible employees in same department as the job opening      b. Eligible employees in other departments who have requested a transfer      c. Eligible employees being considered for lay-off due to a reduction in force

• . Employees desiring a transfer should submit a written request for transfer to his/her department head.

• The employee should identify the specific vacancy in which they are interested.

•

• The department head forwards the request to the Department of Human Resources for recommended action.

• The Department of Human Resources will determine whether the desired job or a suitable job opening  exists. If a suitable job is available, the Department of Human Resources will arrange for the employee's application to be reviewed by the department in which the opening exists.

Employees will be allowed time off with pay for job interviews related to transfers.

The decision to effect the transfer will be made by the head of the department in which the job opening occurs.

Promotion letter

• A promotion letter is a letter from the employer to the employee detailing the new job and its responsibilities.

• A promotion letter insures that the employee understands their new role in the organization. The promotion letter outlines who the employee reports to, who may report to them, and their additional responsibilities and the expectations of the new position.

• The promotion letter should also mention the new salary if there is one.

Model of promotion letter

• DATE………. • FOR IMMEDIATE RELEASE• SoftLite Industries is proud to name Jill Smith as its new.

Chief Executive Officer• Mrs. Smith] has been with Softlite Industries for three

years as Vice President of Sales.  • She has helped boost SoftWare consumer sales over

the half-billion mark, and was a chief player in the marketing of our widely successful PowerStatment line of accounting software.

• We congratulate Jill Smith, and look forward to a prosperous future with her.

Show Cause Notice.

• A Show Cause Notice is an official document• inviting you to show cause or justify to Council• why Council should not issue you with an• Enforcement Notice to remedy the alleged• breach of legislation. If you do not attend the• hearing or respond in one of the other ways• indicated in the Notice, Council will issue an• Enforcement Notice. • Failure to comply with an• Enforcement Notice is of itself an offence.

Charge Sheet

• It is used in Personnel Administration, more specifically with disciplinary Action to be taken against an employee.

• Charge sheet is notice of a charge that the employee is responsible for some misconduct and the management wants to know what he has to say about it.

• It gives the employee an opportunity to explain his conduct.

• In an enterprise, the procedure of taking Disciplinary Action starts with serving a charge sheet to the employee concerned.

Memo

• Memos bring attention to problems and they solve problems.

• They accomplish their goals by informing the reader about new information like policy changes, price increases, or by persuading the reader to take an action, such as attend a meeting, or change a current production procedure.

• Regardless of the specific goal, memos are most effective when they connect the purpose of the writer with the interests and needs of the reader.

Warning Notice• An effective employee warning should inform the employee of a

specific employee violation or performance and also offer the opportunity to improve or correct.

• One of the best methods to ensure that the employee takes immediate action to their warning is by documenting and communicating the warning through the usage of the Employee Warning Notice.

• In case the employee doesn’t immediately improve, the form also documents that the warning did take place and will assist should documentation should be necessary through an employee dispute and or lawsuit.

• The Employee Warning Notice provides spaces for the complete details of a disciplinary discussion, including the date and offense. There is adequate space for comments by both the supervisor and employer, the disciplinary action taken and a place for a signature to acknowledge the receipt of notice.

Employees Disciplinary Punishments Act

Passed on 5 May 1993 (Fine)• (1)An employer has the right to impose fines which do not exceed ten times the

average daily wages of the employee. • (2) An employer shall deposit fines, in addition to the social tax, into the social

fund after paying wages to the employee. The procedure for deposit of fines into the social fund shall be established by the Government of the Republic.

• (3) A fine is calculated based on the average daily wages which, pursuant to the Employment Contracts Act, are payable upon termination of an employment contract for each working day for which advance notice was not given.

• (4) An employer shall deduct a fine from the wages of an employee such that the sum of all deductions does not exceed 50 per cent of the wages payable to the employee upon each payment of wages.

• (5) The deduction of a fine commences not later than from the second payment of wages to an employee after the imposition of a punishment. Deductions are continued from each following payment of wages until the fine is deducted in full but for not longer than three months after the first deduction. If deductions are not commenced in a timely manner, the employee is deemed not to be punished and no disciplinary punishment can be imposed on him or her for the same offence. If the deduction of a fine is interrupted, the employee is deemed to be punished by way of a disciplinary punishment and the fine can no longer be deducted from his or her wages. If an employer stops making deductions from the wages of an employee before the prescribed time, the employee is deemed to be punished by way of a disciplinary punishment.

Termination and Dismissal of services

• Termination of employment is the end of an employee's duration with an employer. Depending on the case, the decision may be made by the employee, the employer, or mutually agreed upon by both.

• Voluntary termination is a decision made by the employee to leave the job. Such a decision is commonly known as "resignation", "quitting", "leaving", or "giving notice".

• Involuntary termination is the employee's departure at the hands of the employer. There are two basic types of involuntary termination, known often as being "fired" and "laid off."

• Dismissal is the employer's choice to let go of the employee generally for a reason that is the fault of the employee.

• A layoff is usually not strictly related to personal performance but due to economic cycles or the company's need to restructure itself, or a change in function of the employer (for example, a certain type of product or service is no longer offered by the company and therefore jobs related to that product or service are no longer needed).

Letter of Appreciation

• Reasons to write a letter of appreciation include:

-    Encouraging future opportunities for working together.-    Creating or strengthening personal and business relationships.-    Giving praise for a stand-out performance or work completed..-    Thanking someone for a contribution or help-    Motivating someone to reach goals.-    Acknowledging receipt of an important document or a gift.