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Found the perfect job candidate? Here's what to include in your offer of employment

by , 29 May 2014
Believe it or not, your offer of employment can land you a date at the Labour Court.

That's right. If you say the wrong things in it, the candidate could challenge you in court.

And that's why once you've found the right candidate; you have to make sure your offer of employment complies with the Labour Relations Act (LRA) as well as the Basic Conditions of Employment Act (BCEA).

How do you do this? We recommend you include the following in your offer of employment letter.


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To ensure your offer of employment letter complies with the LRA and the BCEA, make sure it include the following

#1: Your letter must have a date.

#2: Address the letter to the candidate by title and last name. For example, say 'Dear Mr Mkhize.'

#3: State the reason for the letter.

For example, 'I'm pleased to confirm your offer of employment by (company name) in the position of (appointed position) for the (division/department/region/branch).'

#4: Say when the candidate has to start the job, who he'll report to and where your offices are.

You can, for instance say, 'If accepted, your employment will commence on……/…../…...
In the capacity of (position), you will report directly to the (position of the direct report). You will be located at (office location's physical address).'

#5: Include the terms of the offer of employment

Here, you can say, 'This offer of employment is subject to the signing of a performance contract which will detail your job outputs, focus areas and expected key performance targets.'

If it's company policy to have a probation period, you can add a line saying: 'This offer of employment is also subject to the satisfactory completion of a 3 (three) month probationary period.'

#6: Confirm remuneration and any perks

For example, say, 'We confirm our remuneration offer is a gross remuneration package of
R …………… per month total cost to company and the use of a company vehicle and cellular phone as defined in/by the respective Company Vehicle and Cellular Phone Policy of (company name).'

If you offer medical aid or pension contributions, include this and make it clear how your contributions work.

You can't afford not to include these final points in your offer of employment…


The critical clauses you must include in your new hire's employment contract

You employment contract is a vital document! You must ensure you develop it along the legal requirements. There are 16 clauses you have to include. And we've included the 12 others that will protect you as an employer. Cover all your bases when it comes to a new employee's contract.


#7: Explain what'll happen when the candidate accepts the offer

Here you can say, 'Once your acceptance is confirmed you will be provided with a full letter of appointment and employment contract detailing all the related conditions.'

#8: Ask the candidate to sign the document if he accepts the offer and tell him when to return the document

For example, 'Kindly indicate your acceptance of the above by signing below and returning it (by fax: ………………..) to……………. on or before (insert the day) ……../……../……..'

#9: Close the letter by telling the applicant to contact you if he has questions.

For example, 'Please contact me if you require any further clarification. Yours sincerely
(Authorised person's name)'

There you have it: Include all nine points and your offer of employment letter will comply with the BCEA and LRA.

If you want a sample of the offer of employment letter, check out the Practical Guide to Human Resources Management.

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