Separation Letter Template for South Africa

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Key Requirements PROMPT example:

Separation Letter

"I need a Separation Letter for a senior software developer who is resigning voluntarily effective March 15, 2025, including clauses about ongoing confidentiality obligations and their unvested stock options."

Document background
A Separation Letter is a crucial document in South African employment practice that formalizes the termination of an employment relationship. It is used when an employee's service with the company is ending, whether through resignation, mutual agreement, retirement, or termination. The document must align with South African labor laws, including the Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act 75 of 1997. A properly drafted Separation Letter protects both employer and employee interests by clearly documenting the terms of separation, including notice periods, final payments, benefit terminations, and ongoing obligations. It serves as an important reference point for both parties and may be required for various administrative purposes, including unemployment insurance claims or future employment verification.
Suggested Sections

1. Letter Header: Company letterhead, date, and reference number

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

3. Separation Statement: Clear statement confirming the termination of employment and the effective date

4. Notice Period: Details of the notice period or payment in lieu of notice

5. Final Payment Details: Breakdown of final salary, leave pay, and other entitlements

6. Company Property: List of company property to be returned and deadline

7. Confidentiality Reminder: Reminder of ongoing confidentiality obligations

8. Reference Policy: Company's policy regarding providing references

9. Contact Information: HR contact details for queries and administrative matters

10. Acknowledgment: Space for employee signature and date

Optional Sections

1. Severance Package: Include when offering additional severance benefits beyond statutory requirements

2. Medical Aid Extension: Include when offering continued medical benefits

3. Outplacement Services: Include when the company is providing career transition support

4. Non-Compete Reminder: Include when employee is bound by existing non-compete agreements

5. Legal Release: Include when separation involves mutual release of claims

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

7. Retirement Benefits: Include for employees eligible for retirement benefits

Suggested Schedules

1. Final Payment Calculation: Detailed breakdown of all final payments including salary, leave, bonuses, and deductions

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

3. Benefits Summary: Summary of benefit terminations and continuation options

4. Exit Process Checklist: Step-by-step guide of exit procedures and timelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Financial Services

Mining

Manufacturing

Retail

Technology

Healthcare

Education

Professional Services

Construction

Agriculture

Telecommunications

Transportation

Energy

Hospitality

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Research and Development

Customer Service

Administration

Production

Quality Assurance

Business Development

Strategy

Procurement

Relevant Roles

Chief Executive Officer

Managing Director

General Manager

Department Head

Senior Manager

Project Manager

Account Manager

Sales Representative

Administrative Assistant

Technical Specialist

Human Resources Manager

Financial Controller

Operations Manager

Marketing Executive

Software Developer

Research Analyst

Customer Service Representative

Production Supervisor

Legal Counsel

Business Development Manager

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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