To safeguard your rights as an employee, a crucial step is to insist on having a formal letter of employment right from the beginning.
While it might seem obvious, relying solely on verbal agreements to commence work and receive payment can lead to complications.
It is important to know if you’re a contractor under the agreement or an employee.
This principle also applies to appointments. If you’ve been appointed as an agent to sell a property without a written power of attorney, you may find yourself working without legal grounds to enforce anything.
Legal Standpoint:
The legal standpoint is straightforward. In the case of Ajagu v. JAMB, the Court of Appeal emphasized that your letter of employment (or appointment) serves as the foundation for claiming your status as an employee, granting you corresponding rights.
Now, let’s explore what essential details a valid letter of employment should include.
Safeguard Your Rights as an Employee: What a Valid Letter of Employment Should Include
- Job Title and Description: Clearly specify your job title and provide a detailed description of your responsibilities. This helps establish a clear understanding of your role within the organisation.
- Terms of Employment: Outline the terms and conditions of your employment, including the type of employment (full-time, part-time, temporary), the duration of the contract (if applicable), and any probationary periods.
- Salary and Benefits: Clearly state your salary, including the frequency of payments (monthly, weekly, or annually).
- Working Hours: Specify your regular working hours, including any expectations for overtime or flexibility.
- Leave Policies: Clearly define the company’s policies regarding vacation, sick leave, and other types of leave. This ensures that you are aware of your entitlements and the procedures to follow when requesting time off.
- Termination Conditions: Clearly outline the conditions under which either party can terminate employment. This includes notice periods, severance packages, and any specific reasons for termination.
- Confidentiality and Non-Disclosure Agreements: If applicable, include clauses related to confidentiality and non-disclosure to protect sensitive company information.
- Dispute Resolution Mechanisms: Specify how disputes between you and the employer will be resolved. This could involve arbitration, mediation, or other agreed-upon methods.
By ensuring these elements are clearly articulated in your letter of employment, you not only safeguard your rights as an employee but also establish a foundation for a transparent and mutually beneficial working relationship.
Always review this document carefully before signing, and seek legal advice to ensure that your rights are adequately protected.
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