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Can HR sign contracts, leavers letters, termination letters etc.

Zerina

Hi all

I recently joined my company and I was just told off by our General Counsel for signing simple leavers letter. She said that all legally binding documents (such as a termination of employment agreement) can only be signed by an authorised representative of the legal entity that originally employs the employee such as Directors.

This is news to me as in my previous role i used to sign all letters coming out of HR department. If we can't sign even simple leavers letter then what are we here for.

It would be great to get some advice as this made me really upset.

Thanks! 

Zerina 

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  • Hi Zerina
    I had to smile reading your post. In many companies lawyers and general counsels are notoriously conservative animals. At the extreme, if you apply their advice, no manager would be able to give legitimate (legally binding) operations instructions to their staff without the approval in writing of the MD.
    This sounds more like a cultural thing to me, and you might want to explore the question urther with your boss what limits they think should exist within your company on who can sign what (leave requests, expense claims). One area that helps people to understand the wuestion is "who can sign off the instructions for the monthly payroll to be actioned, and what supporting documents need to be prepared to enable this to happen"?
  • in reply to Ray
    Thank you both so much, you are absolutely right! Some people like to control everything and they think that they have all knowledge in the world. You both made my day!
  • in reply to Zerina
    I'd be inclined to mention that as I am the HR person employed by the company which - by default authorised me to carry out reasonable duties as bound by my employment contract, then there should be a presumption that it would include being allowed to sign letters I'd written. That assumes you are not a secretary??
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  • in reply to Zerina
    I'd be inclined to mention that as I am the HR person employed by the company which - by default authorised me to carry out reasonable duties as bound by my employment contract, then there should be a presumption that it would include being allowed to sign letters I'd written. That assumes you are not a secretary??
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