Employee Handbook - Template, Sample Form to Fill out Pro · NG-law

________
EMPLOYEE HANDBOOK

Prepared in accordance with the Labour Act, Cap L1, Laws of the Federation of Nigeria 2004, the Nigeria Data Protection Act 2023, the Pension Reform Act 2014, the Employees' Compensation Act 2010 and other applicable laws of the Federal Republic of Nigeria.

TABLE OF CONTENTS

PART 1: INTRODUCTION

1.1 About the Employee Handbook
1.2 Policy Modification
1.3 Nature of Employment
1.4 Dispute Resolution

PART 2: ABOUT THE COMPANY

2.1 Basic Company Information
2.2 The Company's Mission
2.3 The Company's Vision
2.4 The Company's Core Values and Culture

PART 3: EMPLOYMENT POLICIES

3.1 Classification of Employment
3.2 Probationary Period
3.3 Outside Employment
3.4 Non-Disclosure of Confidential Information
3.5 Conflict of Interest
3.6 Non-Compete and Non-Solicitation Obligations
3.7 Data Protection and Privacy
3.8 Intellectual Property Ownership
3.9 Transfer of Employment

PART 4: WORK POLICIES

4.1 Hours of Work
4.2 Overtime
4.3 Attendance and Punctuality
4.4 Dress Code
4.5 Performance Appraisal
4.6 Salary Increases

PART 5: ECONOMIC BENEFITS

5.1 Remuneration Plan
5.2 Transport Benefits
5.3 Health Insurance
5.4 Retirement Plan
5.5 Employees' Compensation
5.6 Other Benefits

PART 6: LEAVES AND HOLIDAYS

6.1 General Provision
6.2 Annual Leave
6.3 Parental Leave
6.4 Sick Leave
6.5 Compassionate Leave
6.6 Study Leave
6.7 Meetings and Conferences
6.8 Public Holidays

PART 7: ELECTRONIC DEVICES AND INTERNET POLICIES

7.1 Computers and Handheld Devices
7.2 Information Security
7.3 Internet Acceptable Use
7.4 Email and Computer Use
7.5 Social Media Policy

PART 8: CODES OF CONDUCT

8.1 Equal Employment Opportunity
8.2 Policy Against Workplace Harassment and Discrimination
8.3 Discipline for Non-Compliance
8.4 Grievance and Complaints Procedure

PART 9: TERMINATION AND DISMISSAL

9.1 Termination of Employment
9.2 Summary Dismissal
9.3 Redundancy
9.4 Resignation from Employment
9.5 Obligations of Employees after Termination

PART 1: INTRODUCTION

1.1 About the Employee Handbook

This Employee Handbook (the "Handbook") of ________ (the "Company") has been established to set out the rules, policies and guidelines governing the relationship between the Company and its employees.

This Handbook summarises and explains the policies, rules and regulations applicable to every employee of the Company. It is not, and shall not be construed as, a contract of employment, nor a guarantee of employment for any fixed period. The specific terms of each employee's engagement are contained in that employee's written contract of employment.

This Handbook is supplemental to each employee's contract of employment and any other policies, materials and information issued by the Company. Where there is any conflict between this Handbook and an employee's written contract of employment, the written contract of employment shall prevail.

Adherence to the provisions of this Handbook is a condition of employment. Failure to comply with any provision of this Handbook may attract disciplinary action up to and including dismissal.

This Handbook replaces and supersedes any previous employee handbook, rule, policy, manual or guideline of the Company, whether oral or written.

1.2 Policy Modification

The Company may, at any time and at its sole discretion, amend, revise, modify or revoke the terms of this Handbook. Employees shall be duly notified in writing of any material change. Every employee has a duty to read, understand and comply with the terms of any amended version of this Handbook. Any question arising from an amendment should be directed to the employee's supervisor, head of department or the Human Resources unit of the Company.

1.3 Nature of Employment

Employment with the Company is governed by the Labour Act, the National Industrial Court of Nigeria practice and procedure and the individual contract of employment of each employee. Either party may terminate the employment relationship in accordance with the notice provisions set out in Part 9 of this Handbook and in the relevant contract of employment.

No officer or employee of the Company has authority to make any promise, representation or commitment contrary to this Handbook, unless such promise, representation or commitment is made in writing and duly authorised by the Company's management.

1.4 Dispute Resolution

Any dispute, difference or grievance arising between an employee and the Company shall, in the first instance, be reported to and addressed internally through the Company's grievance procedure set out in §8.4.

Where any such dispute remains unresolved, the parties shall endeavour to resolve it amicably, including by mediation. Notwithstanding the foregoing, the parties acknowledge that the National Industrial Court of Nigeria has exclusive jurisdiction over labour and employment matters under section 254C of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The governing law shall be the law of the Federal Republic of Nigeria and the venue for any proceedings shall be ________.

PART 2: ABOUT THE COMPANY

2.1 Basic Company Information

Welcome to ________ (the "Company"). The Company is duly incorporated under the Companies and Allied Matters Act 2020 with registration number (RC) ________ and Tax Identification Number (TIN) ________. The Company was established principally for the following purpose:

________

The registered/principal address of the Company is:

________

The Company's primary email address is ________.

2.2 The Company's Mission

The Company's mission statement is:

________

2.3 The Company's Vision

The Company's vision statement is:

________

2.4 The Company's Core Values and Culture

The Company's core values and culture are:

________

PART 3: EMPLOYMENT POLICIES

3.1 Classification of Employment

Employees of the Company shall be classified as follows:

(I) Regular Full-Time Employees: persons regularly scheduled to work the following hours per week: ________, and who are entitled to the full benefits described in this Handbook;

(II) Temporary/Fixed-Term Employees: persons engaged for a limited period of ________. Such engagement may be extended by written agreement signed by the Company's management. The employment of a temporary employee may be terminated in accordance with the Labour Act and the relevant contract of employment.

For the purpose of employee classification, independent contractors, service providers, external solicitors, auditors, accountants and consultants are not employees of the Company and are not entitled to leave, pension, insurance or other employment benefits.

3.2 Probationary Period

All new employees shall serve a probationary period of ________, during which their performance and suitability shall be assessed.

At the end of the probationary period, and subject to a satisfactory performance appraisal, the employee's appointment shall be confirmed in writing. The Company may, during the probationary period, terminate the employment by giving the notice prescribed under section 11 of the Labour Act and the relevant contract of employment.

3.3 Outside Employment

Every employee is required to devote their full working time and attention to the Company and shall not engage in any other paid employment or business that conflicts with the Company's interests without the prior written consent of the Company's management.

3.4 Non-Disclosure of Confidential Information

In the course of employment, employees may have access to non-public, confidential and trade-secret information relating to the business of the Company.

"Confidential Information" includes all information or materials of whatever nature relating to the business of the Company, whether oral, written or electronic, including documents, techniques, practices, tools, specifications, inventions, patents, trademarks, software, drawings, programmes, customer data and any other information not known or readily ascertainable by the general public.

Confidential Information does not include information which:

(I) is, by written record, already in the public domain at the time of disclosure;

(II) enters the public domain through no fault of the employee;

(III) is disclosed by the Company to third parties without restriction;

(IV) is lawfully received from a third party entitled to disclose it; or

(V) is required by law or order of a court of competent jurisdiction to be disclosed.

As a condition of employment, each employee agrees:

(I) to take reasonable measures to preserve the confidentiality of the Confidential Information;

(II) not to disclose, publish or make public any Confidential Information without prior written consent;

(III) not to use the Confidential Information for any purpose other than the performance of designated duties;

(IV) to use Confidential Information solely in accordance with the contract of employment; and

(V) not to modify or alter any Confidential Information without prior authorisation.

These obligations shall survive the termination of employment for so long as the information remains confidential.

3.5 Conflict of Interest

Employees shall avoid any relationship, association, business or situation that conflicts, or may conflict, with the interests of the Company, and shall promptly disclose all actual or potential conflicts of interest to the Company's management.

3.6 Non-Compete and Non-Solicitation Obligations

As a condition of employment, and to the extent reasonable and enforceable under Nigerian law, each employee agrees that, during the term of employment, they shall not directly or indirectly engage in any business in competition with the Company, including by:

(I) soliciting orders from or doing business with any client or customer of the Company on their own account;

(II) establishing or participating in any organisation providing products or services in competition with the Company; or

(III) advising or working for any person or organisation in competition with the Company.

For a period of ________ following the termination of employment, and within the geographical area of ________, the employee shall not solicit the Company's clients or employees, provided that such restraint is reasonable in scope and necessary to protect the legitimate proprietary interests of the Company. Any restraint found by a court of competent jurisdiction to be unreasonable shall be severed and the remaining provisions shall continue in full force.

3.7 Data Protection and Privacy

The Company processes employees' personal data in accordance with the Nigeria Data Protection Act 2023 and any subsidiary regulation issued by the Nigeria Data Protection Commission. Personal data is collected and processed only for lawful, specified employment purposes, and the Company takes reasonable technical and organisational measures to safeguard such data against unauthorised access, loss or misuse.

Employees' personal data shall not be disclosed except as required for legitimate business operations, as required by law, or with the consent of the employee. Any unauthorised access to, copying or transmission of personal data by an employee shall constitute misconduct. Employees shall promptly report any suspected personal data breach to the Company's management or data protection officer.

3.8 Intellectual Property Ownership

As a condition of employment, the employee agrees that all intellectual property and related materials, including trademarks, trade secrets, goodwill, patents, copyrights, designs and inventions created, developed or produced by the employee in the course of employment shall vest exclusively in and remain the sole property of the Company. The employee shall execute all documents reasonably necessary to give effect to such ownership.

3.9 Transfer of Employment

Where the Company is acquired by or merged with another organisation, an employee may be transferred to the successor organisation with the employee's consent and upon such terms as may be agreed between the parties in accordance with applicable law.

PART 4: WORK POLICIES

4.1 Hours of Work

Except as otherwise agreed, the normal hours of work are from ________ to ________ on working days, with a break at ________.

4.2 Overtime

Where it is necessary for an employee to work beyond normal hours, on weekends or on public holidays, the employee shall, save where otherwise provided in the contract of employment, be entitled to overtime pay in accordance with the contract of employment and the Labour Act.

4.3 Attendance and Punctuality

Regular attendance and punctuality are mandatory. An employee who will be absent or late must notify their supervisor at the earliest possible time, and an employee who needs to leave before closing time must obtain prior approval from their supervisor.

Where an employee is absent without authorisation and fails to notify their supervisor for a consecutive period of ________ working days, such absence may be treated as misconduct and may be deemed an abandonment of employment.

4.4 Dress Code

The Company's dress code is as follows:

________

Adherence to the dress code is mandatory.

4.5 Performance Appraisal

Employees shall be subject to periodic performance appraisal. The Company shall provide a systematic means of evaluating each employee's performance, conducted by the employee's supervisor or the Company's management. The appraisal is intended to provide a record of performance, facilitate feedback and promote a productive working relationship between the employee and the Company.

4.6 Salary Increases

Good performance does not automatically entitle an employee to a salary increase. The Company may, at its sole discretion, increase the salary or award bonuses to any employee.

PART 5: ECONOMIC BENEFITS

5.1 Remuneration Plan

An employee's salary is determined by their position as set out in the contract of employment. Save where otherwise stated, salaries are paid monthly, and all deductions shall be reflected in the employee's payslip. Lawful deductions include pension contributions under the Pension Reform Act 2014, Pay-As-You-Earn (PAYE) income tax under the Personal Income Tax Act, contributions under the National Housing Fund Act, and any other deduction permitted by law or authorised by the employee.

In addition to basic salary, employees may, subject to the terms of their contracts, be entitled to bonuses approved and determined by the Company's management.

5.2 Transport Benefits

The Company may provide transport benefits to eligible employees as follows:

________

5.3 Health Insurance

The Company provides the following health insurance benefits to eligible employees, in line with applicable regulations of the National Health Insurance Authority:

________

The health insurance plan is provided through: ________. The Company shall pay the premium, save that it may require the employee to contribute a portion thereof. Details of the plan shall be provided to eligible employees.

5.4 Retirement Plan

In accordance with the Pension Reform Act 2014, the Company shall remit pension contributions on behalf of its eligible employees into the Contributory Pension Scheme through a Pension Fund Administrator chosen by each employee, comprising a minimum of ten per cent (10%) employer contribution and eight per cent (8%) employee contribution of the employee's monthly emoluments, or such other rates as may be prescribed by law.

5.5 Employees' Compensation

In accordance with the Employees' Compensation Act 2010, the Company shall make contributions to the Employees' Compensation Fund administered by the Nigeria Social Insurance Trust Fund (NSITF). Employees who suffer permanent partial incapacity, permanent total incapacity, temporary incapacity, occupational disease or death arising out of and in the course of employment shall be entitled to compensation as provided under that Act. All workplace injuries and accidents must be reported promptly to the Company's management.

5.6 Other Benefits

Employees shall also be entitled to the following additional benefits:

________

PART 6: LEAVES AND HOLIDAYS

6.1 General Provision

Regular attendance is mandatory; however, employees are entitled to the leave and holidays provided by law and by this Handbook. Every leave (other than sick or maternity leave) must be approved in advance by the Company's management and may be approved, denied or postponed having regard to operational requirements. Upon approval of any leave, the employee shall properly hand over all pending tasks. The Company shall take reasonable steps to restore an employee to their former or a similar position on return from leave.

6.2 Annual Leave

In accordance with section 18 of the Labour Act, every employee who has been in continuous employment for twelve (12) months is entitled to paid annual leave. The Company grants annual leave of ________ per calendar year, which shall not be less than the statutory minimum. Annual leave shall be taken at times convenient to the Company upon reasonable notice and prior approval.

6.3 Parental Leave

In accordance with section 54 of the Labour Act, a female employee shall, on production of a medical certificate stating that her confinement will probably take place within six (6) weeks, be entitled to maternity leave of six (6) weeks before and six (6) weeks after delivery. Where the employee has been in continuous employment for the qualifying period, she shall be entitled to not less than fifty per cent (50%) of her wages during such leave, or to full pay where so provided by her contract of employment. The Company shall pay ________ of the employee's salary during maternity leave. On conclusion of the leave, the employee shall be restored to her former or a similar position.

Male employees may be entitled to paternity leave of ________. All parental leave must be approved by the Company.

6.4 Sick Leave

In accordance with section 16 of the Labour Act, an employee is entitled to paid sick leave of ________ (________) days in any calendar year on account of temporary illness certified by a registered medical practitioner. Depending on the nature of the illness, the Company's management may approve an extension. On conclusion of sick leave, the employee shall, before resuming work, present a certificate of fitness from a registered medical practitioner.

6.5 Compassionate Leave

Compassionate leave may be granted for personal circumstances, including:

(I) the serious illness of the employee's spouse, child or partner;

(II) the serious injury of the employee's spouse, child or partner;

(III) a family emergency, including the death of a close family member.

Where leave is requested to care for a sick or injured family member, the employee shall present a medical certificate signed by the relevant medical practitioner stating:

(I) the nature of the condition and the date it commenced;

(II) the estimated duration of the condition;

(III) the estimated period for which the employee's care will be required;

(IV) confirmation that the employee's care and support is required.

6.6 Study Leave

An employee may be entitled to study leave of ________ (________) days, subject to the request of the employee and the prior approval of the Company's management. Where the employee is unable to complete the study leave, the balance may be taken at another time until exhausted.

6.7 Meetings and Conferences

The Company may, at its discretion, grant time off to enable an employee participate in educational opportunities, meetings or conferences relevant to the employee's current or anticipated duties and beneficial to the employee's professional development.

6.8 Public Holidays

Employees are entitled to all public holidays declared under the Public Holidays Act, Cap P40, Laws of the Federation of Nigeria 2004, including:

• New Year's Day
• Good Friday
• Easter Monday
• Workers' Day
• Eid-el-Fitr
• Democracy Day
• Eid-el-Kabir
• Independence Day
• Eid-el-Maulud
• Christmas Day
• Boxing Day

The Company also observes any other public holiday that may from time to time be declared by the Federal Government of Nigeria.

PART 7: ELECTRONIC DEVICES AND INTERNET POLICIES

7.1 Computers and Handheld Devices

The Company may provide computers and handheld devices to enable employees perform their duties. Such devices must be used only for their intended business purpose. The Company retains ownership of all such devices and reserves the right to inspect and monitor data and files stored thereon, subject to applicable data protection law.

The use of personal phones and mobile devices during working hours shall be limited and shall conform to the following policy:

________

Where an employee's use of a personal device is found to be disruptive or to reduce productivity, the employee may be subject to disciplinary action.

7.2 Information Security

The Company maintains a strict information-security policy which every employee must observe. Employees shall not leave printed documents relating to the Company, its clients, customers or visitors unattended. Employees using Company devices shall use secure passwords and shall promptly notify management if a device is lost or damaged.

The unauthorised use or distribution of confidential information or documents is prohibited. Confidential information transferred within the Company shall be transferred only through the following means:

________

Any employee who discovers a system that does not conform to this policy shall promptly notify management.

7.3 Internet Acceptable Use

This policy applies to every employee with access to the Company's computers, network or internet. The Company's internet must not be used to access, transmit, print or download any derogatory, obscene, defamatory or offensive material, or any material used to harass or disparage any person.

The unauthorised download or dissemination of copyrighted material is prohibited. Employees shall not download, copy or install games, videos, pictures or other materials not relevant to their duties. The use of the Company's internet for personal purposes is prohibited.

7.4 Email and Computer Use

The Company permits communication by email, text message, instant messaging, voice messages and voice calls through Company devices. Employees shall not use email to transmit offensive, disparaging or copyrighted material or to disclose confidential information or trade secrets. Employees shall handle Company devices with care and may be held responsible for their loss or damage. Each employee shall refrain from:

(I) the unauthorised download of software onto Company computers;

(II) using Company devices to disclose confidential information or trade secrets;

(III) using Company devices to transmit or download disparaging, obscene or illicit materials;

(IV) downloading or installing games, videos, pictures or other unauthorised materials onto Company computers.

7.5 Social Media Policy

The Company encourages the use of social media to promote its services. Employees shall maintain the confidentiality of clients, customers, colleagues and the Company, and shall not disclose personal information or use abusive, threatening or harassing language on social media. Company-related social media activity will be monitored, and any breach of this policy may result in disciplinary action.

PART 8: CODES OF CONDUCT

8.1 Equal Employment Opportunity

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud.

Employment decisions shall be based solely on merit, qualification and ability. Any employee who believes they have been subjected to discrimination contrary to this policy should immediately report it to their supervisor or the Company's management.

8.2 Policy Against Workplace Harassment and Discrimination

The Company is committed to a workplace free from harassment and discrimination and strictly prohibits all such conduct by any employee, supervisor, client, customer, visitor or other person.

Harassment includes any unwelcome conduct, whether verbal, physical or visual, based on a person's race, colour, religion, ethnicity, sex, age, marital status, disability, state of origin or any other protected characteristic, including but not limited to:

(I) the use of derogatory, abusive or offensive language or gestures;

(II) unwanted physical contact, advances or intimidation;

(III) the display or circulation of offensive, obscene or derogatory material;

(IV) threats, bullying or intimidation directed at an employee.

Sexual harassment, including unwelcome sexual advances, requests for sexual favours and any other verbal or physical conduct of a sexual nature, is strictly prohibited and will not be tolerated.

Any employee who engages in harassment or discrimination shall be subject to disciplinary action up to and including dismissal. Any employee who believes they have been subjected to, or has witnessed, harassment or discrimination should immediately report it to their supervisor or the Company's management. The Company shall promptly and confidentially investigate all complaints and take appropriate action. The Company prohibits any retaliation against any person who in good faith reports an incident or participates in an investigation.

8.3 Discipline for Non-Compliance

The following non-exhaustive list constitutes misconduct ("Misconduct") which may attract disciplinary action:

(I) theft or unauthorised possession of the Company's property;

(II) theft or unauthorised possession of the property of another employee;

(III) physical or verbal abuse in the workplace;

(IV) deceit or other fraudulent practices;

(V) unsatisfactory work performance or lack of professionalism;

(VI) persistent refusal to comply with the rules of the Company;

(VII) unlawful possession of firearms or other dangerous objects;

(VIII) inappropriate or unauthorised use of the Company's confidential information;

(IX) habitual lateness to work;

(X) failure to perform duties on time;

(XI) insubordination;

(XII) wilful destruction of the Company's property;

(XIII) failure to comply with the provisions of this Handbook.

Where an employee is found, after a fair hearing, to have committed Misconduct, the Company may impose disciplinary measures including a warning, suspension, lawful salary deduction, reassignment or dismissal, having regard to the principles of fairness and natural justice and to the jurisprudence of the National Industrial Court of Nigeria.

8.4 Grievance and Complaints Procedure

An employee who has suffered harassment, discrimination, abuse or any other grievance should report it to their supervisor or the Company's management. On receipt of a complaint, the Company shall conduct a fair and confidential inquiry, afford the affected parties an opportunity to be heard, and take appropriate action. The Company shall, on receipt of any complaint, proceed as follows:

________

PART 9: TERMINATION AND DISMISSAL

9.1 Termination of Employment

The Company may terminate the employment of any employee by giving the notice prescribed under section 11 of the Labour Act and the relevant contract of employment, being ________, or by payment of salary in lieu of such notice. Any termination shall be carried out in accordance with applicable law and the requirement of fairness.

9.2 Summary Dismissal

The Company may summarily dismiss an employee, without notice, for gross misconduct, after affording the employee a fair hearing. The grounds for such dismissal may include, but are not limited to:

________

An employee who is lawfully dismissed for gross misconduct shall be entitled only to such accrued entitlements as are due under the law and shall not be entitled to notice or terminal benefits otherwise payable on ordinary termination.

9.3 Redundancy

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

9.4 Resignation from Employment

An employee may resign at any time by giving the Company written notice of ________, or by payment of salary in lieu of such notice, in accordance with the contract of employment.

9.5 Obligations of Employees after Termination

On termination of employment, howsoever arising, the employee shall:

(I) immediately deliver to the Company all monies, documents, books, phones, computers, materials and other property belonging to the Company in the employee's possession;

(II) delete or erase any confidential information, trade secret or other Company information stored on the employee's personal devices; and

(III) not disclose or use any of the Company's confidential information or trade secrets.

The Company shall be entitled to seek an injunction or any other legal remedy to prevent the unauthorised disclosure or use of its confidential information or trade secrets.

ACKNOWLEDGEMENT OF RECEIPT OF THE EMPLOYEE HANDBOOK

I acknowledge receipt of a copy of the Employee Handbook of ________, which contains the policies, practices, procedures, employee benefits and disciplinary measures of the Company. I agree to read, understand and be bound by all the provisions of this Handbook, and I undertake to perform my duties efficiently and in accordance with the standards of the Company.

I understand that this Handbook serves as a guide and does not, of itself, create any contractual obligation, and that the specific terms of my employment are contained in my written contract of employment.

I acknowledge that the Company reserves the right to modify the policies and procedures contained in this Handbook, and that I shall be notified in writing of any material change. I further acknowledge that my personal data shall be processed in accordance with the Nigeria Data Protection Act 2023, and I consent to such processing for lawful employment purposes.

Name of Employee: ________

Date of Receipt: ________

Signature of Employee: ________

For and on behalf of the Company:

Name: ________

Designation: ________

Signature: ________

Date: ________