Employment Agreement - Template, Sample Form Pro · NG-law

CONTRACT OF EMPLOYMENT

(Made pursuant to the Labour Act, Cap. L1, Laws of the Federation of Nigeria 2004 and other applicable laws)

THIS CONTRACT OF EMPLOYMENT is made this ________ BETWEEN:

(1) ________, a company incorporated under the Companies and Allied Matters Act 2020 (or, where applicable, a natural person) with RC/Registration Number ________ and having its registered/principal address at:

________

(hereinafter referred to as the "Employer", which expression shall where the context so admits include its successors-in-title and assigns) of the one part;

AND

(2) ________, a Nigerian citizen/lawful resident holding identification number ________ and of the following address:

________

(hereinafter referred to as the "Employee", which expression shall where the context so admits include the Employee's heirs, personal representatives and permitted assigns) of the other part.

The Employer and the Employee are hereinafter individually referred to as a "Party" and collectively as the "Parties".

WHEREAS:

(A) The Employer desires to engage the services of the Employee upon the terms and conditions set out herein; and

(B) The Employee desires to render such services and has agreed to be employed upon the said terms and conditions.

NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, the Parties hereby agree as follows:

1. COMMENCEMENT AND DURATION

1.1. The Employer hereby engages the Employee, and the Employee accepts such engagement, with effect from ________ (the "Commencement Date").

1.2. This Contract shall continue in full force and effect until lawfully terminated by either Party in accordance with the provisions of Clause 17.

1.3. In compliance with section 7 of the Labour Act, the Employer shall, not later than three (3) months after the Commencement Date, furnish the Employee with a written statement of the principal terms of employment, which terms are reflected in this Contract.

2. NATURE AND HOURS OF EMPLOYMENT

2.1. This is a full-time position.

2.2. The Employee shall work a minimum of ________ hours per week as determined by the Employer, and shall be entitled to the full-time benefits and privileges set out in the Employer's policies and procedures.

2.3. The Employer reserves the right to adjust the Employee's work hours as reasonably required by business exigencies. Any change to the Employee's status (whether from full-time to part-time or otherwise) shall be communicated to the Employee in writing.

2.4. The Employee undertakes to comply with the designated work schedule and to promptly notify the Employer of any conflict or constraint that may impede the performance of the Employee's obligations.

3. POSITION AND DUTIES

3.1. The Employee is employed in the following position: ________, and shall report to: ________. The Employee's principal duties and responsibilities shall include the following:

________

3.2. The Employee shall faithfully, diligently and honestly perform all duties and responsibilities of the position and shall comply with all lawful policies, procedures, rules and regulations of the Employer. The Employer may, acting reasonably, vary these duties from time to time.

3.3. The Employee may be transferred to an associated or related entity of the Employer only upon the prior written consent of the Employee and upon such terms as may be mutually agreed by the Parties.

4. PROBATIONARY PERIOD

4.1. The Employee shall serve a probationary period of ________ from the Commencement Date.

4.2. During the probationary period, either Party may terminate the employment by giving the other not less than ________ notice in writing, in accordance with section 11 of the Labour Act.

4.3. Upon successful completion of the probationary period, the Employee's appointment shall be confirmed in writing.

5. PLACE OF WORK AND SCHEDULE

5.1. The Employee shall ordinarily perform duties at the following location(s):

________

5.2. The Employee shall work in accordance with the following schedule:

________

6. REMUNERATION AND STATUTORY DEDUCTIONS

6.1. In consideration of the services rendered under this Contract, the Employer shall pay the Employee a gross monthly remuneration of \u20a6________ (________).

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________

6.3. The Employee shall be reimbursed for all reasonable incidental and out-of-pocket expenses properly incurred in the performance of duties, provided such expenses were authorised in advance by the Employer and supported by appropriate receipts.

6.4. The Employee may, at the sole discretion of the Employer, be entitled to the following bonus(es):

________

7. PERFORMANCE APPRAISAL

The Employee's performance shall be reviewed periodically and at intervals of ________, in accordance with the Employer's appraisal procedures.

8. ANNUAL LEAVE

In accordance with section 18 of the Labour Act, the Employee shall be entitled to ________ (________) working days of paid annual leave each year, in addition to public holidays declared by the Federal Government of Nigeria. Such leave shall be taken at a time convenient to the Employer and upon reasonable prior notice to the Employee's supervisor or the Employer.

9. MATERNITY LEAVE

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10. COMPASSIONATE LEAVE

10.1. The Employee shall be entitled to ________ (________) days of compassionate leave each year to address personal circumstances, which may include:

(I) the care of the Employee's spouse, child or partner suffering from a severe illness;

(II) the care of the Employee's spouse, partner or child who has been severely injured;

(III) family emergencies, including a child's welfare or the death of a close family member.

10.2. Where leave is requested to care for a family member who is ill or injured, 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 will be required to provide care and support; and

(IV) a statement that the Employee's care and support is required.

10.3. Compassionate leave may be extended with the prior approval of the Employer.

11. STUDY LEAVE

11.1. The Employee may, with the prior consent of the Employer, be granted study leave of ________ (________) days annually upon the Employee's request.

11.2. Where the Employee is unable to complete the study leave within the period granted, an extension may be allowed subject to the prior consent of the Employer.

11.3. Time off may be granted for educational opportunities related to the Employee's current or anticipated duties. Attendance at meetings and conferences directed by the Employer shall be treated as official business and not as leave.

12. SICK LEAVE

In accordance with section 16 of the Labour Act, the Employee shall be entitled to paid sick leave of up to twelve (12) working days in any one calendar year on grounds of temporary illness certified by a registered medical practitioner. Any extension shall be subject to the consent of the Employer.

13. CONFIDENTIALITY OBLIGATIONS

13.1. The Employee acknowledges that, in the course of employment, the Employee may have access to confidential and trade secret information and materials of the Employer.

13.2. \u201cConfidential Information\u201d means all information of whatever nature disclosed by or relating to the Employer, whether in writing, orally or otherwise, including documents, techniques, practices, tools, specifications, inventions, patents, trademarks, software, drawings and programmes, but excludes information which:

(I) is established by written records to be already known to the Employee or the public at the time of disclosure;

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

(III) is given by the Employer to third parties without restriction;

(IV) is lawfully obtained by the Employee from a third party entitled to disclose it; or

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

13.3. \u201cTrade Secret Information\u201d means all formulae, patterns, designs, processes, methods or other information not generally known or readily ascertainable by the public. The Employee undertakes:

(I) to keep all Confidential Information and Trade Secret Information confidential at all times;

(II) not to disclose or permit the disclosure of such information, in whole or in part, to any third party without the prior consent of the Employer (except in the proper course of employment);

(III) not to use such information for any purpose other than the proper performance of duties under this Contract;

(IV) not to transfer or part with possession of any part of such information;

(V) not to use or disclose such information for the benefit of any third party; and

(VI) to take all reasonable measures to safeguard the confidentiality of such information.

13.4. Where the Confidential Information includes personal data, the Employee shall process and protect such data in accordance with the Nigeria Data Protection Act 2023 and the regulations and directives issued by the Nigeria Data Protection Commission.

13.5. The obligations in this Clause shall survive the termination of this Contract for so long as the information remains confidential or a trade secret.

14. INTELLECTUAL PROPERTY

All intellectual property, inventions, works and materials created by the Employee in the course of employment shall vest absolutely in the Employer, and the Employee hereby assigns to the Employer all such rights, including by way of present assignment of future rights, and shall execute all documents necessary to perfect such vesting.

15. INDEMNITY

The Employee undertakes to fully indemnify the Employer against all losses the Employer may reasonably suffer arising directly from the Employee's wilful misconduct, fraud, gross negligence or unlawful acts or omissions during employment.

16. NON-COMPETITION AND NON-SOLICITATION

16.1. During the term of this Contract and for a period of ________ after its termination, the Employee shall not directly or indirectly engage in any business which competes with the Employer.

16.2. The restriction in Clause 16.1 shall apply only within the following geographical area:

________

16.3. During the term of this Contract and for a period of ________ after its termination, the Employee shall not directly or indirectly:

(I) induce or attempt to induce any employee, contractor or agent of the Employer to leave the Employer's service or otherwise disrupt the Employer's relationship with such persons; or

(II) solicit or attempt to solicit any customer or client of the Employer who was a customer or client at, or immediately preceding, the termination of this Contract.

16.4. The Parties acknowledge that the restrictions in this Clause are reasonable and necessary to protect the legitimate business interests of the Employer and are intended to be enforceable to the extent permitted by law. Should any restriction be held unreasonable, it shall be modified to the minimum extent necessary to render it enforceable.

16.5. In the event of breach of this Clause, the Employer shall, in addition to a liquidated sum of \u20a6________ (________) representing a genuine pre-estimate of loss, be entitled to seek injunctive relief and all other legal and equitable remedies.

17. DISCIPLINARY MEASURES

17.1. The Employee shall be subject to the Employer's disciplinary procedures as set out in the Employer's manual or handbook. In particular, the Employee shall not engage in:

(I) physical or verbal abuse in the workplace;

(II) deceit or other fraudulent practices;

(III) theft of any property belonging to the Employer or any employee, or any harassment of or discrimination against any employee;

(IV) wilful refusal to submit to designated authority, including disrespect of constituted authority and wilful refusal to perform tasks lawfully assigned by supervisors, managers or other persons in authority;

(V) any form of harassment or discrimination in the workplace; and

(VI) any other conduct prejudicial to the interest or reputation of the Employer.

17.2. The Employee acknowledges that breach of this Clause or of the Employee Handbook may result in disciplinary sanctions including formal warning, suspension, dismissal or other lawful reprimand, subject to the observance of fair hearing in accordance with the rules of natural justice.

18. TERMINATION

18.1. Subject to Clause 4 (Probation), this Contract may be terminated by either Party giving the other not less than ________ notice in writing, or payment of a sum equal to the Employee's wages for the period of notice in lieu thereof, in accordance with section 11 of the Labour Act.

18.2. Notwithstanding Clause 18.1, the Employer may terminate this Contract summarily, without notice or payment in lieu of notice, where the Employee:

(I) is guilty of gross misconduct, dishonesty, fraud or any other conduct which brings the Employer into disrepute;

(II) commits a material breach of any term of this Contract;

(III) is convicted of a criminal offence (other than a minor traffic offence);

(IV) wilfully neglects or refuses to perform the duties assigned under this Contract; or

(V) becomes permanently incapacitated or otherwise unable to perform the duties required under this Contract.

18.3. Upon termination, the Employee shall be entitled to all wages, benefits and entitlements accrued up to the date of termination, subject to applicable statutory deductions and to any sums lawfully owed by the Employee to the Employer.

19. OBLIGATIONS UPON TERMINATION

19.1. Upon termination, the Employee shall:

(I) immediately deliver to the Employer all monies, documents, books, materials and other property belonging or relating to the Employer in the Employee's possession;

(II) delete all information relating to the Employer's business from any electronic device, hard disk or other medium in the Employee's possession; and

(III) refrain from disclosing or using any of the Employer's trade secrets, the Employer being entitled to seek injunctive or other relief to prevent such disclosure or use.

19.2. The Employee acknowledges that the Confidentiality, Intellectual Property, Non-Competition and Non-Solicitation obligations shall survive the termination of this Contract as specified herein.

20. GOVERNING LAW

This Contract shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

21. JURISDICTION

The Parties agree that, pursuant to section 254C of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the National Industrial Court of Nigeria shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Contract.

22. DISPUTE RESOLUTION

22.1. Subject to the other provisions of this Contract, the Parties shall use their best endeavours to settle amicably any dispute arising out of or in connection with this Contract. Any dispute not so resolved shall first be referred to mediation.

22.2. The Parties acknowledge that mediation is voluntary and that either Party may withdraw at any time.

22.3. The Parties shall jointly appoint one or more mediator(s) who shall not provide legal advice but shall assist the Parties to reach a collaborative resolution. Each Party is advised to obtain independent legal counsel.

22.4. Where mediation fails, the dispute may be referred to arbitration in accordance with the Arbitration and Mediation Act 2023.

22.5. The arbitral tribunal shall consist of ________ arbitrator(s) appointed by the Parties, and the seat of arbitration shall be ________.

22.6. The arbitral award shall be final and binding on the Parties and may be enforced by any court of competent jurisdiction. Nothing in this Clause shall preclude the National Industrial Court of Nigeria from exercising its jurisdiction in matters reserved to it by law.

23. MISCELLANEOUS

23.1. Notices: All notices required under this Contract shall be in writing and delivered by hand, courier or electronic mail to the addresses of the Parties stated above or such other address as a Party may notify in writing.

23.2. Variation: No variation of this Contract shall be effective unless made in writing and signed by both Parties.

23.3. Headings: Headings are for convenience only and shall not affect the construction of this Contract.

23.4. Counterparts: This Contract may be executed in counterparts, each of which shall constitute one and the same instrument.

23.5. Entire Agreement: This Contract, together with any addendum, constitutes the entire agreement between the Parties and supersedes all prior arrangements, whether written or oral.

23.6. Assignment: Neither Party shall assign its rights or obligations under this Contract without the prior written consent of the other Party.

23.7. Enurement: This Contract shall enure to the benefit of and be binding upon the Parties and their respective heirs, personal representatives, successors and permitted assigns.

23.8. Cumulative Rights: The rights of the Parties are cumulative and not exclusive, save as otherwise provided by law.

23.9. Waiver: No waiver of any provision shall be effective unless in writing, and no delay or omission in exercising any right shall operate as a waiver.

23.10. Severability: If any provision of this Contract is held unenforceable, the remaining provisions shall continue in full force and effect.

23.11. Further Assurance: The Parties shall execute all such documents and do all such acts as may be necessary to give full effect to this Contract.

IN WITNESS WHEREOF the Parties have executed this Contract the day and year first above written.

SIGNED for and on behalf of the within-named Employer:

____________________________

Name: ________

Designation: ________

Signature of Employer

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ...................................................................................

SIGNED by the within-named Employee:

____________________________________

Name: ________

Signature of Employee

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ...................................................................................