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DEED OF AMENDMENT TO CONTRACT OF EMPLOYMENT
THIS DEED OF AMENDMENT (the "Amendment") is made this ________ day of ________ (the "Effective Date").
BETWEEN
________, a company incorporated under the Companies and Allied Matters Act 2020 with registration number (RC) ________, having its registered office 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
________, holding means of identification number ________, of the following address:
________
hereinafter referred to as the "Employee" (which expression shall, where the context so admits, include his/her personal representatives, successors-in-title and assigns) of the other part.
The Employer and the Employee may individually be referred to as a "Party" and collectively as the "Parties".
RECITALS
WHEREAS:
A. The Parties entered into a Contract of Employment (the "Original Agreement") dated ________, by which the Employer engaged the Employee on the terms and conditions set out therein.
B. Under the Original Agreement, the Employee was engaged in the position of ________, to perform the following duties:
________
C. The Parties now desire to amend and vary the Original Agreement in the manner set out in this Amendment, in accordance with the Labour Act (Cap. L1, Laws of the Federation of Nigeria 2004) and other applicable laws.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ 1. AMENDMENTS
The Parties agree to amend and vary the Original Agreement as follows:
1.1 The Original Agreement shall be amended by inserting the following additional provision(s), which shall read as follows:
________
1.2 The Original Agreement shall be amended by deleting the following provision(s) in their entirety:
________
1.3 The Original Agreement shall be amended by way of modification as follows. The following provision shall be deleted:
________
and replaced in its entirety with the following provision:
________
1.4 The amendments set out in this § 1 shall take effect from the Effective Date and shall be read together with the Original Agreement as one composite instrument.
§ 2. RATIFICATION AND CONTINUITY
2.1 Save as expressly amended, varied or modified by this Amendment, all the obligations, rights, terms, conditions and covenants contained in the Original Agreement shall remain in full force and effect and are hereby ratified and confirmed by the Parties.
2.2 In the event of any conflict or inconsistency between the provisions of this Amendment and the Original Agreement, the provisions of this Amendment shall prevail to the extent of such conflict or inconsistency.
§ 3. ENTIRE AGREEMENT
§ 4. DATA PROTECTION
§ 5. GOVERNING LAW AND DISPUTE RESOLUTION
5.1 This Amendment shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
5.2 Any dispute, controversy or claim arising out of or in connection with this Amendment shall, in the first instance, be resolved amicably by the Parties through good faith negotiation. Where such dispute remains unresolved, it shall be referred to the National Industrial Court of Nigeria sitting at ________, to whose jurisdiction the Parties hereby submit.
§ 6. SEVERABILITY
If any provision of this Amendment is held to be invalid, unenforceable or illegal for any reason, such provision shall be severed and the remaining provisions shall continue in full force and effect.
§ 7. FURTHER ASSURANCE
The Parties shall execute and deliver all such documents and instruments, and take all such actions and steps, as may be necessary or incidental to give full effect to the provisions and intent of this Amendment.
§ 8. COUNTERPARTS
This Amendment may be executed in any number of counterparts, each of which when executed and delivered shall constitute an original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF the Parties have executed this Deed of Amendment in the manner hereinafter appearing the day and year first above written.
THE COMMON SEAL of the within named Employer was hereunto affixed / SIGNED, SEALED AND DELIVERED by the within named Employer:
____________________________
Name: ________
Designation: ________
For and on behalf of the Employer
In the presence of:
Name:..............................................................................................................................
Address:...........................................................................................................................
Occupation:......................................................................................................................
Signature:.........................................................................................................................
SIGNED, SEALED AND DELIVERED by the within named Employee:
________________________
Name: ________
Signature of Employee
In the presence of:
Name:.............................................................................................................................
Address:.........................................................................................................................
Occupation:....................................................................................................................
Signature:.......................................................................................................................
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