THIS EMPLOYMENT CONTRACT (“this Contract”) is entered into this
, a limited liability company existing under the laws of and having its registered address at (hereinafter referred to as “the Employer” or “the Company”, which expression shall where the context so admits include its successors-in-title and assigns) of the one part;
of (hereinafter referred to as the "Employee") of the other part.
The Company and the Employee shall be referred to in this Contract individually as “Party” and collectively as “the Parties.”
THE PARTIES AGREE as follows:
1.1. The Company agrees to employ the Employee as reporting to (“Supervisor”) of the Company.
2.1. The Employee's employment shall commence on (the "Effective Date") and shall continue until terminated in accordance with Clause 10 below (the "Employment Term").
2.2. The first six (6) months of the Employee’s employment shall be a probationary period and the Employee’s employment may be terminated by the Employer during this period at any time on giving one-week prior notice. The Employer, may at its discretion, extend the probationary period for up to a further three (3) months.
2.3. During this probationary period, the Employee’s performance and suitability for continued employment will be monitored. At the end of the Employee’s probationary period, the Employee will be informed in writing if he has successfully completed the probationary period.
2.4. The Employee shall not work for anyone else while being employed by the company.
3.1. The Employee’s duties include:
3.2. The Employee may be required to undertake other duties from time to time as the Employer or the Employee’s Supervisor may reasonably require.
3.3. During the Employment Term, the Employee shall substantially, industrially and faithfully devote all of his business time, attention and energy, and his reasonable efforts (having due regard for the Company's business and development), to the interests and business of the Company and to the performance of his duties and responsibilities in the Company.
3.4. The Employee shall comply with all the Employer’s procedures, policies, rules and regulations, both written and oral, and as announced by the Employer from time to time.
4.1. The Employee shall perform his duties in such place or places within or outside Nigeria; or at any other place whatsoever that the Company may from time to time reasonably direct.
4.2. The Parties agree that subject to Clause 4.1, the Employee shall in the performance of his duties, travel to any place or places within or outside Nigeria as the Employer may from time to time, direct.
4.3. If the Employer requires the Employee to work permanently at a place which necessitates movement from the principal place of business of the Company at any time, the Company shall reimburse the Employee for all removal expenses directly and reasonably incurred as a result of the Company’s directive.
Hours of Work
4.4. The Employee’s normal hours of work are between , to inclusive of a lunch break of one hour. The Employee may be required to work such additional hours as may be necessary for the proper performance of the Employee’s duties without extra remuneration.
5.1. Effective [insert date of commencement of payment of monthly salary] and as consideration for the performance of the Employees duties and obligations, the Employer shall pay the Employee a salary of per annum, payable monthly in arrears, less applicable taxes and statutory deductions. All such taxes, deductions and contributions will be deducted monthly at source from your salary.
5.2. The Company reserves the right, in its absolute discretion, to recover from your salary any sums which you may owe the Company from time to time including any overpayments made in error, or loans made to you by the Company. In the event that such sums, or further education/training sponsorship fees, are owing on termination, and if your final salary payment is insufficient to allow for the whole of any such deduction, you will be required to repay the outstanding amount due to the Company within one month of your official leave date.
6.1. The Employee shall be entitled to working days as annual leave after one year of continuous employment, on full remuneration in respect of each annual leave cycle of 12 months. Where the Employee is not entitled to the entire working days’ annual leave, his entitlement due shall be pro-rated as appropriate. Annual leave cannot be accumulated and must be taken within 6 (six) months of the end of every annual leave cycle, failing which it will be forfeited.
6.2. The Employee shall give at least weeks' notice of any proposed holiday dates and these must be agreed with the Employee’s Supervisor in writing in advance.
6.3. No less than days' holiday may be taken at any one time unless prior consent is obtained from the Employee’s Supervisor. The Company may require the Employee to take holiday on particular dates, including during the Employee’s notice period.
6.4. In an emergency, the Employer may request the Employee to cut short his/her leave and return to work immediately.
Unapproved Absence/Sick Leave
6.5. The Employee shall notify the Employer within 24 (twenty-four) hours of any unauthorized absence from work or as soon as it is practicable and shall state the reason for and duration of the period of absence.
6.6. Where the absence was occasioned by injury or illness, the Employee shall send to the Employer, a certificate of disability issued by a registered medical practitioner appointed or approved by the Employer provided that where the absence is not more than two (2) days, a certificate under the Employee’s own hand will suffice for this purpose.
6.7. The Employee shall be entitled to sick leave with full pay of days in any year provided that the illness occasioning such leave is certified by a registered medical practitioner.
6.8. The Employer shall be entitled to withhold the related portion of the Employee’s remuneration for any unexplained or unacceptable absence, and for any absence occasioned by ill-health over and above the days per year specified in Clause 6.7.
6.9. The Employee shall not be entitled to any part of his remuneration under this Contract if he is absent from work on account of injury for which he is able to claim damages from a third party. In that event, the Employer may in its absolute discretion, advance to the Employee sums not exceeding the remuneration which he would otherwise have received, against his written undertaking to refund such payments from any damages he may recover for loss of earnings.
7.1 “Confidential Information” means any information and observation obtained by the Employee during his employment with the Company, whether in writing, orally or by any other means, concerning the business or affairs of the Company, including, without limitation:
(i) all forms and types of financial, business, creative, scientific, technical or economic information including, for example, ideas, pricing, sales information, strategies, studies, assessments, plans, program devices, designs, techniques, procedures, programs, or codes and any information directly relating to the integrity or security of computer networks or systems; (ii) information traditionally recognized as trade secrets; (iii) all data and information about the Company’s customers/clients (current, former or prospective), employees, consultants and contractors; and (iv) all copies of any of the foregoing or any analyses, studies or reports that contain,are based on, or reflect any of the foregoing.
7.2 The Employee agrees that he/she shall not disclose to any unauthorised person or use for his/her own purpose any Confidential Information without the prior written consent of the Company, unless and to the extent that such Confidential Information has become generally known to and available for use by the public other than as a result of the Employee's acts or omissions to act.
7.3 The Employee represents that, except as to those contracts/agreements that would not have a material adverse effect on the Company, he is not bound by the terms of any contract/agreement with any previous employer or other party to refrain from using or disclosing any trade secret or confidential or proprietary information in the course of his employment with the Company or to refrain from competing, directly or indirectly, with the business of such previous employer or any other party.
7.4 The Employee further represents that his performance of all the terms of this Contract and as an employee of the Company does not and will not breach any contract to keep in confidence proprietary information, knowledge or data acquired by him in confidence or in trust prior to his employment with the Company.
7.5 The Employee undertakes and covenants with the Company that for a period of twenty four (24) months immediately following the termination of the Employee's employment, the Employee shall not, without the previous consent in writing of the Company and whether on the Employee's own account or for any other person, firm, company or organization negotiate with, solicit business from, or endeavour to entice away from the Company any person, firm, company or organization who or which is and has been a customer of the Company, in the habit of dealing with the Company or in respect of which the Company has formally tendered for work and with whom or which the Employee had, during the course of his employment, direct dealings or personal contact, so as to harm the goodwill of, or so as to compete with, the Company.
7.6 The Employee agrees to follow all company policies, guidelines, standards, operating procedures, and business processes relating to the handling and protection of the Company and Confidential Information.
8.1 Intellectual property in any work produced by the Employee in the course of this employment shall be the sole and absolute property of Employer. The Employee hereby undertakes to execute any necessary documents and do any act that may be necessary to secure those rights in the Employer, even after termination of his employment under this Contract.
8.2 Nothing contained herein shall be construed in any way as granting to the Employee or to any third party, any licence, right, title or interest in or to any present or future patent, patent application, know-how, copyright, trademark, trade secret, or other proprietary or intellectual right belonging to the Company.
9.1. The Employer may at its discretion in future issue a Staff Handbook which shall set out its Standing Instructions and Employment Policies and shall incorporate the Employer’s Disciplinary Code.
9.2. Upon issuance, a copy of the Staff Handbook shall form part of this Contract. The Employee agrees that the Employer may revise the Handbook, including the Disciplinary Code, from time to time. The Employee hereby grants his consent to any such revision, so long as it is fair and reasonable, not inconsistent with this Contract and not retrospective in effect.
10.1. Notwithstanding anything to the contrary in this Contract, either Party may terminate the Employee's employment under this Contract by giving one (1) month written notice or payment of one (1) month salary in lieu of such notice.
10.2. Where the Employee’s employment is terminated by the Employer for cause, the cause may include, but is not limited to the following:
10.2.1. where the service or performance of the Employee is found to be unsuitable or the quality of the services provided or work carried out by the Employee is found to be unsatisfactory or substandard in nature and the Employee fails to correct this even after written warnings;
10.2.2. gross serious misconduct by the Employee, including but not limited to the commission by the Employee of any fraudulent act, act of dishonesty, material breach by the Employee of the terms of this Contract, or act or failure to act by the Employee in violation of any applicable laws;
10.2.3. repeated failure by Employee to comply with the terms, conditions, representations, and warranties of this Contract;
10.2.4. failure of the Employee to comply with any of the Company’s policies, guidelines, and business processes;
10.2.5. any unauthorized absenteeism by the Employee;
10.2.6. willful or deliberate behaviour that is inconsistent with the continuation of employment by the Company;
10.2.7. confirmation by the Employer that the services of the Employee are no longer required.
10.3. In the event that the Employee has been found to have committed any acts of gross misconduct or a material breach of this Contract, and the same is not remedied by the Employee within fourteen (14) days from his receipt of a notice from the Employer requiring him to remedy it, the Employer reserves the right to summarily terminate this Contract without any prior notice.
10.4. The Employee's employment will terminate automatically upon the Employee's death during the Employment Term. In the event of the Employee's disability, this Employment Contract shall be terminated with effect from a date not less than twenty-eight (28) days after the date of such event. In this clause, "disability" means a mental or physical condition that renders the Employee incapable of performing his duties and obligations under this Contract for a period of three (3) consecutive months, or more than sixty (60) days in any one (1) year period.
11.1. Upon the termination of this Contract, the Employee shall have no further liability for any obligations under this Contract provided that provisions of Clause 7 and 8 shall remain binding obligations. Furthermore, the Company shall also be discharged from all and any obligations under or arising from this Contract.
11.2. Upon the termination of his employment, the Employee shall surrender immediately to the Employer, all of the Employer’s properties within his custody, including all records, data, information, documents and all copies thereof, tools, equipment, to the Company of whatever description in his possession or control, for all of which he undertakes to make a diligent search.
11.3. Upon the termination of this Contract, the Employer may deduct from any sums then due from it to the Employee by way of salary or allowance or otherwise, any sums which the Employee owes the Company.
12.1. In the event that the Employee's employment is terminated by the Employer for any reason other than that stated in Clause 10.2 above, the Company shall pay the Employee an amount equal to the Employee’s preceding one (1) month's salary (the "Severance Payment").
12.2. The Severance Payment shall be reduced by the amount of any benefits paid to the Employee or his representative under the terms of any disability insurance programs maintained by the Company.
13.1. This Contract is binding upon and shall be for the benefit of the successors and assigns of the Company, including any corporation or any other form of business organization with which the Company may merge or consolidate, or to which it may transfer substantially all of its assets or equity interests.
13.2. The Employee shall not assign his interest in this Contract or any part of the same.
The Employee undertakes to fully indemnify the Employer against losses, claims, damages, liabilities or expenses (including any legal or other expenses reasonably incurred in investigating or defending any action or claim in respect thereof) the Employer may suffer as a result of the Employee’s acts or omission during the course of the employment.
If any part of this Contract is held unenforceable, the remainder of this Contract shall continue to be in force and have effect.
Any notice required under this Contract to be given shall be in writing and to the Parties at their addresses indicated in this Contract or to such other address as a Party shall have furnished in writing to the other Party.
17.1. This Contract contains the entire agreement between the Company and the Employee concerning the subject matter of this Contract and supersedes any and all prior and contemporaneous negotiations, correspondence, understandings, and contracts, whether oral or written, respecting that subject matter.
17.2. No change, amendment, or modification of this Contract shall be valid or binding upon the Parties unless such change, amendment, or modification shall be in writing and duly executed by both Parties.
No extension of time or indulgence granted by either Party to the other shall be deemed in any way to affect, prejudice or derogate from the rights of such Party in any respect of this Contract, nor shall it in any way be regarded as a waiver of any rights hereunder, or a novation of this Contract.
This Contract shall be governed by, and construed in accordance with, the laws of the .
Each Party irrevocably agrees that the courts of the shall have jurisdiction to settle any dispute or claim arising out of or in connection with this Contract, its subject matter or formation.
IN WITNESS of which the Parties have executed this Employment Contract in the manner below the day and year first above written.
SIGNED FOR AND ON BEHALF OF
by: Name: ………………………………..
SIGNED AND DELIVERED by the within named
IN THE PRESENCE OF:
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Document Name: EMPLOYMENT CONTRACT
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