EMPLOYMENT AGREEMENT
This Employment Agreement is made this ________, between ________, and having the following address:
________
hereinafter referred to as (the "Employer" which expression shall where the context so admits include its successors-in-title and assigns);
AND
________, of the following address:
________
hereinafter referred to as (the "Employee" which expression shall where the context so admits include its successors-in-title and assigns).
The Parties may be individually referred to as the "Party" and collectively referred to as the "Parties".
WHEREAS the Employer desires to retain the services of the Employee and the Employee desires to render such services subject to such terms and conditions set forth.
In consideration of the assurances and other valuable considerations the receipt of which are hereby acknowledged, the parties agree as follows:
1. COMMENCEMENT
The Employer agrees to engage the Employee from ________ and the Employee has accepted the employment offer and has agreed to commence work on the said date. The Agreement shall continue to take effect until terminated by either Party as outlined below.
2. FULL-TIME POSITION
2.1. This is a full-time position.
2.2. The Employee is required to work a minimum of 40 (forty) hours per week, as determined by the Employer, and shall be entitled to full-time benefits and privileges as delineated in the Employer's policies and procedures.
2.3. The Employer reserves the right to adjust the Employee's work hours as needed, depending on business exigencies. Any alterations to the Employee's status, whether from full-time to part-time or vice versa, will be communicated to the Employee in writing.
2.4. The Employee commits to complying with the designated work schedule and promptly informing the Employer of any conflicts or constraints that may impede their ability to fulfill work obligations.
3. POSITION
3.1. The Employer agrees to employ the Employee for the following position: ________. The Employee will report to the following person: ________. The Employee's tasks and duties shall include the following:
________
3.2. The Employee agrees to perform all the duties and responsibilities required of the Employee's position diligently and honestly at all times. The Employee agrees to comply with all policies, procedures, rules and regulations of the Employer. It is also agreed that these duties may be changed at the sole discretion of the Employer.
3.3. The Employee may be transferred to another Employer upon the prior written consent of the Employee and such terms and conditions as may be agreed by both Parties.
4. PROBATION PERIOD
4.1. The Employee shall be on probation for the following period: ________.
4.2. During this period, the Employer may, in its absolute discretion, terminate the Employee's employment, for any reason and no reason, with or without notice.
5. WORK LOCATION AND SCHEDULE
5.1. The Employee is required to work in the following locations:
________
5.2. The Employee is required to work within the following schedule:
________
6. COMPENSATION
6.1. As consideration for all the services rendered by the Employee under this Agreement, the Employee is entitled the sum of ₦________ (________) monthly.
6.2. Such compensation shall be subject to the normal statutory deductions made by the Employer and payment will be made as follows:
________
6.3. The Employee shall be entitled to be reimbursed for all incidental and out-of-pocket expenses reasonably incurred on behalf of the Employer, provided that same have been authorized by the Employer prior to being incurred and with the provisions of appropriate receipts.
6.4. The Employee shall be entitled, at the sole discretion of the Employer, to the following bonuses:
________
7. PERFORMANCE APPRAISAL
The Employee's performance will be reviewed every month.
8. ANNUAL LEAVE
The Employee shall be entitled to ________ (________) days leave every year at full pay in addition to public holidays declared by the Federal Government of Nigeria. The leave must be taken at the times convenient to the Employer and sufficient notice of intention to take leave must be given to the Employee's supervisor or Employer as the case may be.
9. MATERNITY LEAVE
According to the law, the Employee shall due to pregnancy and upon presentation of a medical certificate, be entitled to maternity leave for a minimum period of six weeks before delivery and another period of six weeks after delivery. However, the leave may be extended upon the prior approval of the Employer. After maternity leave, the Employee will be restored to their previous position or a similar position.
10. COMPASSIONATE LEAVE
10.1. The Employee shall be entitled to ________ (________) days compassionate leave every year which may be taken to deal with personal circumstances. Personal circumstances may include the following:
(I) Close family member's illness: the care of an employee's spouse, child, or partner suffering from a severe illness.
(II) Close family member's injury: the care of an employee's spouse, partner or child who has been severely injured.
(III) Family emergency: to attend to family emergencies ranging from child's welfare, death of a close family member, etc.
10.2. When a leave is requested to care for a family member who is sick or injured, the Employee shall be required to present a medical certificate signed by the relative's medical practitioner containing the following information:
(I) the nature of the condition and the date the condition started;
(II) an estimated duration or period of the condition;
(III) an estimated amount of time that the medical practitioner believes that the employee will be required to provide the necessary care and support to the family member;
(IV) a statement indicating that the care and support of the employee are required.
10.3. A compassionate leave may be extended upon the prior approval of the Employer.
11. STUDY LEAVE
11.1. The Employee shall be entitled to study leave for a period of ________ (________) days annually and such leave must be granted at the request of the Employee and consent of the Employer has been obtained.
11.2. Where the Employee is unable to complete the study leave, the Employee will be entitled to an additional leave period, subject to the prior consent of the Employer.
11.3. Employees may be given some time off to participate in educational opportunities related to the Employee's current or anticipated work. Attendance of meetings and conferences shall be considered as an official business and not leave.
12. MEDICAL LEAVE
The Employee shall be entitled to sick leave for up to 7 (seven) days, every year by the Employer in the event that the Employee becomes ill. Such other extension of time shall be allowed with the consent of the Employer.
13. CONFIDENTIALITY OBLIGATIONS
13.1. The Employee hereby acknowledges that in connection with this Agreement, they may have access to confidential and trade secret information and materials.
13.2. Confidential information includes all information or materials of whatever nature relating to the purpose disclosed by the Parties by sharing of any written material or by any oral or written statement whatsoever which includes but is not limited to documents, techniques, practices, tools, specifications, inventions, patents, trademark, soft wares, drawings, programmes but shall not include the following information or data:
(I) which can be established by written records to be already known to the Employee or the public at the time of the disclosure;
(II) which enters the public domain through no fault of the Employee;
(III) is given by the Employer to third parties without any restrictions;
(IV) is given to the Employee by any third party who is in possession of such information and has the legal right to disclose it; or
(V) that is required by law to be disclosed.
13.3. Trade secret information includes all formulas, patterns, designs, processes, methods or other information that is not known or easily ascertainable to the general public. Consequently, the Employee hereby undertakes as follows:
(I) to keep the confidential information or trade secret information confidential at all times;
(II) not to disclose the confidential information or trade secret information permit its disclosure in whole or in part to any third party without the prior consent of the Employer (except in the proper course of his employment);
(III) not to use the confidential information or trade secret information in whole or in part for any purpose except for the performance of the tasks and duties outlined in this Agreement;
(IV) transfer or part with possession of the whole or any part of the confidential information;
(V) not to use, disclose, or permit the disclosure by any person of the confidential information for the benefit of any third party;
(VI) to take proper and reasonable measures to ensure the confidentiality of the confidential information and trade secret information.
13.4. The Employee agrees not to disclose the trade secret information or confidential information during and after the termination of this Agreement for as long as it remains a trade secret.
14. INDEMNITY
The Employee undertakes to fully indemnify the Employer against losses the Employer may suffer as a result of the Employee's acts or omissions during employment.
15. NON-COMPETITION AND NON-SOLICITATION
15.1. The Employee agrees that during the term of this Agreement and for the following period after the expiration of this Agreement with the Employer: ________, the Employee shall not directly or indirectly engage in any business which competes with the Employer.
15.2. The Employee shall not engage in any business that competes with the business of the Employee within the following geographical area:
________
15.3. The Employee agrees that during the following period of employment and after the termination of the employment: ________, the Employee shall not directly or indirectly do as follows:
(I) induce or attempt to induce any employee, Agreement or any other agent of the Employer to quit employment with the Employer or otherwise disrupt the Employer's relationship with its employees, Agreements and agents;
(II) solicit, attempt to solicit or encourage the solicitation of any customer/client of the Employer who was a customer or client of the Employer at the time or immediately preceding the termination of this Agreement.
15.4. If the Employee breaches the provisions of this clause, the Employer shall be entitled to the sum of ₦________ (________) as penalty to the breach. In addition to any other remedies, the Employer shall also be entitled to injunction and other legal and equitable reliefs.
16. DISCIPLINARY MEASURES
16.1. The Employee is subject to the Employer's disciplinary procedures as contained in the Employer's manual/handbook. In particular, the Employee shall not engage in the following behaviour or conduct:
(I) physical or verbal abuse in the workplace;
(II) deceit and other fraudulent practices;
(III) stealing of any property belonging to an employee of the Employer; or any harassment or discrimination against an employee of the Employer;
(IV) willful refusal to submit to designated authority, which includes disrespecting constituted authority and willful refusal to perform tasks assigned by supervisors, managers, and other persons in positions of authority. Every employee may be assigned to a supervisor, team lead or head, manager, or other persons;
(V) any form of harassment or discrimination in the workplace; and
(V) all other conduct or behaviour that will hurt the interest or reputation of the Employer.
16.2. The Employee acknowledges that they may receive some penalties such as formal warning, suspension, dismissal, and other form of lawful reprimand if the Employer fails to comply with the terms of this clause and the provisions of the Employee Handbook or other document outlining the conduct of the Employee.
17. 55825885588
________. 8225 2552828 252 225282522 2588 825222222 82 288822 8582222 222882 22 2 (222) 22225 222882 22 252 22525 25522.
________. 552 52282225 52825828 252 58252 22 225282522 252 52282222'8 2228222222 225 85582, 828855822 852 222 8828225 22:
(5) 25288 2888225582, 828855822 5885222822, 5555882222, 25 522258858 825588255;
(55) 852585 22 8222522 22888828 25 2528255528;
(555) 882852822 22 5228885882 8588 25 52258528228;
(55) 25288 828222222282 25 2225 228 22522525282;
(5) 522 582 2552 252 5552 252 5225252822 25 822252828 22 252 8222522.
________. 822882582525822 252 58282, 82 252 52282225 2252825228 225 85582, 252 52282225 52825828 252 58252 22 225282522 252 5228222222 825222222 52 522 2822 82 252 2522222 22 858552 82 8825 22 222882.
________. 52 252 28222 22 22528252822 82 282525 25522, 8582222 222882 8888 82 25288525 22 252 22525 25522 82 5882555282 8825 252 5228885882 8588 525 52258528228, 25 58 25288225 82 522 82255522 525222222 8228222 252 2552828.
________. 552 52282222 252 82 22282825 22 828255282 252 25 82222828 5222 22528252822, 8582282 22 252 22528 22 522 5228885882 8222522 22888828 25 5252222228. 5585 828255282 8888 82 25288525 52 252 5888522822 22 252 52282225 525 252 82 8222822222 5222 252 52282222 8822822 5 8225552822 525222222 525 5282582 22 885828.
18. OBLIGATIONS UPON TERMINATION
18.1. Upon termination of the Employment, the Employee agrees to do the following:
(I) immediately deliver to the Employer all monies, documents, books, materials and any other property belonging and relating to the Employer which is in the possession of the Employee;
(II) delete any information relating to the business of the Employer on any electronic device, hard disk etc which is in the possession of the Employee;
(III) the Employee shall not disclose or use any of the Employer's trade secrets. The Employer shall be entitled to seek an injunction or any other legal remedy to prevent such disclosure or use.
18.2. The Employee acknowledges that the Confidentiality Obligations, Non-competition and Non-solicitation clauses shall survive the termination of employment as specified above.
19. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the Laws, regulations or guidelines of the Federal Republic of Nigeria.
20. JURISDICTION
Both parties agree that the National Industrial Court in Nigeria shall have the exclusive jurisdiction to settle any dispute or claim in connection with this Agreement.
21. DISPUTE RESOLUTION
21.1. Subject to other provisions of this Agreement, the Parties agree to use their best endeavours to settle any dispute or difference of opinion between them arising from or connected with this Agreement amicably. Any dispute that cannot be mutually resolved by the Parties shall be resolved by mediation.
21.2. The Parties acknowledge that the process is voluntary, and either Party may withdraw from the process at any time.
21.3. The Parties undertake to select one or more mediator(s). The Parties agree that the meditator(s) shall not provide any legal advice or counsel in relation to the matter in dispute. Nevertheless, each Party is advised to obtain their counsel from an attorney. The mediator does not provide a ruling on any matter but assists the Parties to reach a collaborative resolution.
21.4. The Parties agree that if they are unable to reach a conclusive settlement, the same matter may be referred to arbitration, in accordance with the Arbitration rules and procedure agreed by the Parties.
21.5. The arbitrators shall be appointed by the Parties and the venue of arbitration shall be decided by the Parties.
21.6. The arbitrator's decisions shall be final and binding on all the Parties and enforced by any competent court. Nevertheless, if Parties cannot reach an agreement through mediation or arbitration, they can resort to litigation.
22. MISCELLANEOUS
22.1. Notices: All communications including notices required to be given under this Agreement shall either be given orally or in writing.
22.2. Variation: This Agreement may be amended or varied by either of the Parties, and such variation must be agreed to and signed by the Parties to this Agreement. No delay or omission to exercise any right under this Agreement shall be construed as a waiver.
22.3. Headings: Headings in this Agreement are used for convenience only and shall not be construed to limit or affect the terms of this Agreement.
22.4. Counterparts: This Agreement may be executed in counterparts, all of which constitute one Agreement.
22.5. Entire Agreement: This Agreement and any other agreement described as an addendum to this Agreement constitutes the entire agreement between the Parties and supersedes any prior contrary written or oral agreement made between them.
22.6. Assignment: No Party shall assign any of its obligations or duties under this Agreement, without the prior written consent of the other Party.
22.7. Enurement: This Agreement will ensure the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
22.8. Cumulative Rights: The rights of the Parties in this Agreement are cumulative and shall not be construed as exclusive except as otherwise stated by the law.
22.9. Waivers: Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to such benefit. No delay, or omission to exercise any right shall not be construed as waiver.
22.10. Severability: If any part of this Agreement is held unenforceable, the remainder of this Agreement shall continue to be in force and have effect.
22.11. Further Assurance: The Parties shall execute and deliver all such documents and take all such actions and all steps to procure the performance of all such acts as may be necessary or incidental to give effect to the provisions of this Agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement the day and year first written above.
SIGNED by the within-named Employer
____________________________
Signature of Employer
In the presence of:
Name:.............................................................................................................................
Address:.........................................................................................................................
Occupation:....................................................................................................................
Signature:.......................................................................................................................
SIGNED by the within-named Employee
____________________________________
Signature of Employee
In the presence of:
Name:.............................................................................................................................
Address:.........................................................................................................................
Occupation:....................................................................................................................
Signature:.......................................................................................................................
EMPLOYMENT AGREEMENT
This Employment Agreement is made this ________, between ________, and having the following address:
________
hereinafter referred to as (the "Employer" which expression shall where the context so admits include its successors-in-title and assigns);
AND
________, of the following address:
________
hereinafter referred to as (the "Employee" which expression shall where the context so admits include its successors-in-title and assigns).
The Parties may be individually referred to as the "Party" and collectively referred to as the "Parties".
WHEREAS the Employer desires to retain the services of the Employee and the Employee desires to render such services subject to such terms and conditions set forth.
In consideration of the assurances and other valuable considerations the receipt of which are hereby acknowledged, the parties agree as follows:
1. COMMENCEMENT
The Employer agrees to engage the Employee from ________ and the Employee has accepted the employment offer and has agreed to commence work on the said date. The Agreement shall continue to take effect until terminated by either Party as outlined below.
2. FULL-TIME POSITION
2.1. This is a full-time position.
2.2. The Employee is required to work a minimum of 40 (forty) hours per week, as determined by the Employer, and shall be entitled to full-time benefits and privileges as delineated in the Employer's policies and procedures.
2.3. The Employer reserves the right to adjust the Employee's work hours as needed, depending on business exigencies. Any alterations to the Employee's status, whether from full-time to part-time or vice versa, will be communicated to the Employee in writing.
2.4. The Employee commits to complying with the designated work schedule and promptly informing the Employer of any conflicts or constraints that may impede their ability to fulfill work obligations.
3. POSITION
3.1. The Employer agrees to employ the Employee for the following position: ________. The Employee will report to the following person: ________. The Employee's tasks and duties shall include the following:
________
3.2. The Employee agrees to perform all the duties and responsibilities required of the Employee's position diligently and honestly at all times. The Employee agrees to comply with all policies, procedures, rules and regulations of the Employer. It is also agreed that these duties may be changed at the sole discretion of the Employer.
3.3. The Employee may be transferred to another Employer upon the prior written consent of the Employee and such terms and conditions as may be agreed by both Parties.
4. PROBATION PERIOD
4.1. The Employee shall be on probation for the following period: ________.
4.2. During this period, the Employer may, in its absolute discretion, terminate the Employee's employment, for any reason and no reason, with or without notice.
5. WORK LOCATION AND SCHEDULE
5.1. The Employee is required to work in the following locations:
________
5.2. The Employee is required to work within the following schedule:
________
6. COMPENSATION
6.1. As consideration for all the services rendered by the Employee under this Agreement, the Employee is entitled the sum of ₦________ (________) monthly.
6.2. Such compensation shall be subject to the normal statutory deductions made by the Employer and payment will be made as follows:
________
6.3. The Employee shall be entitled to be reimbursed for all incidental and out-of-pocket expenses reasonably incurred on behalf of the Employer, provided that same have been authorized by the Employer prior to being incurred and with the provisions of appropriate receipts.
6.4. The Employee shall be entitled, at the sole discretion of the Employer, to the following bonuses:
________
7. PERFORMANCE APPRAISAL
The Employee's performance will be reviewed every month.
8. ANNUAL LEAVE
The Employee shall be entitled to ________ (________) days leave every year at full pay in addition to public holidays declared by the Federal Government of Nigeria. The leave must be taken at the times convenient to the Employer and sufficient notice of intention to take leave must be given to the Employee's supervisor or Employer as the case may be.
9. MATERNITY LEAVE
According to the law, the Employee shall due to pregnancy and upon presentation of a medical certificate, be entitled to maternity leave for a minimum period of six weeks before delivery and another period of six weeks after delivery. However, the leave may be extended upon the prior approval of the Employer. After maternity leave, the Employee will be restored to their previous position or a similar position.
10. COMPASSIONATE LEAVE
10.1. The Employee shall be entitled to ________ (________) days compassionate leave every year which may be taken to deal with personal circumstances. Personal circumstances may include the following:
(I) Close family member's illness: the care of an employee's spouse, child, or partner suffering from a severe illness.
(II) Close family member's injury: the care of an employee's spouse, partner or child who has been severely injured.
(III) Family emergency: to attend to family emergencies ranging from child's welfare, death of a close family member, etc.
10.2. When a leave is requested to care for a family member who is sick or injured, the Employee shall be required to present a medical certificate signed by the relative's medical practitioner containing the following information:
(I) the nature of the condition and the date the condition started;
(II) an estimated duration or period of the condition;
(III) an estimated amount of time that the medical practitioner believes that the employee will be required to provide the necessary care and support to the family member;
(IV) a statement indicating that the care and support of the employee are required.
10.3. A compassionate leave may be extended upon the prior approval of the Employer.
11. STUDY LEAVE
11.1. The Employee shall be entitled to study leave for a period of ________ (________) days annually and such leave must be granted at the request of the Employee and consent of the Employer has been obtained.
11.2. Where the Employee is unable to complete the study leave, the Employee will be entitled to an additional leave period, subject to the prior consent of the Employer.
11.3. Employees may be given some time off to participate in educational opportunities related to the Employee's current or anticipated work. Attendance of meetings and conferences shall be considered as an official business and not leave.
12. MEDICAL LEAVE
The Employee shall be entitled to sick leave for up to 7 (seven) days, every year by the Employer in the event that the Employee becomes ill. Such other extension of time shall be allowed with the consent of the Employer.
13. CONFIDENTIALITY OBLIGATIONS
13.1. The Employee hereby acknowledges that in connection with this Agreement, they may have access to confidential and trade secret information and materials.
13.2. Confidential information includes all information or materials of whatever nature relating to the purpose disclosed by the Parties by sharing of any written material or by any oral or written statement whatsoever which includes but is not limited to documents, techniques, practices, tools, specifications, inventions, patents, trademark, soft wares, drawings, programmes but shall not include the following information or data:
(I) which can be established by written records to be already known to the Employee or the public at the time of the disclosure;
(II) which enters the public domain through no fault of the Employee;
(III) is given by the Employer to third parties without any restrictions;
(IV) is given to the Employee by any third party who is in possession of such information and has the legal right to disclose it; or
(V) that is required by law to be disclosed.
13.3. Trade secret information includes all formulas, patterns, designs, processes, methods or other information that is not known or easily ascertainable to the general public. Consequently, the Employee hereby undertakes as follows:
(I) to keep the confidential information or trade secret information confidential at all times;
(II) not to disclose the confidential information or trade secret information permit its disclosure in whole or in part to any third party without the prior consent of the Employer (except in the proper course of his employment);
(III) not to use the confidential information or trade secret information in whole or in part for any purpose except for the performance of the tasks and duties outlined in this Agreement;
(IV) transfer or part with possession of the whole or any part of the confidential information;
(V) not to use, disclose, or permit the disclosure by any person of the confidential information for the benefit of any third party;
(VI) to take proper and reasonable measures to ensure the confidentiality of the confidential information and trade secret information.
13.4. The Employee agrees not to disclose the trade secret information or confidential information during and after the termination of this Agreement for as long as it remains a trade secret.
14. INDEMNITY
The Employee undertakes to fully indemnify the Employer against losses the Employer may suffer as a result of the Employee's acts or omissions during employment.
15. NON-COMPETITION AND NON-SOLICITATION
15.1. The Employee agrees that during the term of this Agreement and for the following period after the expiration of this Agreement with the Employer: ________, the Employee shall not directly or indirectly engage in any business which competes with the Employer.
15.2. The Employee shall not engage in any business that competes with the business of the Employee within the following geographical area:
________
15.3. The Employee agrees that during the following period of employment and after the termination of the employment: ________, the Employee shall not directly or indirectly do as follows:
(I) induce or attempt to induce any employee, Agreement or any other agent of the Employer to quit employment with the Employer or otherwise disrupt the Employer's relationship with its employees, Agreements and agents;
(II) solicit, attempt to solicit or encourage the solicitation of any customer/client of the Employer who was a customer or client of the Employer at the time or immediately preceding the termination of this Agreement.
15.4. If the Employee breaches the provisions of this clause, the Employer shall be entitled to the sum of ₦________ (________) as penalty to the breach. In addition to any other remedies, the Employer shall also be entitled to injunction and other legal and equitable reliefs.
16. DISCIPLINARY MEASURES
16.1. The Employee is subject to the Employer's disciplinary procedures as contained in the Employer's manual/handbook. In particular, the Employee shall not engage in the following behaviour or conduct:
(I) physical or verbal abuse in the workplace;
(II) deceit and other fraudulent practices;
(III) stealing of any property belonging to an employee of the Employer; or any harassment or discrimination against an employee of the Employer;
(IV) willful refusal to submit to designated authority, which includes disrespecting constituted authority and willful refusal to perform tasks assigned by supervisors, managers, and other persons in positions of authority. Every employee may be assigned to a supervisor, team lead or head, manager, or other persons;
(V) any form of harassment or discrimination in the workplace; and
(V) all other conduct or behaviour that will hurt the interest or reputation of the Employer.
16.2. The Employee acknowledges that they may receive some penalties such as formal warning, suspension, dismissal, and other form of lawful reprimand if the Employer fails to comply with the terms of this clause and the provisions of the Employee Handbook or other document outlining the conduct of the Employee.
17. 55825885588
________. 8225 2552828 252 225282522 2588 825222222 82 288822 8582222 222882 22 2 (222) 22225 222882 22 252 22525 25522.
________. 552 52282225 52825828 252 58252 22 225282522 252 52282222'8 2228222222 225 85582, 828855822 852 222 8828225 22:
(5) 25288 2888225582, 828855822 5885222822, 5555882222, 25 522258858 825588255;
(55) 852585 22 8222522 22888828 25 2528255528;
(555) 882852822 22 5228885882 8588 25 52258528228;
(55) 25288 828222222282 25 2225 228 22522525282;
(5) 522 582 2552 252 5552 252 5225252822 25 822252828 22 252 8222522.
________. 822882582525822 252 58282, 82 252 52282225 2252825228 225 85582, 252 52282225 52825828 252 58252 22 225282522 252 5228222222 825222222 52 522 2822 82 252 2522222 22 858552 82 8825 22 222882.
________. 52 252 28222 22 22528252822 82 282525 25522, 8582222 222882 8888 82 25288525 22 252 22525 25522 82 5882555282 8825 252 5228885882 8588 525 52258528228, 25 58 25288225 82 522 82255522 525222222 8228222 252 2552828.
________. 552 52282222 252 82 22282825 22 828255282 252 25 82222828 5222 22528252822, 8582282 22 252 22528 22 522 5228885882 8222522 22888828 25 5252222228. 5585 828255282 8888 82 25288525 52 252 5888522822 22 252 52282225 525 252 82 8222822222 5222 252 52282222 8822822 5 8225552822 525222222 525 5282582 22 885828.
18. OBLIGATIONS UPON TERMINATION
18.1. Upon termination of the Employment, the Employee agrees to do the following:
(I) immediately deliver to the Employer all monies, documents, books, materials and any other property belonging and relating to the Employer which is in the possession of the Employee;
(II) delete any information relating to the business of the Employer on any electronic device, hard disk etc which is in the possession of the Employee;
(III) the Employee shall not disclose or use any of the Employer's trade secrets. The Employer shall be entitled to seek an injunction or any other legal remedy to prevent such disclosure or use.
18.2. The Employee acknowledges that the Confidentiality Obligations, Non-competition and Non-solicitation clauses shall survive the termination of employment as specified above.
19. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the Laws, regulations or guidelines of the Federal Republic of Nigeria.
20. JURISDICTION
Both parties agree that the National Industrial Court in Nigeria shall have the exclusive jurisdiction to settle any dispute or claim in connection with this Agreement.
21. DISPUTE RESOLUTION
21.1. Subject to other provisions of this Agreement, the Parties agree to use their best endeavours to settle any dispute or difference of opinion between them arising from or connected with this Agreement amicably. Any dispute that cannot be mutually resolved by the Parties shall be resolved by mediation.
21.2. The Parties acknowledge that the process is voluntary, and either Party may withdraw from the process at any time.
21.3. The Parties undertake to select one or more mediator(s). The Parties agree that the meditator(s) shall not provide any legal advice or counsel in relation to the matter in dispute. Nevertheless, each Party is advised to obtain their counsel from an attorney. The mediator does not provide a ruling on any matter but assists the Parties to reach a collaborative resolution.
21.4. The Parties agree that if they are unable to reach a conclusive settlement, the same matter may be referred to arbitration, in accordance with the Arbitration rules and procedure agreed by the Parties.
21.5. The arbitrators shall be appointed by the Parties and the venue of arbitration shall be decided by the Parties.
21.6. The arbitrator's decisions shall be final and binding on all the Parties and enforced by any competent court. Nevertheless, if Parties cannot reach an agreement through mediation or arbitration, they can resort to litigation.
22. MISCELLANEOUS
22.1. Notices: All communications including notices required to be given under this Agreement shall either be given orally or in writing.
22.2. Variation: This Agreement may be amended or varied by either of the Parties, and such variation must be agreed to and signed by the Parties to this Agreement. No delay or omission to exercise any right under this Agreement shall be construed as a waiver.
22.3. Headings: Headings in this Agreement are used for convenience only and shall not be construed to limit or affect the terms of this Agreement.
22.4. Counterparts: This Agreement may be executed in counterparts, all of which constitute one Agreement.
22.5. Entire Agreement: This Agreement and any other agreement described as an addendum to this Agreement constitutes the entire agreement between the Parties and supersedes any prior contrary written or oral agreement made between them.
22.6. Assignment: No Party shall assign any of its obligations or duties under this Agreement, without the prior written consent of the other Party.
22.7. Enurement: This Agreement will ensure the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
22.8. Cumulative Rights: The rights of the Parties in this Agreement are cumulative and shall not be construed as exclusive except as otherwise stated by the law.
22.9. Waivers: Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to such benefit. No delay, or omission to exercise any right shall not be construed as waiver.
22.10. Severability: If any part of this Agreement is held unenforceable, the remainder of this Agreement shall continue to be in force and have effect.
22.11. Further Assurance: The Parties shall execute and deliver all such documents and take all such actions and all steps to procure the performance of all such acts as may be necessary or incidental to give effect to the provisions of this Agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement the day and year first written above.
SIGNED by the within-named Employer
____________________________
Signature of Employer
In the presence of:
Name:.............................................................................................................................
Address:.........................................................................................................................
Occupation:....................................................................................................................
Signature:.......................................................................................................................
SIGNED by the within-named Employee
____________________________________
Signature of Employee
In the presence of:
Name:.............................................................................................................................
Address:.........................................................................................................................
Occupation:....................................................................................................................
Signature:.......................................................................................................................
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