Employment Agreement

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 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 consideration and 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. Position Title

a. The Employer agrees to employ the Employee for the following position: ________ and the Employee will report to the following person: ________. The Employee's tasks and duties shall include the following:

________

b. The Employee agrees to perform all the duties and responsibilities required of the Employee's position faithfully, diligently and honestly at all times. It is also agreed that these duties may be changed at the sole discretion of the Employer.

3. Compensation

a. As consideration for all the services rendered by the Employee under this Agreement, the Employee is entitled the sum of ₦________ (________) monthly.

b. Such compensation shall be subject to the normal statutory deductions made by the Employer and payment will be made as follows:

________

c. The Employee shall be entitled to be reimbursed of 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.

4. Work Location and Schedule

a. The Employee is required to work within the following schedule:

________

b. The work structure of the Employee is as follows:

________

5. 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.

6. 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 Employer. At the conclusion of maternity leave, the Employee will be restored to their previous position or a similar position.

7. Medical Leave

The Employee shall be entitled to sick leave for a period of ________ (________) 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.

8. Termination

a. The Employer may terminate this Agreement by giving written notice of: ________ to the Employee.

b. The Employee may be dismissed for any gross misconduct.

c. The Employee may terminate this Agreement and the employment by giving ________ (________) days notice to the Employer.

9. Obligations upon Termination

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 secret. The Employer shall be entitled to seek an injunction or any other legal remedy to prevent such disclosure or use.

10. Confidentiality Obligations

a. The Employee hereby acknowledges that in connection with this Agreement, they may have access to confidential and trade secret information and materials.

b. 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 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.

c. Trade secret information includes all formulas, pattern, designs, process, 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 the 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, or 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.

d. 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.

11. Indemnity

The Employee undertakes to fully indemnify the Employer against losses the Employer may suffer as a result of the Employee's acts or omission during the course of employment.

12. Non-competition and Non-Solicitation

a. The Employee agrees that during the term of the contract and for the following period after the expiration of the contract with the Employer: ________, the Employee shall not directly or indirectly engage in any business which is in competition with the Employer.

b. The Employee shall not engage in any business that is in competition with the business of the Employee within the following geographical area:

________

c. The Employee agrees that during the employment relationship and after the termination of the employment, the Employee shall not indirectly or indirectly do as follows:

(I) induce or attempt to induce any employee, contractor or any other agent of the Employer to quit employment with the Employer or otherwise disrupt the Employer's relationship with its employees, contractors and agents;

(II) solicit, attempt to solicit or encourage the solicitation of any customer/client of the Employer who were customers or clients of the Employer at the time or immediately preceding the termination of this Agreement.

d. 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.

13. Notices

All communications including notices required to be given under this Agreement shall either be given orally or writing.

14. Governing Law

This Agreement shall be governed and construed in accordance with the Laws, regulations or guidelines of the Federal Republic of Nigeria.

15. Waiver

Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to such benefit. No delay, omission or failure to exercise or enforce any right shall be construed as waiver or subsequently compel the strict compliance of the provisions of the Agreement.

16. No Assignment

The rights, duties and obligations of each Party as stated under this Agreement shall not be transferred or assigned to any party.

17. 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.

18. Entire Agreement

This Agreement and any other document referred to in this Agreement, constitutes the entire Agreement between the parties and supersede any prior written or oral agreement made between them.

19. Severability

If any part of this Agreement is held unenforceable, the remainder of this Agreement shall continue to be in force and have effect.

20. Variation

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21. Counterparts

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22. 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.

23. 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:.......................................................................................................................