Daily Law Tips (Tip 489) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
*ORAL EMPLOYMENT AGREEMENT IS ILLEGAL IN NIGERIA.*
In Nigeria, every worker (causal, temporal or permanent) must be is issued a Written Contract of Employment/Statement of Employment by his employer.
There is no room for unwritten/oral employment agreement for any job/work/employment whatsoever, whether for long time or short time. Where there is no employment agreement, employer must issue to a worker, a “Statement of Employment” within 3 months of employment. A written employment agreement/Statement of Employment must state the following; employer’ name, employee’s name and address, place of work, salary/wage, holidays and duration of employment and needed notice for termination of employment. Doing otherwise is an offence punishable with #800.00 for a first offender.
Note that, none of the above affects a worker that is father, mother, husband, wife or child of the employer or to any person working on an agreement do co-operation.
My authorities are sections 7, 21 and 22 of Labour Act, 1971.
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Practical Considerations to Negotiate an Enforceable Joint Operating Agreement in Civil Law Jurisdictions (Netherlands: Kluwer Law International, 2020) By Professor Damilola S. Olawuyi, LL. B (1st Class), BL (1st Class), LL.M (Calgary), LL.M (Harvard), DPhil (Oxford), Professor of Law and Deputy Vice-Chancellor, Afe Babalola University, Ado Ekiti, Nigeria, www.damilolaolawuyi.com. & Professor Eduardo G. Pereira, LL. B (Brazil), LL.M (Aberdeen), PhD (Aberdeen),www.eduardogpereira.com
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