The Outsourced Employee Contract is designed for use in Nigeria when establishing formal employment relationships through outsourcing arrangements. This document is essential when a company (the client) wishes to engage workers through an outsourcing service provider rather than hiring them directly. The contract ensures compliance with Nigerian employment laws, including the Labour Act, Pension Reform Act, and other relevant legislation, while clearly defining the rights and obligations of all parties involved. It includes comprehensive provisions for compensation, benefits, working conditions, and termination procedures, adapted to the unique requirements of outsourced employment relationships. The document is particularly relevant in today's business environment where companies increasingly rely on flexible staffing solutions while ensuring proper worker protection and regulatory compliance.
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1. Parties: Identifies the three main parties: the outsourcing company (employer), the client company, and the employee
2. Background: Explains the context of the outsourcing arrangement and the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Term of Employment: Specifies the duration of employment, including start date and whether fixed-term or permanent
5. Nature of Assignment: Details the employee's role, responsibilities, and reporting relationships with both the outsourcing company and client
6. Place of Work: Specifies the primary work location and any flexibility or mobility requirements
7. Working Hours: Defines standard working hours, overtime policies, and break periods
8. Compensation and Benefits: Details salary, payment schedule, and all benefits provided
9. Leave Entitlements: Specifies various types of leave (annual, sick, maternity/paternity, etc.) and related policies
10. Confidentiality and Data Protection: Outlines obligations regarding confidential information of both the outsourcing company and client
11. Intellectual Property Rights: Addresses ownership of work products and innovations created during employment
12. Non-Compete and Non-Solicitation: Restricts employee's competitive activities during and after employment
13. Termination: Details circumstances and procedures for contract termination
14. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and relevant jurisdiction
15. General Provisions: Includes standard boilerplate clauses like notices, amendments, and severability
1. Mobility Clause: Include when the role may require temporary or permanent relocation
2. International Travel: Include when the role involves international travel requirements
3. Performance Metrics: Include when specific KPIs or performance measures need to be documented
4. Training Requirements: Include when specific training or certification requirements exist
5. Client-Specific Policies: Include when the client has specific policies that must be followed
6. Shift Work Provisions: Include for roles involving shift work or irregular hours
7. Remote Work Provisions: Include when remote work is permitted or required
8. Commission Structure: Include for sales or performance-based roles with variable compensation
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and requirements
2. Schedule 2 - Compensation Structure: Detailed breakdown of salary, benefits, and any variable components
3. Schedule 3 - Client Company Policies: Relevant policies and procedures of the client company
4. Schedule 4 - Performance Evaluation Criteria: Specific metrics and evaluation procedures
5. Schedule 5 - Benefits Package: Detailed description of all benefits and eligibility criteria
6. Appendix A - Code of Conduct: Combined code of conduct incorporating both outsourcing and client company requirements
7. Appendix B - Confidentiality Agreement: Detailed confidentiality terms and requirements
8. Appendix C - Required Certifications: List of required professional certifications or qualifications
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