This Outstaffing Agreement is designed for use in Nigeria when a company seeks to engage personnel through an external provider while maintaining operational control over their work. The document establishes a three-way relationship where the service provider remains the legal employer of the personnel while the client company directs their day-to-day activities. This arrangement is particularly valuable for companies seeking workforce flexibility, cost optimization, or specialized skills without direct employment obligations. The agreement ensures compliance with Nigerian labor laws, including the Labour Act and related regulations, while clearly defining responsibilities for payroll, benefits, workplace safety, and personnel management. It includes comprehensive provisions for service delivery, performance standards, liability allocation, and dispute resolution, tailored to the Nigerian business and legal environment.
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1. Parties: Identification of the outstaffing provider and the client company, including full legal names and registered addresses
2. Background: Context of the agreement, including the provider's business of providing staff and the client's need for personnel
3. Definitions: Key terms used throughout the agreement, including 'Outstaffed Personnel', 'Services', 'Work Location', etc.
4. Scope of Services: Detailed description of the outstaffing services to be provided, including the nature of work and personnel categories
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
6. Provider Obligations: Provider's responsibilities including recruitment, personnel management, payroll administration, and compliance with labor laws
7. Client Obligations: Client's responsibilities including workplace safety, day-to-day supervision, and provision of necessary tools/equipment
8. Personnel Management: Processes for requesting staff, replacement of personnel, performance management, and working hours
9. Fees and Payment Terms: Pricing structure, payment schedule, invoicing procedures, and payment terms
10. Employment and Labor Compliance: Compliance with Nigerian labor laws, including minimum wage, working hours, and benefits
11. Confidentiality: Protection of confidential information exchanged between parties and through outstaffed personnel
12. Data Protection: Compliance with Nigerian Data Protection Regulation and handling of personal information
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Insurance: Required insurance coverage for both parties, including workers' compensation
15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
16. General Provisions: Standard clauses including notices, amendments, assignment, and entire agreement
1. International Personnel: Required when agreement involves foreign workers, addressing immigration requirements and work permits
2. Intellectual Property Rights: Needed when outstaffed personnel may create IP during their work
3. Non-Competition: Optional restrictions on provider's services to client's competitors
4. Force Majeure: Provisions for unforeseen circumstances preventing performance
5. Training and Development: Include when specific training requirements or professional development programs are part of the arrangement
6. Performance Metrics: When specific KPIs or service levels are required for the outstaffed personnel
7. Transition Services: Required when agreement includes provisions for transfer of personnel or services at termination
1. Schedule 1: Fee Schedule: Detailed breakdown of fees, rates, and payment terms for different categories of personnel
2. Schedule 2: Service Specifications: Detailed description of services, roles, and responsibilities of outstaffed personnel
3. Schedule 3: Personnel Policies: Applicable workplace policies, code of conduct, and procedures
4. Schedule 4: Required Qualifications: Minimum qualifications and experience requirements for different personnel categories
5. Schedule 5: Benefits Package: Details of mandatory and additional benefits provided to outstaffed personnel
6. Appendix A: Request Form Template: Standard form for requesting new or replacement personnel
7. Appendix B: Performance Evaluation Form: Template for evaluating outstaffed personnel performance
8. Appendix C: Compliance Checklist: Checklist of regulatory requirements and compliance measures
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