After Termination Of Employment Contract for Nigeria

After Termination Of Employment Contract Template for Nigeria

This document is a comprehensive legal agreement governed by Nigerian law that establishes and regulates the ongoing obligations between an employer and a former employee after the termination of their employment relationship. It addresses crucial aspects such as confidentiality requirements, intellectual property protection, return of company property, and potential restrictions on future employment activities, all while ensuring compliance with Nigerian labor laws and regulations. The agreement serves to protect the legitimate business interests of the employer while maintaining fair and enforceable terms for the former employee, incorporating relevant provisions from the Nigerian Labour Act and related legislation.

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What is a After Termination Of Employment Contract?

The After Termination of Employment Contract is a critical document used in the Nigerian business environment when an employment relationship comes to an end, whether through resignation, mutual agreement, or termination. This document becomes necessary when companies need to protect their business interests, confidential information, and client relationships after an employee's departure. It is particularly relevant in cases where the employee had access to sensitive information, significant client relationships, or valuable intellectual property. The agreement must be carefully drafted to comply with Nigerian employment law, including the Labour Act and relevant constitutional provisions, ensuring that post-employment restrictions are reasonable and enforceable under Nigerian jurisdiction. The document typically includes provisions for confidentiality, non-disclosure, return of company property, and where appropriate, non-competition and non-solicitation clauses, all tailored to meet the specific requirements of Nigerian law and business practices.

What sections should be included in a After Termination Of Employment Contract?

1. Parties: Identification of the employer and the former employee

2. Background: Brief context of the previous employment relationship and reason for this agreement

3. Definitions: Key terms used throughout the agreement including 'Confidential Information', 'Intellectual Property', 'Restricted Period', etc.

4. Acknowledgment of Termination: Confirmation of employment termination date and circumstances

5. Return of Company Property: Obligations regarding the return of all company property, documents, and data

6. Confidentiality Obligations: Ongoing duties regarding confidential information and trade secrets

7. Non-Disclosure Commitments: Specific commitments not to disclose or use company information

8. Post-Employment Restrictions: General restrictions on activities after employment

9. Intellectual Property Rights: Ongoing obligations regarding IP created during employment

10. References and Communications: Agreement on how employment references and communications will be handled

11. Final Payments: Confirmation of any final payments or benefits

12. General Provisions: Standard contractual clauses including governing law, jurisdiction, etc.

What sections are optional to include in a After Termination Of Employment Contract?

1. Non-Compete Clause: Restrictions on working for competitors (include only if appropriate for senior roles and ensure compliance with Nigerian law)

2. Non-Solicitation of Customers: Restrictions on approaching company clients (relevant for customer-facing roles)

3. Non-Solicitation of Employees: Restrictions on recruiting other employees (relevant for management roles)

4. Ongoing Cooperation: Requirements for assistance with transitions or future inquiries (relevant for key positions)

5. Share Options/Financial Interests: Provisions regarding outstanding share options or financial interests (for employees with equity participation)

6. Exit Interview Confirmation: Acknowledgment of exit interview completion (for roles with significant handover requirements)

7. Post-Employment Support: Terms for any consulting or transition support (for technical or specialized roles)

What schedules should be included in a After Termination Of Employment Contract?

1. Schedule 1 - Company Property Register: Detailed list of company property to be returned

2. Schedule 2 - Confidential Information: Specific categories and examples of confidential information covered

3. Schedule 3 - Restricted Activities: Detailed description of prohibited activities and geographical scope

4. Schedule 4 - Final Payment Details: Breakdown of any final payments, benefits, or deductions

5. Schedule 5 - Handover Documentation: List of projects, contacts, and responsibilities to be transferred

6. Appendix A - Exit Interview Form: Completed exit interview documentation

7. Appendix B - Acknowledgment of Obligations: Signed acknowledgment of understanding of post-employment obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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