Amended And Restated Employment Agreement Template for Nigeria

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Key Requirements PROMPT example:

Amended And Restated Employment Agreement

"I need an Amended and Restated Employment Agreement for our new Chief Technology Officer in Lagos, Nigeria, who's being promoted from Technical Director with expanded responsibilities including oversight of our AI division and a 40% salary increase, to take effect from March 1, 2025."

Document background
The Amended and Restated Employment Agreement is utilized when substantial changes to an existing employment relationship necessitate a comprehensive update of the employment terms. This document type is particularly relevant in Nigerian business contexts where significant modifications to role, compensation, or terms of employment have occurred over time, or where multiple amendments have made the original agreement difficult to interpret. It ensures compliance with Nigerian employment law while providing clarity by consolidating all terms into a single, authoritative document. The agreement is commonly used during promotions, organizational restructuring, or when updating employment terms to reflect current market practices and legal requirements. It must align with the Nigerian Labour Act, Pension Reform Act, and other relevant employment legislation.
Suggested Sections

1. Parties: Identification of the employer and employee with full legal names and addresses

2. Background: Context of the employment relationship, reference to original agreement, and reason for amendment and restatement

3. Definitions: Definitions of key terms used throughout the agreement

4. Amendment and Restatement: Clear statement that this agreement amends and restates the original agreement in its entirety

5. Position and Duties: Employee's job title, role, responsibilities, and reporting relationships

6. Term and Commencement: Duration of employment (if fixed-term) or confirmation of permanent employment

7. Place of Work: Primary work location and any flexibility arrangements

8. Compensation: Base salary, payment frequency, and method of payment

9. Working Hours: Standard working hours, overtime provisions, and rest periods as per Labour Act

10. Leave Entitlements: Annual leave, sick leave, public holidays, and other statutory leave rights

11. Benefits: Pension contributions, health insurance, and other statutory and contractual benefits

12. Confidentiality: Protection of company confidential information and trade secrets

13. Intellectual Property: Ownership of work products and innovations created during employment

14. Termination: Grounds for termination, notice periods, and procedures

15. Post-Termination Obligations: Return of company property and ongoing confidentiality obligations

16. Governing Law: Specification of Nigerian law as governing law and jurisdiction

17. Entire Agreement: Confirmation that this agreement supersedes all previous agreements

Optional Sections

1. Probationary Period: Include for new employees or role changes requiring a probation period

2. Commission Structure: Include for sales roles or positions with variable compensation

3. Non-Compete Clause: Include for senior positions or roles with access to sensitive information

4. Relocation Terms: Include if the role requires relocation or multiple work locations

5. Performance Bonus: Include if the role includes performance-based incentives

6. Training Requirements: Include if specific professional development or training is mandatory

7. Remote Work Provisions: Include if the role allows for remote working arrangements

8. International Travel: Include if the role requires international travel

9. Share Options/Equity: Include if employee is eligible for share options or equity participation

10. Secondment Provisions: Include if employee may be seconded to other group companies

Suggested Schedules

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations

2. Schedule 2 - Compensation Details: Breakdown of salary components, benefits, and payment structures

3. Schedule 3 - Company Policies: List of applicable company policies incorporated by reference

4. Schedule 4 - Benefits Summary: Detailed description of all benefits and eligibility criteria

5. Schedule 5 - Amended Terms: Summary of key changes from original agreement

6. Appendix A - Confidential Information: Definition and examples of confidential information

7. Appendix B - Reporting Structure: Organizational chart showing reporting relationships

8. Appendix C - KPIs: Key Performance Indicators and measurement criteria

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

Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Oil and Gas

Manufacturing

Technology

Telecommunications

Professional Services

Healthcare

Education

Construction

Retail

Mining

Agriculture

Logistics and Transportation

Media and Entertainment

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Administration

Customer Service

Business Development

Project Management

Quality Assurance

Production

Supply Chain

Relevant Roles

Chief Executive Officer

Managing Director

Department Head

Senior Manager

Manager

Supervisor

Professional Staff

Technical Specialist

Sales Executive

Administrative Officer

Human Resources Manager

Financial Controller

Operations Manager

Project Manager

Research Scientist

Software Developer

Marketing Manager

Business Development Executive

Legal Counsel

Account Manager

Industries
Labour Act, Cap L1, Laws of the Federation of Nigeria 2004: Primary legislation governing employment relationships in Nigeria, covering basic terms of employment, working hours, leave entitlements, termination procedures, and other fundamental employment rights
Constitution of the Federal Republic of Nigeria 1999: Provides fundamental rights including right to work, freedom from discrimination in workplace, and other constitutional protections applicable to employment relationships
Pension Reform Act 2014: Governs the mandatory pension contribution scheme for employers and employees in Nigeria, establishing minimum contribution requirements and pension management framework
Employee's Compensation Act 2010: Provides for compensation for work-related injuries, disabilities, diseases, and death, establishing employer obligations for workplace safety and insurance
Industrial Training Fund Act: Regulates professional training and skill development requirements, including mandatory contributions to the Industrial Training Fund
Trade Unions Act: Governs the formation and operation of trade unions, collective bargaining rights, and related labor organization matters
Personal Income Tax Act: Regulates the taxation of employment income, including PAYE (Pay As You Earn) system and other tax-related obligations of employers and employees
Nigerian Common Law (Contract Law): Provides principles for contract formation, amendment, and interpretation, particularly relevant for the amended and restated nature of the agreement
National Industrial Court Act: Establishes jurisdiction and procedures for resolving employment disputes and interpreting employment agreements
Teams

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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