The Employee Non-Compete Agreement is a critical document used in Nigerian business relationships to protect legitimate business interests while respecting employee rights under Nigerian law. It is typically implemented when onboarding senior employees or those with access to sensitive information, trade secrets, or valuable client relationships. The agreement must be carefully drafted to ensure enforceability under Nigerian law, including the Constitution, Labour Act, and Federal Competition and Consumer Protection Act 2018. Key considerations include reasonable temporal and geographical restrictions, clear definition of prohibited activities, and appropriate consideration for the employee. The document should balance the employer's need to protect business interests with the employee's constitutional right to earn a living, making it particularly important in sectors with high competition or valuable intellectual property.

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

2. Background: Context of the agreement, including the employee's role and reason for the non-compete provisions

3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Competing Business', 'Restricted Period', and 'Restricted Territory'

4. Scope of Employment: Description of employee's position, duties, and access to confidential information

5. Non-Compete Obligations: Core restrictions on competing activities, including duration and geographical limitations

6. Non-Solicitation of Customers: Restrictions on approaching or dealing with company customers

7. Non-Solicitation of Employees: Restrictions on recruiting or hiring company employees

8. Confidentiality Obligations: Protection of company's confidential information and trade secrets

9. Duration and Territory: Specific timeframe and geographical area of restrictions

10. Consideration: Benefits or compensation provided to employee in exchange for these restrictions

11. Acknowledgments: Employee's confirmation of understanding and agreement to terms

12. Remedies: Available legal remedies in case of breach, including injunctive relief

13. Governing Law: Specification of Nigerian law as governing law

14. Severability: Provision for survival of remaining clauses if any clause is found invalid

15. Entire Agreement: Confirmation that this document represents the complete agreement between parties