Outstaffing Agreement Template for Nigeria

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Key Requirements PROMPT example:

Outstaffing Agreement

"I need an Outstaffing Agreement for my IT company based in Lagos, Nigeria, to engage 20 software developers through a staffing provider, with specific provisions for intellectual property protection and remote work arrangements starting March 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Information Technology

Manufacturing

Oil and Gas

Financial Services

Telecommunications

Healthcare

Construction

Professional Services

Retail

Education

Mining

Agriculture

Logistics and Transportation

Media and Entertainment

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Contract Administration

Project Management

Talent Acquisition

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Director

Finance Director

Compliance Officer

Project Manager

HR Business Partner

Talent Acquisition Manager

Risk Manager

Contract Administrator

Chief Financial Officer

Chief Operating Officer

General Counsel

HR Operations Manager

Industries
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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