Secondment Contract for Nigeria

Secondment Contract Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that facilitates the temporary transfer of an employee from their original employer (Seconding Company) to another organization (Host Company) while maintaining their original employment relationship. The document addresses crucial aspects including employment continuity, compensation structures, benefit arrangements, and regulatory compliance under Nigerian labor law. It clearly defines the rights, obligations, and responsibilities of all parties involved while ensuring adherence to local employment regulations, tax requirements, and social security obligations. The agreement includes provisions for performance management, intellectual property rights, and the eventual return of the employee to their original employer.

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What is a Secondment Contract?

The Secondment Contract is a crucial document used in Nigeria when an employee needs to be temporarily transferred from their original employer to another organization while maintaining their primary employment relationship. This arrangement is common in corporate groups, joint ventures, or situations requiring specialized skills transfer. The document, governed by Nigerian law, must comply with the Labour Act and related employment legislation while clearly defining the triangular relationship between the Seconding Company, Host Company, and the employee. The agreement typically covers essential elements such as duration, roles and responsibilities, compensation arrangements, benefits continuation, and performance management. It's particularly important in Nigeria's business environment where cross-company collaborations and skill-sharing arrangements are increasingly common, especially in sectors like oil and gas, technology, and financial services.

What sections should be included in a Secondment Contract?

1. Parties: Identifies the three key parties: the Seconding Company (original employer), the Host Company, and the Employee

2. Background: Explains the context and purpose of the secondment arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Term and Duration: Specifies the start date, duration, and any provisions for extension or early termination

5. Scope of Secondment: Details the role, responsibilities, and reporting relationships during secondment

6. Employment Status: Confirms continued employment with Seconding Company and relationship with Host Company

7. Duties and Obligations: Outlines obligations of all parties including work standards and compliance requirements

8. Compensation and Benefits: Details salary, benefits continuation, and any additional allowances

9. Working Hours and Leave: Specifies working schedule, holiday entitlements, and leave procedures

10. Performance Management: Establishes how performance will be monitored and evaluated

11. Confidentiality: Protects confidential information of both companies

12. Intellectual Property: Addresses ownership of work created during secondment

13. Data Protection: Covers handling of personal data across both organizations

14. Termination: Details circumstances and procedures for ending the secondment

15. Return to Original Employment: Specifies terms for returning to the Seconding Company

16. Governing Law: Confirms Nigerian law as governing law and jurisdiction

17. General Provisions: Includes standard boilerplate clauses

What sections are optional to include in a Secondment Contract?

1. Immigration and Work Permits: Required for international secondments to address visa and work permit requirements

2. Industry-Specific Compliance: Needed for regulated industries with specific compliance requirements

3. Tax Equalization: Used when implementing tax equalization policies for international secondments

4. Housing and Relocation: Required when secondment includes relocation support or housing benefits

5. Training and Development: Included when specific training or development objectives are part of secondment

6. Non-Competition: Added when there are competitive concerns between the companies

7. Exchange Rate Provisions: Needed for international secondments with multiple currencies

8. Health and Safety Specific Provisions: Required for secondments to high-risk environments or industries

What schedules should be included in a Secondment Contract?

1. Schedule 1 - Job Description: Detailed description of the role and responsibilities during secondment

2. Schedule 2 - Compensation and Benefits Package: Comprehensive breakdown of salary, benefits, and allowances

3. Schedule 3 - Company Policies: List of applicable policies from both Seconding and Host Companies

4. Schedule 4 - Performance Metrics: Specific KPIs and performance evaluation criteria

5. Schedule 5 - Costs Allocation: Breakdown of how costs are shared between Seconding and Host Companies

6. Appendix A - Required Notices and Forms: Templates for various notices required during the secondment

7. Appendix B - Emergency Contacts: List of key contacts at both companies for emergency situations

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

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Oil and Gas

Financial Services

Technology

Manufacturing

Professional Services

Telecommunications

Construction

Healthcare

Education

Mining

Retail

Logistics and Transportation

Consulting

Agriculture

Energy

Relevant Teams

Human Resources

Legal

Compliance

Operations

Finance

Project Management

Training and Development

Risk Management

Industrial Relations

Talent Management

Relevant Roles

Human Resources Director

Legal Counsel

HR Manager

Compliance Officer

Project Manager

Technical Specialist

Department Head

Operations Manager

Finance Director

Senior Engineer

IT Specialist

Business Development Manager

Risk Manager

Training Manager

Regional 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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