This Employee Outsourcing Agreement is designed for use in Nigeria when a company wishes to engage workers through a professional employment services provider rather than hiring them directly. The agreement is structured to comply with Nigerian employment law, including the Labour Act, Pension Reform Act, and other relevant legislation. It is particularly useful for companies seeking workforce flexibility, specialized skills, or operational efficiency without direct employment obligations. The document covers essential aspects such as service scope, employment terms, compliance requirements, payment structures, and risk allocation. It's suitable for both domestic and international companies operating in Nigeria, providing a framework for managing outsourced employment relationships while ensuring regulatory compliance and protecting all parties' interests.
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1. Parties: Identification of the client company and the outsourcing service provider, including full legal names and registered addresses
2. Background: Context of the agreement, business objectives, and general intent of the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the outsourcing services, including employee categories, numbers, and functions to be provided
5. Service Provider's Obligations: Key responsibilities of the outsourcing company, including recruitment, management, and compliance with labor laws
6. Client's Obligations: Responsibilities of the client company, including workplace safety, supervision, and necessary support
7. Employee Management: Procedures for recruitment, replacement, performance management, and disciplinary actions
8. Compliance with Laws: Obligations to comply with Nigerian labor laws, social security, taxation, and other relevant regulations
9. Fees and Payment Terms: Pricing structure, payment terms, invoicing procedures, and related financial arrangements
10. Confidentiality: Protection of confidential information of all parties, including employee data
11. Data Protection: Compliance with Nigerian Data Protection Regulation and handling of personal information
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Term and Termination: Duration of agreement, renewal terms, and termination provisions
14. Dispute Resolution: Procedures for handling disputes, including jurisdiction and applicable law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Immigration Compliance: Required when foreign workers are involved, detailing visa and work permit requirements
2. Industry-Specific Compliance: Needed for regulated industries with specific employment requirements
3. Intellectual Property Rights: Required when employees will be creating or handling intellectual property
4. Non-Competition: Optional restrictions on employee movement between companies
5. Transition Services: Required when complex handover procedures are needed at termination
6. Insurance Requirements: Detailed insurance obligations beyond standard requirements
7. Security Protocols: Required for positions involving access to sensitive information or facilities
8. Training and Development: Optional section for specific training requirements and cost allocation
1. Schedule 1 - Service Levels: Detailed performance metrics and service level requirements
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment calculations
3. Schedule 3 - Employee Categories and Specifications: List of job positions, required qualifications, and number of employees
4. Schedule 4 - HR Policies and Procedures: Applicable human resources policies and procedures
5. Schedule 5 - Compliance Checklist: List of regulatory requirements and compliance procedures
6. Appendix A - Required Forms and Documentation: Ƶ for various forms and reports required under the agreement
7. Appendix B - Key Personnel: List of key contacts and responsible personnel from both parties
8. Appendix C - Employee Benefits Structure: Details of employee benefits, insurance, and welfare arrangements
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