In order to answer that question, it is important to distinguish between the use of the term `dismissal` and the concept of `dismissal`. Under Nigerian law, the term „dismissal“ generally refers to the termination of an employment contract due to the fault of the employee, and this can be done summarily without notice and without payment in lieu of termination. If the employer terminates the employment relationship solely through no fault of the employee, this is referred to as „termination of the employment relationship“. A termination must be effected in accordance with the terms of the employee`s employment contract and all severance pay and accrued benefits must be paid to the employee. The NICN has strengthened its willingness to award general damages in actions for breach of employment contracts in deserving cases. For example, in Emana Edet v. Fidelity Bank Plc (decision of NICN not notified in application No. NICN/LA/276/2014 of 17 December 2019), the Court held that the normal legal situation according to which damages in the event of wrongful termination of the employment relationship are generally recoverable is limited to contractual remuneration for the notice period; However, the court distinguished between damages for unfair dismissal in the absence of notice and damages for alleged misconduct, such as harmful lying, relying heavily on the maxim, ubi jus, ibi remedium (where there is justice, there is reparation). In addition, in a recent decision, the NICN held that once a case of de facto dismissal is established, the claimant is entitled to general damages (see Lucia Balonwu v Voluntary Service Overseas (VSO) International (NICN`s decision not notified in NICN/ABJ/280/2018 of 22 July 2020)).
In general, the important provisions that must be included when drafting an employment contract are: probationary periods in employment contracts are allowed, the duration and duration of dismissal are subject to agreement between the parties. It is also possible to waive the obligation to terminate the contract.22 In industry, it is usual for the trial period to last three months. Failure to confirm or terminate the employment relationship after the probationary period could be considered „behavioural confirmation“ if the employer continues to use the employee`s services at the end of the probationary period.23 The element of the employment contract depends on the rights and obligations of the employer and the employee. In a contract of employment, the employer must provide the employee with a written contract within three (3) months after the commencement of employment in accordance with section 7 of the Act. The provisions of the employment contract govern the relationship between the employer and the employee. Yes, section 54 § 4 of the Labour Code prohibits employers from terminating the employment contract of an employee who is absent on maternity leave or who is absent from work for a prolonged period because of an illness resulting from her pregnancy or childbirth which renders her unable to work. 41 The Labour Code defines „foreign contracts“ as contracts of employment of nationals outside Nigeria. Section 38 contains specific requirements for such contracts, including that they must be read or translated into a language understood by these persons.
Although the legislation does not include a threshold for the number of overtime hours an employee can work per month, the total number of hours worked should be included in the authorized vacation and rest periods. The amount of overtime pay falls within the scope of the contract; In practice, the rate is determined by the employer`s internal policies. In the case of a sale of assets where the transfer of employees takes place through termination of the existing contract and reinstatement by the new employer, the new employer may propose changes to the terms and conditions of employment under which it employs the employees. The rights and protection of employee representatives are guaranteed by the CFRN. The Labour Code prohibits contracts from making union membership (or lack thereof) a condition of employment, and prohibits employers from dismissing or accusing an employee of prejudice: In Nigeria, the most common way for workers to assert their rights (including discrimination rights) in an employment relationship is to file a complaint with the National Labour Tribunal of Nigeria („NICN“) – the Originally, the tribunal had exclusive jurisdiction over all employees. and employment issues in Nigeria. Employers may settle claims at any time before or after they are filed until the final judgment of the court has been rendered.
