Dunmade Onibokun – Do you have a Contract of Employment?

Dunmade Onibokun – Do you have a Contract of Employment?

are a lot of people reading this post, answering “No” to the above question.
Next is thinking asking why you don’t have one in the first place and wondering
if you are even entitled to one?  
I have met workers who informed me that though they were engaged in various
forms of employments, they did not have written Contracts of Employment neither
had they been provided one by their employers. 

you work in Nigeria and most likely any part of the World. Employers are always
required to provide a contract of employment to their workers. Also by virtue
of the Labour Act, every employer should provide a worker with a copy of the
Contract of employment not later than 3 months after the worker has commenced employment.
The law states in Section 7, that –    
7. (1) Not later than three months
after the beginning of a worker’s period of employment with an employer, the
employer shall give to the worker a written statement specifying-
the name of the employer or group of employers, and where appropriate, of the
undertaking by which the worker is employed;
the name and address of the worker and the place and date of his engagement; 
the nature of the employment;
if the contract is for a fixed term, the date when the contract expires; 
the appropriate period of notice to be given by the party wishing to terminate
the contract, due regard being had to section 11 of this Act;
the rates of wages and method of calculation thereof and the manner and
periodicity of payment of wages; 
any terms and conditions relating to- 
hours of work, or
holidays and holiday pay, or
incapacity for work due to sickness or injury, including any provisions for
sick pay; and
any special conditions of the contract.
Subsection (2) states that if after the date to which the said statement
relates there is a change in the terms to be included or referred to in the
statement the employer shall, not more than one month after the change, inform
the worker of the nature of the change by a written statement; if he does not
leave a copy of the statement with the worker, shall preserve the statement and
ensure that the worker has reasonable opportunities of reading it in the course
of his employment, or that it is made reasonably accessible to the worker in
some other way.
From the above, it’s
essential that workers are provided with copies of their Contracts of
employment according to the provisions of the law. By virtue of Section 21 of
the Act, any employer who breaches the above mentioned law is guilty of an
offence and liable to payment of a fine.
Dunmade Onibokun
Adedunmade Onibokun &
Photo Credit – www.constituitionproject.ie  


credit – recereateconsulting.co.uk
A contract of employment is a
contract between an employer and employee in which the terms and conditions of
employment are stated. The term “employee” denotes anyone who is employed under
a contract of employment for remuneration and an employer is such person who
employs an employee. 
An employment contract is an
agreement which carries with it an obligation to pay wages in return for
service and a corresponding right of control on the part of the employer.
Before an employer/employee can make claims under the contract of employment,
such party must prove that the existence of a contractual relationship. 

A contract of employment can be oral,
written, or partly oral and written; it may even be inferred or implied from
the conduct of the parties, though most contracts of employment are either oral
or written.
When an employee begins work, the
labour act states that such employee must be given his contract of employment within 3
months and it should state:
  • The name of the employer
  • Name, address of the employee and the
    place and date of his engagement.
  • The nature of the employment
  • If for a fixed term, the date the
    contract expires
  • Appropriate medium and method to
    terminate the contract
  • Rates of wages and method of
  • Any special conditions of the
    contract; and
  • Any terms or conditions relating to: hours of work; holidays and holiday pay; and Incapacity for work due to sickness
    or injury, including any provisions for sick pay.
It should be noted that contract sof
employment are not binding on the family or dependants of the worker unless it
contains a provision to that effect. Also persons under the age of 16 re not
capable of entering contracts of employment except such contracts are for
apprenticeship. Also, no contract of employment can bar a worker from belonging
to a trade union. 
A contract of employment can be
terminated by:
  • Expiry of the period for which it was
  • Death of the worker
  • By notice
Where it’s a contract of 3 months or
less, one day notice should be given. One week notice if more than 3 months but
less than 2 years; two weeks notice where the contract has lasted for more than
2 years but less than 5 years and one month, where the contract had continued
for 5 years or more. Usually most contracts of employment
provide either one month or 3 months notice or one month or 3 months’ salary in
lieu of notice.
Adedunmade Onibokun, Esq.