The Employee Resignation Agreement is a crucial document used in Nigerian employment relationships when an employee voluntarily decides to terminate their employment. This document becomes necessary to formally document the separation process and protect both parties' interests under Nigerian law, particularly in compliance with the Labour Act and related employment legislation. The agreement typically comes into play when an employee submits their resignation and both parties wish to clearly document the terms of separation, including notice periods, final settlements, and ongoing obligations. It serves multiple purposes: documenting the formal end of employment, clarifying financial settlements, addressing confidentiality requirements, and establishing any post-employment obligations. The agreement is particularly important in professional settings where there may be sensitive information, significant handover requirements, or complex benefit arrangements to be addressed.
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1. Parties: Identification of the employer and the resigning employee
2. Background: Brief context of the employment relationship and the decision to resign
3. Definitions: Key terms used throughout the agreement
4. Resignation and Effective Date: Formal statement of resignation and the last day of employment
5. Notice Period: Details of the notice period being served or waived
6. Final Payment and Benefits: Breakdown of final salary, benefits, and any outstanding payments
7. Company Property: Requirements for returning company property and documents
8. Confidentiality Obligations: Ongoing duties regarding confidential information
9. General Release: Mutual release of claims between parties
10. Governing Law: Specification of Nigerian law as governing law
11. Execution: Signature blocks and execution details
1. Handover Requirements: Used when there are specific projects or responsibilities that need formal handover
2. Non-Competition: Include when there are legitimate business interests to protect through non-compete provisions
3. Non-Solicitation: Include when protecting against solicitation of employees or customers is necessary
4. Outstanding Loans: Include if there are any company loans or advances to be settled
5. Training Bond: Include if there are any training bonds or commitments that need to be addressed
6. Reference Policy: Include when specifying arrangements for future employment references
7. Intellectual Property Rights: Include when the employee has been involved in creating IP during employment
8. Survival of Previous Agreements: Include when certain provisions from previous agreements should remain in effect
1. Schedule 1 - Final Payment Calculation: Detailed breakdown of final salary, benefits, deductions, and any other financial settlements
2. Schedule 2 - Company Property List: Itemized list of company property to be returned
3. Schedule 3 - Handover Checklist: Detailed list of tasks, documents, and responsibilities to be handed over
4. Appendix A - Benefits Summary: Summary of benefits and their treatment post-resignation
5. Appendix B - Confidential Information: Specific definition and examples of confidential information
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