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Labour Hire Agreement for Nigeria

Labour Hire Agreement Template for Nigeria

A comprehensive agreement governed by Nigerian law that establishes the terms and conditions under which a labour hire company provides temporary or contract workers to a host employer. The document addresses key aspects including worker deployment, supervision, statutory compliance with Nigerian labour laws, workplace safety, payment terms, and risk allocation. It ensures compliance with local regulations including the Labour Act, Pension Reform Act, and Employees Compensation Act, while clearly defining the responsibilities and obligations of both the labour hire company and the host employer in managing the contracted workforce.

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What is a Labour Hire Agreement?

This Labour Hire Agreement is essential for businesses operating in Nigeria that engage workers through third-party labour hire providers. It is particularly relevant in the current Nigerian business environment where companies increasingly rely on flexible staffing solutions while ensuring compliance with local labour laws. The agreement covers critical aspects such as worker provision, statutory obligations, workplace safety, and payment terms, incorporating requirements from Nigerian legislation including the Labour Act, Pension Reform Act, and relevant industry-specific regulations. It is designed to protect all parties' interests while maintaining compliance with Nigerian employment laws and regulatory requirements. This document is crucial for businesses seeking to formalize their labour hire arrangements and ensure clear delineation of responsibilities between the labour hire provider and the host employer.

What sections should be included in a Labour Hire Agreement?

1. Parties: Identifies the labour hire company and the host employer, including full legal names, registration numbers, and addresses

2. Background: Sets out the context of the agreement, including the labour hire company's business, the host employer's requirements, and the general nature of services to be provided

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules

4. Scope of Services: Details the labour hire services to be provided, including types of workers, roles, and general deployment terms

5. Term and Renewal: Specifies the initial term of the agreement and any renewal provisions

6. Worker Engagement Process: Outlines the process for requesting, selecting, and engaging workers

7. Fees and Payment Terms: Details the fee structure, payment terms, invoicing procedures, and any additional charges

8. Statutory Compliance: Sets out obligations regarding Nigerian labour laws, including pension contributions, workers compensation, and tax requirements

9. Workplace Health and Safety: Defines responsibilities for worker safety, including risk assessments, training, and incident reporting

10. Supervision and Management: Clarifies the roles of both parties in supervising and managing workers

11. Confidentiality: Provisions protecting confidential information of all parties

12. Insurance and Indemnities: Details required insurance coverage and indemnification obligations

13. Termination: Sets out circumstances and procedures for terminating the agreement

14. General Provisions: Standard boilerplate clauses including notices, governing law, dispute resolution, and entire agreement

What sections are optional to include in a Labour Hire Agreement?

1. Non-Solicitation: Prevents direct hiring of workers by the host employer, used when the labour hire company wants to protect its workforce

2. Performance Standards: Sets specific KPIs and performance measures, used for more sophisticated arrangements

3. Training Requirements: Details specific training obligations, used when specialized skills or certifications are required

4. Equipment and Materials: Specifies who provides work equipment and materials, used when there are significant equipment requirements

5. International Worker Provisions: Additional provisions for engaging foreign workers, used when expatriate workers are involved

6. Industry-Specific Compliance: Additional compliance requirements for specific industries (e.g., oil and gas sector)

7. Intellectual Property: Provisions regarding IP rights and created works, used when workers may create IP in their roles

8. Data Protection: Specific provisions for handling personal data, used when significant personal data processing is involved

What schedules should be included in a Labour Hire Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charge rates, and payment terms

2. Schedule 2 - Approved Positions: List of approved worker positions, qualifications, and experience requirements

3. Schedule 3 - Service Level Requirements: Detailed service levels and performance metrics

4. Schedule 4 - Statutory Compliance Checklist: Checklist of required compliance measures under Nigerian law

5. Schedule 5 - Required Insurance Coverage: Detailed insurance requirements and minimum coverage amounts

6. Appendix A - Worker Request Form: Standard form for requesting workers

7. Appendix B - Incident Reporting Procedure: Procedures for reporting workplace incidents and accidents

8. Appendix C - Timesheet Template: Standard timesheet format for recording worker hours

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Document Type

Employment Contract

Cost

Free to use

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