The Employee Non Solicitation Agreement is a crucial document used in the Nigerian business environment to protect companies from the risk of coordinated employee departures and workforce poaching. This agreement becomes particularly important in today's competitive market where employee retention is critical for business continuity. The document outlines specific restrictions on former employees' ability to recruit their ex-colleagues, typically including detailed provisions about the scope, duration, and geographical limitations of these restrictions. It must be carefully drafted to ensure compliance with Nigerian labor laws, constitutional rights, and common law principles regarding restraint of trade. The agreement is typically implemented alongside employment contracts or as part of separation agreements, particularly for roles with significant employee relationships or access to sensitive personnel information.
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1. Parties: Identifies the contracting parties - the employer and the employee
2. Background: Explains the context and purpose of the agreement, including the employee's role and access to confidential information
3. Definitions: Defines key terms used in the agreement, including 'solicitation', 'restricted period', 'employees', and 'business relationships'
4. Non-Solicitation of Employees: Core restrictions on approaching, enticing, or recruiting current employees
5. Duration and Geographic Scope: Specifies the time period and geographical areas where restrictions apply
6. Legitimate Business Interests: Establishes the legitimate business interests being protected to support enforceability
7. Acknowledgments: Employee's acknowledgment of the reasonableness of restrictions
8. Remedies: Specifies remedies available to the employer in case of breach
9. Severability: Ensures remaining provisions stay valid if any provision is found unenforceable
10. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and establishes jurisdiction for disputes
11. Entire Agreement: Confirms this document represents the complete agreement between parties
1. Non-Solicitation of Customers: Additional restrictions on approaching or enticing customers - include when employee has significant customer relationships
2. Confidentiality Obligations: Additional confidentiality provisions - include when not covered by a separate NDA
3. Garden Leave: Provisions for paid leave during notice period - include for senior positions
4. Independent Legal Advice: Acknowledgment of receiving independent legal advice - include for complex restrictions or senior employees
5. Survival: Specifies which provisions survive termination of employment - include for comprehensive agreements
6. Assignment: Rights to assign the agreement - include when business sale/transfer is likely
7. Notice Provisions: Detailed procedures for giving notices - include for more formal agreements
1. Schedule 1 - Restricted Employees: List of specific employee categories covered by non-solicitation restrictions
2. Schedule 2 - Geographic Scope: Detailed description of geographical areas where restrictions apply
3. Schedule 3 - Employee Information: Details of the employee's position, department, and reporting relationships
4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging understanding of restrictions
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Professional Services
Healthcare
Manufacturing
Telecommunications
Oil and Gas
Consulting
Retail
Education
Construction
Mining
Relevant Teams
Human Resources
Legal
Executive Leadership
Sales
Operations
Management
Recruitment
Business Development
Client Services
Professional Services
Research and Development
Administration
Relevant Roles
Chief Executive Officer
Managing Director
Human Resources Director
Department Manager
Team Leader
Senior Manager
Regional Manager
Branch Manager
Operations Manager
Sales Director
Account Manager
Project Manager
Department Head
Vice President
Chief Operating Officer
Recruitment Manager
Technical Lead
Senior Consultant
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