NIGERIA Law and Practice Contributed by: Adekunle Obebe and Tade Leo-Adegun, Bloomfield LP
2.2 Non-Solicits Non-solicitation clauses in employment contracts are designed to prevent former employees from enticing current employees to leave the company and join a competitor or a new business venture. Non-solici - tation clauses relating to customers prevent former employees from contacting or soliciting the former employer’s clients, customers or business contacts after they leave the company. These clauses are essential for protecting the company’s business rela - tionships, workforce and client base. For non-solicitation clauses to be enforceable, they must be reasonable in scope, duration and geographi - cal area. The Nigerian courts typically seek to ensure that these clauses are not overly restrictive and do not unfairly limit an individual’s ability to work. For instance, in the case of Infinity Tyres Limited v Mr Sanjay Kumar & 3 Others (Unreported Suit No NICN/LA/170/2014), the NIC emphasised the importance of specificity and reasonableness in non-solicitation clauses. The court noted that while it could have upheld the clause if it specified the industry or company to which the restraint applied, it ultimately rejected the clause for being overly broad. The clause attempted to prevent Mr Kumar from taking up any employment in Nigeria, which the court found unreasonable and non-specific. 3. Data Privacy 3.1 Data Privacy Law and Employment Nigeria does not have a comprehensive regulation specifically protecting data privacy in the workplace. However, several existing laws can be applied to address data privacy protection in the workplace. • The Constitution of the Federal Republic of Nigeria (1999), as amended – This guarantees the right to privacy of citizens. • The Nigeria Data Protection Regulation (NDPR) 2019 – This provides comprehensive guidelines on data protection and privacy. It mandates organisa - tions, including employers, to ensure the confiden - tiality, integrity and availability of personal data. It requires employers to obtain consent for data collection, limit data use to necessary purposes,
secure data, and uphold employees’ rights to access and correct their data. • The Cybercrimes (Prohibition, Prevention, Etc) Act 2015 – This Act prohibits unlawful interception of communications and mandates data protection measures.
4. Foreign Workers 4.1 Limitations on Foreign Workers
Foreign employees and companies hiring foreign employees must obtain the necessary permits, includ - ing an expatriate quota, a visa, and a Combined Expa - triate Residence Permit and Aliens Card (CERPAC) or temporary work permit, depending on the duration of the work. Employers must facilitate skill transfer from expatri - ates to local employees through training programmes to enable Nigerians to take over such positions after a period. The government enforces local content poli - cies, especially in sectors like oil and gas, to prioritise Nigerian employment. Companies must prove they have conducted labour market testing to show the unavailability of local talent before hiring expatriates. 4.2 Registration Requirements for Foreign Workers Business Permit A Business Permit is a statutory approval issued by the Federal Ministry of Interior that allows a foreign- owned company to legally operate and engage in business activities in Nigeria. It is a prerequisite for companies with any level of foreign participation before applying for expatriate quotas or employing Companies intending to employ expatriates must reg - ister and obtain an expatriate quota from the Ministry of Interior. Combined Expatriate Residence Permit and Aliens Card (CERPAC) Foreign employees employed by a Nigerian company must register with the Nigerian Immigration Service (NIS) upon arrival and obtain a CERPAC. This serves foreign nationals. Expatriate Quota
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