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How Legally Binding Is An Employment Contract? - Jobs/Vacancies (2) - Nairaland

Nairaland ForumNairaland GeneralJobs/VacanciesHow Legally Binding Is An Employment Contract? (12788 Views)

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Re: How Legally Binding Is An Employment Contract? by donfemo(m): 3:58pm On Aug 15, 2022
read before you sign! A contract is a contract and it is backed by law. The contents are ther for you to assimilate.
Re: How Legally Binding Is An Employment Contract? by Advancedman(m): 3:59pm On Aug 15, 2022
6sco:
It depends on the terms of the contract and the connections of your employer, you can be sued if you go against the terms of the contract, but this is Nigeria sha.
This are always great paying jobs
Re: How Legally Binding Is An Employment Contract? by tolaade1960: 3:59pm On Aug 15, 2022
the highest term is quit notice which is usually two or a month to be given or given the salary in lieu of that.
Re: How Legally Binding Is An Employment Contract? by Nichebud(f): 4:05pm On Aug 15, 2022
gstg
Re: How Legally Binding Is An Employment Contract? by alizma: 4:06pm On Aug 15, 2022
Iamyemmie:
So if I sign a contract this month and I see a better offer next month can I just quit??
Or they can sue me?
Just read what is contained in the employment letter. Most times, companies require that you give one month notice before you quit. Some companies will go further to state the consequence(s) for not giving a month notice such as forfeiture of any salary due for that month while others don't state the consequence. In my own view of the consequence is not stated in writing, be very careful because the company can drag you for as much as they wish if you violate that but if the consequence is stated and you know the other job is sure and better, abeg give as little notice as you have and damned the consequence.
Re: How Legally Binding Is An Employment Contract? by advanceDNA: 4:06pm On Aug 15, 2022
Iamyemmie:
So if I sign a contract this month and I see a better offer next month can I just quit??
Or they can sue me?
Sue you for what??
No employer can force you to remain...
The worst they can say is u must give them a month notice or you can work for another company that does the same business, if you do a sensitive job...

Oga...resign after you collect your salary.. employers are not nice...if they dont want you..they sack you....now you dont need them sack them sharpally...
Re: How Legally Binding Is An Employment Contract? by PavillionEnergy: 4:06pm On Aug 15, 2022
op, is that miccom?

D
Re: How Legally Binding Is An Employment Contract? by Hamachi(f):
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Re: How Legally Binding Is An Employment Contract? by GloriousGbola: 4:26pm On Aug 15, 2022
Iamyemmie:
So if I sign a contract this month and I see a better offer next month can I just quit??
Or they can sue me?
typically in a structured organization you are on a probation period of 3 to 6 months before you are confirmed as an employee.

during this period either party can exit without notice.

this assumes a properly structured and managed organization though, most organizations here will let you go with zero notice, so i can't even talk about ethic or morals in this case

just understand that an exit without notice may be burning bridges. what you really build in the workplace are relationships that can help in the future.
Re: How Legally Binding Is An Employment Contract? by Bfly: 4:28pm On Aug 15, 2022
This is Nigeria. If you are not holding unto any property from the company. They won't bother you cos they could easily find replacement within a week. Teaching job though
Re: How Legally Binding Is An Employment Contract? by sherylbaky(f): 4:28pm On Aug 15, 2022
advanceDNA:
Sue you for what??
No employer can force you to remain...
The worst they can say is u must give them a month notice or you can't work for another company that does the same business, if you do a sensitive job...

Oga...resign after you collect your salary.. employers are not nice...if they dont want you..they sack you....now you dont need them sack them sharpally...
100% accurate
Re: How Legally Binding Is An Employment Contract? by Highman56: 4:33pm On Aug 15, 2022
Ewizard:
From experience, a month notice of resignation is usually the norm here in Nigeria.

But if you don't have upto a month to give, don't worry Nigerian employers are easy to anger. Just show up very late to work 2days in a row with no remorse or reasonable excuse.
You will be fired on the third day.

Congrats on quitting your job with no legal consequence.
omo u too wise
Re: How Legally Binding Is An Employment Contract? by Cmanforall: 4:37pm On Aug 15, 2022
It is binding
Re: How Legally Binding Is An Employment Contract? by jidxin(m): 5:17pm On Aug 15, 2022
Iamyemmie:
So if I sign a contract this month and I see a better offer next month can I just quit??
Or they can sue me?
It is very binding.....esp when it is within the ambit of law then it is binding ooo, just that most company dont wanna sue they dont have that time....but not all are binding if its against the rule of law.
Re: How Legally Binding Is An Employment Contract? by Powersurge: 5:25pm On Aug 15, 2022
Iamyemmie:
So if I sign a contract this month and I see a better offer next month can I just quit??
Or they can sue me?
Law of contract is vast. Employment contract is binding on all parties and any unilateral breakaway would constite a breach. If the other party deems it fit to seek redress in court, you might be forced to comply with the terms therein and/or pay damages.

Ps: I am not a lawyer. But I have scholarly knowledge of the matter.
Re: How Legally Binding Is An Employment Contract? by PDPGuy: 5:39pm On Aug 15, 2022
It depends on the particular jurisdiction. For eg, in “At will” employment jurisdictions, regardless of the terms of a written employment contract, the employer reserves the right to alter the contract at any time, with/without notice
Re: How Legally Binding Is An Employment Contract? by Arthurnna: 5:43pm On Aug 15, 2022
Pure and simple facts...

TempUser:
Refer to your letter of appointment and note the terms therein. If none says anything about contract termination, it's either you give a month's notice or forfeit a month's salary.
Re: How Legally Binding Is An Employment Contract? by Timothyoj(m): 5:44pm On Aug 15, 2022
Ewizard:
From experience, a month notice of resignation is usually the norm here in Nigeria.

But if you don't have upto a month to give, don't worry Nigerian employers are easy to anger. Just show up very late to work 2days in a row with no remorse or reasonable excuse.
You will be fired on the third day.

Congrats on quitting your job with no legal consequence.
Not the best advice though cos you will need a reference
Re: How Legally Binding Is An Employment Contract? by folla: 5:50pm On Aug 15, 2022
@lamyemmie

You may quit your current employment, provided you comply with the terms of disengagement. Look at your contract closely and note the steps you must take before you exit. Sometimes, it could either be that you give a notice period of between 2 weeks to 1 month or you make payment instead of giving notice.

Good luck!


Iamyemmie:
So if I sign a contract this month and I see a better offer next month can I just quit??
Or they can sue me?
Re: How Legally Binding Is An Employment Contract? by Regex: 6:10pm On Aug 15, 2022
Iamyemmie:
So if I sign a contract this month and I see a better offer next month can I just quit??
Or they can sue me?
It depends on the contract you sign. What's in it and the clause binding you when you leave.
Re: How Legally Binding Is An Employment Contract? by SmartyPants(m): 6:20pm On Aug 15, 2022
An employment contractbis legally enforceable but in most cases, courra recognize the disparity in the negotiating position of the parties so where interpretation is usually made in favour of the employee.

An employment contract is also different from regulsr contracts because the nature and rilese governing employment are already spelled out in labour law.
Re: How Legally Binding Is An Employment Contract? by Kobicove(m): 6:55pm On Aug 15, 2022
socialmediaman:
It’s usually binding and probably enforceable but to what extent depends on the terms of the contract.

If it states that you can’t disengage from the contract for a certain period of time, then it should also state the financial penalty if you end the contract prematurely, else it’s probably not enforceable

If it’s a non compete agreement or non disclosure agreement, you also need to see a lawyer to review and see if it satisfies labor laws and whether it’s even a legal agreement in the first place. Some non compete agreements state that you can’t find a job in any other organization one year after you quit theirs, meaning that you can’t earn a living through employment, which makes the agreement invalid if they don’t compensate you enough for the period of unemployment.

I have seen a non compete agreement that stated that you can’t use any skills you acquired from the company elsewhere, which is ridiculous

My advise is, seek legal advise. If you can’t afford one, visit the legal aid council in your state with your contract documents so they can help you review and advice, for free
What I think Non-compete agreements usually state is that you can't work in a similar company or a company in the same field as the one you're leaving...I don't think such an agreement can legally state that you must be redundant for 1 year after leaving them
Re: How Legally Binding Is An Employment Contract? by EMIOMOADEOYE: 7:30pm On Aug 15, 2022
Iamyemmie:
So if I sign a contract this month and I see a better offer next month can I just quit??
Or they can sue me?
What does your contract say?

Or you just signed the damn thing without reading?
Re: How Legally Binding Is An Employment Contract? by EMIOMOADEOYE: 7:36pm On Aug 15, 2022
Now here is something that a lot of people fail to understand

Your employment contract was written out for a reason.

You're most likely not worth the trouble of suing. You're just an employee possibly a junior staff.

If you were a supervisor or manager, clearly youll know better

The truth of the matter is that even though a company won't sue you, there are a dozen ways they can come to bite you in the arse.

Imagine one day you have need to refer to that company in future

They open your file and see that you were a runaway in breach of contract. You are immediately at the mercy of that company.

It may seem like you are making a smart move by leaving. But remember, you stand to lose more than the company if you dont follow due process.
Re: How Legally Binding Is An Employment Contract? by socialmediaman: 7:39pm On Aug 15, 2022
Kobicove:
What I think Non-compete agreements usually state is that you can't work in a similar company or a company in the same field as the one you're leaving...I don't think such an agreement can legally state that you must be redundant for 1 year after leaving them
sometimes non-compete agreements are open ended intentionally. Some non-compete agreements state that you can't work for a company "they consider as a competitor" in the same state or region within x number of years. Well, ask them who they consider as their competitor and you'll be surprised.

For example, if you're asked the competitor of a car seller, you'll mention another car seller, but do you know that a car seller may consider a bank or a home builder as their competitor? Because for a budget of lets say N5 million, you can buy a car, save it to the bank, or use it to build a house etc. The car seller wants to get your money before the bank or house builder does
Re: How Legally Binding Is An Employment Contract? by Iamyemmie(op): 7:48pm On Aug 15, 2022
EMIOMOADEOYE:
What does your contract say?

Or you just signed the damn thing without reading?
I have not signed
Just wanna know before I sign
Not really feeling the pay
Re: How Legally Binding Is An Employment Contract? by akanbiaa(m): 8:22pm On Aug 15, 2022
Iamyemmie:
So if I sign a contract this month and I see a better offer next month can I just quit??
Or they can sue me?
It depends on who is more powerful and have more connections , companies owing workers many months salary without any serious effort to pay them why is it that its almost impossible for the workers to get their rights ? Yet the company can pressurize workers into paying one month salary when they are unable to give quit notice on time.
Re: How Legally Binding Is An Employment Contract? by Qwi1: 8:30pm On Aug 15, 2022
Oh
Re: How Legally Binding Is An Employment Contract? by sisisioge: 9:15pm On Aug 15, 2022
Iamyemmie:
So if I sign a contract this month and I see a better offer next month can I just quit??
Or they can sue me?
Be guided o. It has properties of all binding contracts as it has an offer, acceptance and considerations for parties involved. Once you sign it, it is binding.

But if you get something else, know that either parties cant force the other to work with them but can still get the court of capacity to enforce the terms. Just pay in liue of notice or give your agreed notice. Unless you wan japa and block their memories grin
Re: How Legally Binding Is An Employment Contract? by phumtadeic:
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Re: How Legally Binding Is An Employment Contract? by Eniolohunda: 2:11am On Aug 16, 2022
As long as you don't collect their money, some employers go as long as giving bonus which they use to tie you down for a certain period. Common in US though, once you collect their bonus, you will have to work for a certain period before you can call it a quit.
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