LEGAL FRAMEWORK FOR THE DETERMINATION OF EMPLOYMENT CONTRACT UNDER THE NIGERIAN LABOUR LAW

Abstract

The employment contract between employers and employees must adhere to due process at all stages, starting with its creation, continuing through job performance, and concluding with termination or retirement. This paper provides an overview of the determination of statutory employment contracts under Nigerian law. It examines the processes and procedures involved in dismissing an employee, identifies, and appraises issues related to employee determinations. A qualitative research method, relying on both primary and secondary sources, was employed. The primary sources consulted include statutes (the 1999 Constitution of the Federal Republic of Nigeria, the Labour Act of 2004, the Industrial Disputes Act of 2004, and international treaties and declarations from the International Labour Organisation, among others), while secondary sources encompass textbooks, journal articles, conference proceedings, newspapers, and the internet. The findings of this paper reveal that the termination of employment may be lawful or unlawful. It also determined that while employers have the right to terminate an employee’s appointment, they also have a duty not to infringe upon employees' rights. It is recommended that in an employment contract, both parties must be aware of their rights, duties, and obligations.