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The concept of job security comes into question, as most employment in Nigeria is governed by contracts. Since the pandemic was unforeseeable, it is difficult to ascertain whose responsibility it is to ensure an economic balance is restored and the employment sector well compensated. This also exposed the lacuna in the contracts drafted in employment contracts, as the need arose. The common dilemma right now is, should staff be let go or salaries reduced? Should the same working hours in the office be maintained for remote work? The primary legislation on labour and employment matters in Nigeria is the Labour Act, but the relationship between employers and employees are governed by a contract which sets out the terms of such employment. As the pandemic began, the first instinct of employers was to protect themselves and their employees from contracting the virus. This made most business operations to be shut down and of course, it translated to a financial downturn, cost implication and strategy change. There were complaints about a decline in revenue generation, and very few sectors like health and financial sectors were reported to make any gains. It was in light of this that the consideration of termination clauses in contracts started popping up. Every contract has a force majeure clause, where the principle of frustration comes in, like natural forces to terminate employments. However, frustration has to be established to the satisfaction of the court and the basis of the lockdown for an event.
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Other terms of the contract that can be added to ensure the safety of both the employee and employer in an unprecedented circumstance like COVID includes extraordinary events, clause for remote working, specifying the hours and operational structure, interim arrangements, health and safety precautions, new HR policies and staff handbooks, a revised model of communication and means of serving notices, among others. It should be noted that terms that are mutually agreed upon by the employee and employers are not likely to be contested. For each of these improvements that were not prior included in the terms of the employment contract, the employees have to be communicated and agreement should be reached in writing. Otherwise, the employer faces a risk of a lawsuit. Finally, the concept of remote working has become the new normal. The contracts must accommodate the peculiarities of remote work, and ensure that an environment conducive for employees to work is ensured. Although, not all jobs permit remote working, the ones who do must provide tools that aid the process. For the new year, employers must begin to work smarter and employ the services of relevant legal aid, so they are prepared for unprecedented circumstances such as this. Employees must also ensure they are thinking long term when considering offers, so that they remain adequately protected and catered for, during the period of employment. Featured Image Source: PAHQ
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