March 2, 2026

Written Employment Contract: The Ultimate Thing To Know

by Ekosolicitors

Chukwuemeka had been waking up every morning at 6 a.m. for months, rushing to beat Lagos traffic to make it to his desk at Brightline Solutions by 8. He answered calls, prepared reports, and even trained a new intern — all without a single document to show for it. When he finally summoned the courage to ask his boss, Alhaji Suleiman, for an employment contract, i.e letter of employment, the response was dismissive: “You’re still on probation. We’ll give you a contract when we’re ready.”

His colleague, Ngozi, had been in the same position for six months. She had asked twice for an employment contract and was ignored both times. Neither of them knew that Alhaji Suleiman had been breaking the law since their very first month on the job — and that Nigerian law was firmly on their side.

Introduction Employment Contract

The relationship between an employer and employee is one of the most consequential legal relationships in everyday Nigerian life. Yet, many Nigerian workers spend months, sometimes years, working without any written documentation of their employment. No offer letter, and no employment contract. No written statement of terms. This is particularly those in small and medium-sized enterprises. Employers often justify this by hiding behind the concept of “probation,” treating it as a convenient excuse to keep workers in a state of legal limbo.

What many of these employers do not know, or conveniently choose to ignore, is that the Labour Act, is unambiguous on this matter. Once a worker has been in employment for three months, the law mandates that a written statement of employment terms must be provided. Failure to do so is a violation of the law.

Section 7 of the Labour Act: The Three-Month Rule

Section 7(1) of the Labour Act is clear and direct. It provides that “not later than three months after the beginning of a worker’s period of employment with an employer, the employer shall give to the worker a written statement” specifying key details of the employment. These details include the name of the employer, the nature of the employment, the applicable wages and method of payment, hours of work, holiday entitlements, notice periods for termination, and any special conditions of the contract.

This is not a suggestion. The word “shall” in Nigerian statutory drafting carries mandatory force. The law does not give the employer discretion to delay, defer, or decide whether a worker is “ready” for documentation. The three-month clock begins ticking from day one of employment, regardless of whether the employer calls the period a “trial,” a “probation,” or anything else.

Furthermore, Section 7(6) clarifies that this obligation is only discharged if the worker already has a full written contract of employment covering all the particulars listed in Section 7(1) — and has a personal copy of it. An employee who has neither an employment contract nor a written statement after three months is, by law, an employee whose rights have been violated.

Why Employment Contract Matters: The Contract Is the Foundation of the Employment Relationship

The consequences of working without a written contract or employment statement go far beyond paperwork. In the landmark case of Longe v. F.B.N. Plc¹, the court affirmed that “every contract of employment contains the terms and conditions that will regulate the employment relationship such as terms on determination, notice, wages, benefits, are usually contained in the expressed contract of service or implied into it by common law and custom.” This means the contract is the very rulebook of the employment relationship. Without it, a worker has no clear reference point for what they are owed, how they can be dismissed, or what protections they enjoy.

More strikingly, in Ovivie v. Delta Steel Co. Ltd², the court went even further, describing the contract of service as “the bedrock upon which an aggrieved employee must found his case,” noting that a worker “succeeds or fails upon the terms and conditions thereof.” The practical implication of this is sobering: a worker without a written contract is a worker who may struggle to enforce their rights in court.

If you are dismissed unfairly, underpaid, or denied your benefits, the first question a court will ask is what does your contract say? If there is no contract, you are already at a disadvantage. Employers who withhold written employment terms are therefore not just being administratively lazy; they are, whether consciously or not, stripping their workers of the legal tools they would need to fight back.

What About Probation?m

One of the most commonly deployed myths in Nigerian workplaces is that employees on probation are not entitled to documentation. This is false. The Labour Act makes no exception for probationary employees. Section 7 applies to any “worker” from the moment their employment begins. Probation is simply a performance evaluation period — it does not suspend the employer’s legal obligations. If you have been in a role for three months and your employer has not provided a written statement of your employment terms, the law has already been broken, regardless of what your employer calls your current status.

Final Thoughts on Written Employment Contracts

The law is not silent on this issue — it never has been. Section 7 of the Labour Act exists precisely because the legislature recognised that workers are often in a weaker bargaining position and need the protection of documentation. When employers fail to provide written employment terms within three months, they are not merely being disorganised — they are in breach of a statutory obligation.

For workers like Chukwuemeka and Ngozi, and the thousands of Nigerians in similar situations, the message is simple: you have rights, and the law recognises them. You are entitled to a written statement of your employment terms. If your employer refuses, you may have grounds to report the matter to the Ministry of Labour and Employment or seek legal redress. As the courts have consistently affirmed, the contract of employment is the bedrock of the employment relationship — and every worker deserves that foundation.

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