Nigeria Employment Law & Compliance Guide for Employers
Key employment laws in Nigeria: what employers need to know
Employment in Nigeria is governed mainly by the Labour Act (Cap L1, 2004), the National Minimum Wage Act as amended in 2024, the Pension Reform Act 2014 and, from 1 January 2026, the Nigeria Tax Act 2025. Foreign employers are often surprised by how much is left to the contract: the Labour Act sets few rules on hours or overtime, while pension, PAYE in each state and expatriate quota approvals are strictly enforced. This page summarises the core employer rules for 2026, with sources for each fact.
Nigeria employment rules at a glance
| Topic | What the rule is | Official source |
|---|---|---|
| Minimum wage | NGN 70,000 a month under the National Minimum Wage (Amendment) Act 2024, signed on 29 July 2024. No increase had been enacted as of October 2026, although labour unions were pressing for a review. | Channels Television – Minimum wage remains NGN 70,000 (9 October 2026) |
| Standard working hours | No statutory working week: normal hours are set by agreement or collective bargaining (Labour Act, s.13). A working day of 6 hours or more needs at least 1 hour of rest breaks, and workers get 1 rest day of 24 hours in every 7. | Labour Act, Cap L1 LFN 2004 (statute text via PLAC Laws of Nigeria) |
| Overtime pay | No statutory overtime premium. Hours beyond normal hours are overtime, paid at the rate agreed in the contract or collective agreement (Labour Act, s.13), so state the rate in writing. | Labour Act, Cap L1 LFN 2004 (statute text via PLAC Laws of Nigeria) |
| Paid annual leave | At least 6 working days of paid leave after 12 months' continuous service (12 for workers under 16) (Labour Act, s.18). Leave may be deferred by agreement, but not beyond 24 months' service, and cannot be replaced by pay while employment continues. | Labour Act, Cap L1 LFN 2004 (statute text via PLAC Laws of Nigeria) |
| Public holidays | Declared each year by the Federal Government through the Ministry of Interior. They include New Year, Good Friday, Easter Monday, Workers' Day, Democracy Day (12 June), Independence Day (1 October), Christmas, Boxing Day and the Eid holidays. | Federal Ministry of Interior – Public holiday press releases (official) |
| Sick leave | Up to 12 working days of paid sick leave a year for temporary illness certified by a registered medical practitioner (Labour Act, s.16). Contracts and collective agreements can give more. | Labour Act, Cap L1 LFN 2004 (statute text via PLAC Laws of Nigeria) |
| Maternity and parental leave | 12 weeks: up to 6 weeks before and 6 weeks after confinement, paid at no less than 50% of wages after 6 months' service, plus two 30-minute nursing breaks a day (Labour Act, s.54). The Act has no paternity leave. | Labour Act, Cap L1 LFN 2004 (statute text via PLAC Laws of Nigeria) |
| Probation period | No statutory maximum in the Labour Act. State the probation length, and the notice that applies during probation, in the contract or written statement of terms. | Labour Act, Cap L1 LFN 2004 (statute text via PLAC Laws of Nigeria) |
| Notice period | Labour Act minimums: 1 day (up to 3 months' service), 1 week (3 months–2 years), 2 weeks (2–5 years), 1 month (5 years or more). Notice of a week or more must be written; pay in lieu is allowed. | Labour Act, Cap L1 LFN 2004 (statute text via PLAC Laws of Nigeria) |
| Severance pay | No statutory severance. For redundancy, the employer must inform the union, apply last-in-first-out subject to skill and merit, and use its best endeavours to negotiate redundancy pay (Labour Act, s.20). Contracts and collective agreements often set terminal benefits. | Labour Act, Cap L1 LFN 2004 (statute text via PLAC Laws of Nigeria) |
| Employer social contributions | Pension at least 10% of monthly emoluments (basic + housing + transport), NSITF employee compensation 1% of payroll, ITF 1% of annual payroll (5+ staff or NGN 50m turnover) and group life cover of at least 3x annual pay. Total about 12% plus insurance. | PwC Worldwide Tax Summaries – Nigeria, corporate other taxes (professional source) |
| Employee social contributions | Pension at least 8% of monthly emoluments (basic + housing + transport). The National Housing Fund (2.5% of monthly income) is no longer compulsory for private-sector employees. | PwC Worldwide Tax Summaries – Nigeria, individual other taxes (professional source) |
| Income tax on salaries | PAYE withheld monthly and paid to the State Internal Revenue Service. From 1 January 2026 (Nigeria Tax Act): first NGN 800,000 a year at 0%, then 15%, 18%, 21%, 23% and 25% above NGN 50 million. | PwC Worldwide Tax Summaries – Nigeria, significant developments (professional source) |
| Mandatory bonuses and 13th-month pay | None required by law. The Labour Act sets no bonus or 13th-month pay; year-end bonuses are contractual or discretionary. | Labour Act, Cap L1 LFN 2004 (statute text via PLAC Laws of Nigeria) |
| Work permits for foreign nationals | The Nigerian employer obtains Expatriate Quota approval from the Ministry of Interior. The worker then gets an Employment (Expatriate) visa, class R2A (STR), valid 90 days, and an e-CERPAC residence permit. Short assignments use Temporary Work Permit visas. | Nigeria Immigration Service – Employment Visa (Expatriate) R2A (official) |
| Employment contract requirements | A written statement of terms must be given within 3 months of starting work (Labour Act, s.7), covering the job, pay, hours, holidays, sick pay and notice. Changes must be notified in writing within 1 month. | Labour Act, Cap L1 LFN 2004 (statute text via PLAC Laws of Nigeria) |
Employer obligations in Nigeria, topic by topic
Filter by primary service relevance
Does an employment contract in Nigeria have to be in writing?
Does an employment contract in Nigeria have to be in writing?
What the law requires
Under section 7 of the Labour Act, the employer must give each worker a written statement of the terms of employment no later than 3 months after the start of work. It should cover:
- names of employer and worker, and the job
- start date and, for a fixed term, the end date
- pay, pay intervals and how pay is calculated
- hours of work, holidays and holiday pay
- sick pay and the notice period on either side
A signed written contract that contains these terms meets the requirement. Changes must be notified in writing within 1 month.
Probation and contract types
Indefinite and fixed-term contracts are both allowed. The Labour Act sets no maximum probation, so write the probation length and the notice period that applies during probation into the contract. Many of the Act’s protective rules are generally read as applying to “workers” in manual and clerical roles; for managers and professionals, the contract and case law carry more weight.
What this means for a foreign employer
Use a Nigeria-specific contract rather than an offshore template, and state overtime, bonus, leave and termination terms clearly, because the statute leaves much to agreement. Without a Nigerian entity, an Employer of Record can issue the contract and handle pension and PAYE registration.
What employers should check
- Issue written terms within 3 months
- State probation length and notice during probation
- Set out overtime and bonus rules
- Specify the work location (state) for PAYE
- Keep signed copies on file
Most relevant when: Before issuing an offer and when standardising contract templates.
Does Nigerian law set working hours and overtime pay?
Does Nigerian law set working hours and overtime pay?
What the law requires
Section 13 of the Labour Act says normal hours are fixed by agreement between the parties, by collective bargaining or by an industrial wages board. Hours beyond the normal hours count as overtime, paid at the rate agreed. A working day of 6 hours or more must include rest breaks of at least 1 hour in total. Workers are entitled to 1 rest day of at least 24 consecutive hours in every 7 days; if it is cut short, the employer gives time off within 14 days or pays overtime.
Common practice
- Office roles usually work Monday to Friday
- Overtime is paid at a contractual rate or compensated with time off, often only for non-management staff
- Shift work and night work are governed by contract and sector collective agreements
What this means for a foreign employer
Write normal hours, overtime eligibility and the overtime rate into the contract or handbook. If your staff belong to a union, check the sector collective agreement, which may set specific rates. Keep time records for staff who are paid overtime.
What employers should check
- Define normal hours in the contract
- State who is eligible for overtime
- Set the overtime rate or time-off rule
- Check any sector collective agreement
Most relevant when: When drafting contracts and handbooks for a Nigerian team.
What is the minimum wage in Nigeria in 2026?
What is the minimum wage in Nigeria in 2026?
Minimum wage
The National Minimum Wage (Amendment) Act 2024, signed on 29 July 2024, raised the national minimum wage from NGN 30,000 to NGN 70,000 a month, and the government committed to reviewing it every 3 years. It was still NGN 70,000 in October 2026, while labour unions pressed for an earlier increase. Some states pay their own staff more. Employees earning no more than the minimum wage are not liable to PAYE.
Bonuses and pay structure
- No statutory 13th-month salary; year-end bonuses are contractual or discretionary.
- Pay is usually split into basic salary, housing and transport allowances. Pension contributions are calculated on at least these three items.
- Salaries are paid in naira for local employees.
What this means for a foreign employer
Design the salary split with pension and tax in mind, and keep it consistent across employees. Because inflation has been high, check market pay and any new minimum wage review before each budget cycle.
What employers should check
- Pay at least NGN 70,000 a month
- Define basic, housing and transport components
- Decide on a bonus policy in writing
- Monitor the next minimum wage review
Most relevant when: When setting salary bands and running the first Nigerian payroll.
How much leave must an employer give in Nigeria?
How much leave must an employer give in Nigeria?
Annual leave and holidays
After 12 months’ continuous service, a worker is entitled to at least 6 working days of paid leave, or 12 for workers under 16 (Labour Act, s.18). Leave can be deferred by agreement, but not beyond 24 months’ service, and pay in lieu is not allowed while employment continues. Many employers give more by contract. Public holidays are declared each year by the Federal Government through the Ministry of Interior, and Muslim holiday dates are confirmed shortly before each holiday.
Sick leave
Workers are entitled to up to 12 working days of paid sick leave a year for temporary illness, supported by a certificate from a registered medical practitioner (Labour Act, s.16). The employer may ask for an examination by a doctor it nominates. Many employers offer more, together with private health insurance (HMO) cover.
Maternity and paternity
Section 54 of the Labour Act lets a woman stop work up to 6 weeks before confinement and bars work for 6 weeks after it, so maternity leave totals 12 weeks. She receives at least 50% of wages if she has 6 months’ service, and two 30-minute nursing breaks a day on return. Notice of dismissal may not be given during this absence. The Labour Act has no paternity leave, so set any paternity policy by contract.
What employers should check
- Set annual leave in the contract
- Require medical certificates for sick leave
- Decide maternity pay above the 50% minimum
- Write a paternity leave policy
- Track leave carry-over within 24 months
Most relevant when: When writing a leave policy and benefits package.
What does an employee cost in Nigeria on top of gross salary?
What does an employee cost in Nigeria on top of gross salary?
Mandatory contributions
- Pension (Pension Reform Act 2014): employer at least 10%, employee at least 8% of monthly emoluments (not less than basic + housing + transport), remitted to the employee’s Pension Fund Administrator within 7 working days of salary payment. PenCom applies the scheme to private employers with 3 or more employees.
- NSITF employee compensation: 1% of payroll (employer)
- ITF training levy: 1% of annual payroll for employers with 5+ staff or NGN 50 million turnover, due by 1 April of the next year
- Group life insurance: at least 3x annual emoluments
- NHF (2.5%): voluntary for private-sector staff
PAYE under the Nigeria Tax Act
From 1 January 2026 the annual bands are: first NGN 800,000 at 0%; next NGN 2.2 million at 15%; next NGN 9 million at 18%; next NGN 13 million at 21%; next NGN 25 million at 23%; and above NGN 50 million at 25%. The consolidated relief allowance was removed, rent relief of 20% of rent (up to NGN 500,000) was added, and pension contributions remain deductible. PAYE is paid to the State Internal Revenue Service by the 10th of the following month.
What this means for a foreign employer
Register with the tax authority of each state where employees are taxed, with PenCom and a Pension Fund Administrator, and with NSITF and ITF. File the annual return of employee emoluments by 31 January. Late pension remittances attract penalties, and employers that fail to deduct PAYE can be liable for the tax plus penalty and interest.
What employers should check
- Register with each relevant State IRS
- Remit pension within 7 working days of payday
- Register with NSITF and ITF
- Buy group life cover of at least 3x annual pay
- Apply the 2026 PAYE bands and rent relief
Most relevant when: When budgeting a hire and before the first payroll run in 2026.
How much notice and severance does an employer owe when ending employment in Nigeria?
How much notice and severance does an employer owe when ending employment in Nigeria?
Notice
Section 11 of the Labour Act sets minimum notice by length of service:
- up to 3 months: 1 day
- 3 months to 2 years: 1 week
- 2 to 5 years: 2 weeks
- 5 years or more: 1 month
Notice of one week or more must be in writing, and pay in lieu is allowed. Contracts commonly set longer notice for professional and management staff, and the longer period applies.
Severance and redundancy
Nigeria has no statutory severance on termination. In a redundancy, section 20 of the Labour Act requires the employer to inform the trade union or workers’ representative of the reasons and extent, apply last-in-first-out within the affected category subject to skill, ability and reliability, and use its best endeavours to negotiate redundancy payments. Terminal benefits are often set by contract or collective agreement.
What this means for a foreign employer
The National Industrial Court hears employment disputes and can award damages where a termination breaches the contract or fair labour practice. Give written reasons, follow your own disciplinary procedure, pay all final entitlements promptly and remit outstanding pension contributions.
What employers should check
- Check the contractual notice period
- Give written notice or pay in lieu
- Consult the union in any redundancy
- Pay terminal benefits set by contract
- Remit final pension and PAYE
Most relevant when: Before ending an employee’s contract or planning a restructuring.
How can a company hire a foreign national in Nigeria?
How can a company hire a foreign national in Nigeria?
What the law requires
Under the Immigration Act 2015, a company must hold an Expatriate Quota [approval to employ foreign staff in named positions] from the Federal Ministry of Interior before sponsoring a foreign employee for long-term work. The process is:
- Expatriate Quota approval for the position
- Employment (Expatriate) visa, class R2A, applied for at a Nigerian mission as an STR [Subject to Regularisation] visa; valid 90 days and not extendable
- e-CERPAC [Combined Expatriate Residence Permit and Aliens Card] from the Nigeria Immigration Service
The employer must accept immigration responsibility, and the worker may work only for the sponsoring employer.
Short assignments and the levy
Temporary Work Permit visas (classes R10 and R11) cover short-term specialist work. A business visa allows meetings and visits but not employment. The Expatriate Employment Levy launched in February 2024 was suspended in March 2024 pending consultation; check whether it has been reintroduced before budgeting.
What this means for a foreign employer
Expatriate Quota is granted to Nigerian-registered companies, so a foreign company without an entity usually needs a local subsidiary or an Employer of Record with its own quota. Nigerian understudies are typically expected for quota positions, and quota and e-CERPAC renewals must be tracked. Processing times are not published.
What employers should check
- Confirm Expatriate Quota is available for the role
- Apply for the R2A (STR) visa before travel
- Obtain the e-CERPAC residence permit
- Check Expatriate Employment Levy status
- Track quota and e-CERPAC renewal dates
Most relevant when: Before making an offer to a foreign candidate who will work in Nigeria.
Is it risky to engage independent contractors instead of employees in Nigeria?
Is it risky to engage independent contractors instead of employees in Nigeria?
How status is decided
Nigerian courts, including the National Industrial Court, look at the substance of the relationship. Signs of employment include working under the company’s control, set hours, integration into the business, use of company equipment and working exclusively for one client. A written “consultancy” label does not prevent reclassification.
Consequences of misclassification
A reclassified contractor can claim employee rights such as notice, leave and contractual benefits. The company can face back pension contributions with late-payment penalties under the Pension Reform Act 2014, unpaid PAYE assessed by the state tax authority, and NSITF and ITF arrears.
What this means for a foreign employer
Use contractors for defined, project-based work with deliverables and invoices, and require them to handle their own tax registration and returns. Avoid fixed hours, line management and exclusivity clauses in contractor agreements. For ongoing roles under your direction, employ staff through a Nigerian entity or an Employer of Record.
What employers should check
- Test each contractor for control and exclusivity
- Contract for deliverables, not hours
- Require invoices and the contractor's tax ID
- Review long-term contractors each year
Most relevant when: Before signing a long-term consultancy agreement in Nigeria.
Key employment laws in Nigeria and official sources
- Labour Act, Cap L1, Laws of the Federation of Nigeria 2004 — Sets written terms, notice, annual and sick leave, maternity leave and redundancy rules for workers.
- National Minimum Wage (Amendment) Act 2024 — Sets the national minimum wage at NGN 70,000 a month, with reviews planned every 3 years.
- Pension Reform Act 2014 — Requires minimum pension contributions of 10% (employer) and 8% (employee), prompt remittance and group life insurance.
- Nigeria Tax Act 2025 — Sets personal income tax bands, reliefs and PAYE rules from 1 January 2026.
- Employee’s Compensation Act 2010 — Requires employers to contribute 1% of payroll to NSITF for workplace injury compensation.
- Industrial Training Fund Act (as amended 2011) — Requires employers with 5+ staff or NGN 50 million turnover to pay a 1% training levy on annual payroll.
- Immigration Act 2015 — Governs Expatriate Quota, employment visas, e-CERPAC and other permits for foreign workers.
FAQs: hiring employees in Nigeria
Can a foreign company hire employees in Nigeria without a local entity?
Not directly in most cases. PAYE registration with state tax authorities, pension enrolment with a Pension Fund Administrator and Expatriate Quota approvals all assume a Nigerian employer. Foreign companies without an entity usually hire through an Employer of Record, which employs staff locally, runs payroll and handles statutory registrations while the client directs the work.
How much does an employee cost in Nigeria on top of gross salary?
About 12% of pay, plus insurance. The employer pays at least 10% pension on basic, housing and transport pay, 1% NSITF and 1% ITF (for qualifying employers), and must buy group life cover worth at least 3 times annual pay. Many employers also provide private health insurance and a 13th-month or year-end bonus by contract.
What is the minimum wage in Nigeria in 2026?
The national minimum wage is NGN 70,000 a month, set by the National Minimum Wage (Amendment) Act 2024, which was signed on 29 July 2024. It was unchanged in October 2026, although labour unions were demanding a review, and the government has committed to reviews every 3 years. Employees earning no more than the minimum wage pay no income tax.
How much notice and severance does an employer owe when dismissing an employee in Nigeria?
The Labour Act sets minimum notice of 1 day (up to 3 months’ service), 1 week (up to 2 years), 2 weeks (up to 5 years) and 1 month (5 years or more), or the longer contractual period. There is no statutory severance. In a redundancy, the employer must consult the union and negotiate redundancy pay in good faith.
Can a company hire a foreign national in Nigeria, and what permit is needed?
Yes. The Nigerian employer first obtains Expatriate Quota approval from the Ministry of Interior. The worker then gets an Employment (Expatriate) visa, class R2A, applied for as an STR visa, and an e-CERPAC residence permit from the Nigeria Immigration Service. Short specialist assignments can use a Temporary Work Permit visa instead.
Is it risky to engage contractors instead of employees in Nigeria?
Yes, when the contractor works under your control like an employee. Courts look at control, integration and exclusivity, not the contract label. Reclassification can lead to claims for notice and benefits, back pension contributions with penalties, and unpaid PAYE assessed by the state tax authority. Use contractors only for independent, project-based work.
Related NNRoad resources for Nigeria: Employer of Record in Nigeria · Payroll in Nigeria · Hiring foreign employees in Nigeria · Contractors and on-demand talent in Nigeria · Nigeria employer cost calculator
Interested In Learning More?
Talk to our local compliance specialists to discuss your specific situation:
Including employment, payroll, tax, and ongoing regulatory obligations.
Regulation Updates in Nigeria
FG DECLARES FRIDAY, 1ST MAY, 2026 AS PUBLIC HOLIDAY TO MARK 2026 WORKERS' DAY CELEBRATION
What it is: The Federal Government declared a public holiday on May 1, 2026, for International Workers’ Day.
What it changes: This public holiday alters employer obligations related to working time and may require payroll adjustments for employees who work or are paid for the day.
Who is affected:
- Workers or employers explicitly mentioned or clearly implied by the policy summary.
What employers should do:
- Review and adjust working time and payroll considerations for May 1, 2026.
- Ensure records reflect the public holiday for staff who work or are paid for the day.
Notes: Effective month: 2026-05.
Oct 2025: Gov Fubara Approves N85,000 Minimum Wage for Rivers State Workers
Rivers State approved a ₦85,000 minimum wage for civil servants in October 2024, with implementation reported from November 2024. The state-level rate is higher than Nigeria’s national ₦70,000 minimum wage. Private employers operating in Rivers State should distinguish between the state civil-service wage policy and the national minimum wage rules that apply more broadly across Nigeria.
Update first published on NNRoad in Oct 2025. The current rules are summarised in the sections above.
Oct 2025: Nigeria employment policy: Nigeria launches job centre initiative 2025
Nigeria’s Federal Government has launched a nationwide network of employability hubs on October 15, 2025, aiming to improve employment opportunities and reduce unemployment across the country. This initiative is part of the Labour Employment and Empowerment Programme (LEEP), which seeks to connect jobseekers directly with employers and streamline workforce matching processes.
Update first published on NNRoad in Oct 2025. The current rules are summarised in the sections above.
Discover the latest employment and compliance updates in Nigeria — helping you stay ahead in a changing regulatory landscape.