1.1.  Commencement of employment

• Your employment with the Company began on date mentioned above (Date of Employment)

and Your period of continuous employment began same day

1.2. Probationary Period

• The first 6 months of Your employment will be a probationary period during which  Your performance and suitability for continued employment will be reviewed.
• The Company reserves the right to extend the probationary period by up to a further 3 months at its discretion. For the avoidance of doubt any reference to the ‘probationary period’ includes any extended probationary period.
• Your employment may be terminated without notice during the first month of the probationary period, and on one week’s notice given in writing by the Organisation at any other time during or at the end of the probationary period.
• The period of notice to be given by You to terminate Your employment during the probationary period is a minimum of two weeks during the first 3 months, and one calendar month at any other time during or at the end of the probationary period.
• At the end of Your probationary period, you will be informed in writing after a successful interview, if You have successfully completed Your probationary period. If You do not receive any written confirmation, your probationary period continues. A letter of termination can also be given if your performance is below our expectations

1.3.Job Title and Duties

• You are employed as the Position/Role stated above and Your duties are as set out in Your Job Description, which has been given to You.
• In addition to Your normal duties, you may be required to undertake other duties from time to time as we may reasonably require.
• On a day-to-day basis You are required to report to Your Manager

1.4.Place of work

• You may also be required to work at any other locations, or premises associated with the Organisation as directed. The Organisation reserves the right to permanently change Your normal place of work to any place within Nigeria and You will be given notice of any such changes. Due to the nature of Your role, you will also be required to attend and work at our service users’ homes or communities.

1.5. Warranties

• You warrant to Us that all information You have supplied to the Organisation prior to Your employment including, but not limited to any qualifications, professional registration number(s) and other relevant matters, whether in an application form, at interview, in correspondence or otherwise, is true, accurate and complete.
• You warrant and agree to immediately inform the Company if at any time You are questioned, arrested, charged or summonsed in connection with a criminal offence of any nature (whether or not You believe, you are guilty and whether or not any further action is taken).
• You represent and warrant to Us that, by entering into this agreement or performing any of your obligations under it, you will not be in breach of any court order or any express or implied terms of any contract or other obligation binding on You and undertake to indemnify us against any claims, costs, damages, liabilities or expenses which we may incur as a result if You are in breach of any such obligations.
• You acknowledge that, in the event that the Company reasonably believes that You are in breach of any warranty set out, such breach may be treated as gross misconduct for which You may be summarily dismissed.

1.6. Pay

• Your basic salary and allowances at the commencement of this agreement is as written on job offer letter.
• You will be paid monthly in arrears by credit transfer into Your bank account on the last working day of each calendar month, or if that day is a weekend or public holiday, on the previous or subsequent banking day. You will be informed of any temporary or permanent changes to your payroll dates.

1.7. Normal days and hours of work

• Your days and time of work depend on your role and location of work
• Your normal hours of work will be based on a monthly roster system or on your role. Please note that due to unforeseen circumstances the roster may be subject to change at short notice (if applicable).
• As part of your role, you will also be expected to respond to matters which may be escalated to you by the ‘on-call’ service, outside Your normal working hours, including on weekdays, weekends, and public holidays. The ‘on-call’ service exists to offer advice and support to staff and service users and to deal with emergency situations as required when You agree that You may be contacted in such circumstances. If You are required to work in response to an emergency ‘on-call’ matter, this is included as part of your obligations.
• Your weekly hours must be submitted to the office/manager and reconciled by 12 midday every Friday each week.(or submitted via Email.(finance@confidencecarefdn.org)
• During Your shift You will normally be able to take a break of half an hour, to be taken at a time convenient to the needs of the Organisation and its service users. However, due to the need to provide continuity of care to service users it may not always be possible to facilitate uninterrupted breaks.
• You are required to work any weekday, weekend, public holiday, and sleep-in/waking night shifts if allocated to You. Due to the nature of the service the organisation provides, you may also be required to work additional hours at short notice e.g., in the event of an emergency such as staff sickness, community outreaches etc.

• In certain circumstances, you may be asked to work overtime if required or as the need arises
• The Organisation has the right to require You to remain away from work and on such conditions as the Organisation may specify.
• The Organisation reserves the right  temporarily to lay You off without pay or to reduce Your normal hours of work and to reduce Your pay proportionately on giving You as much advance notice as it can reasonably give if, in the Organisation’s opinion, it becomes necessary to do so.

1.8. Deductions

• The Organisation reserves the right in its absolute discretion to deduct from Your pay any sums which You may owe the Organisation including, without limitation, any course fees, over-payments, uniform costs, accommodation cost, loans e.t.c. made to You by the Organisation, or losses suffered by the Organisation as a result of Your negligence or breach of Organisation’s rules.
• The Organisation also has the right to deduct a day’s pay for each day of unauthorized absence, which includes You leaving Your employment without giving the appropriate notice or approval, or if during Your notice period You terminate Your employment early.

1.9. Holiday entitlement

• The Organisation’s holiday year runs from 1st January to 31^st December annually.
• Your holiday entitlement is 10 to 14 days paid holiday per year, depending on your position or role, which will be calculated in accordance with the number of days that You normally work. Your holiday entitlement is inclusive of all statutory public holidays. If You have joined the Organisation during the course of the holiday year, then Your holiday entitlement will be calculated on a pro rata basis.
• The Organisation reserves the right to require You to work on a statutory holiday or weekends.
• To help preserve continuity of care to service users, no holidays may be taken between December and January.
• You must give at least one month’s notice of Your proposed holiday date, using the Organisation’s holiday request form, which must then be agreed by the Organisation. Please note that holidays will normally be agreed on a ‘first come first served’ basis. You are therefore advised to check the holiday roster, submit a holiday request and wait for confirmation that it has been approved before absenting yourself from duty or making any travel. Only with the express authorization of the Executive Director may any of the Organisation’s rules regarding the taking of holiday be varied.
• It is the Organisation’s policy that holiday entitlement will be limited to a maximum of one week at any one time.
• In exceptional circumstances, and only with the express authorization of Executive Director You may be permitted to carry forward up to a maximum of one-week unused holiday entitlement to a subsequent holiday year.
• You will not be entitled to receive pay in lieu of any unused holiday entitlement .
• Upon termination of Your employment, you will be entitled to pay in lieu of any unused holiday entitlement. You will be required to repay to the Organisation pay received for holiday taken in excess of Your entitlement. Any sums so due may be deducted from any money owing to You. The Organisation reserves the right to require You to take any unused holiday entitlement during your notice period, even if booked to be taken after the end of the notice period.
• For the purpose of calculating any pay due to You or owed by You to the Organisation, one day’s pay shall be 1/30 or 1/26 as the case maybe, of Your basic salary. Your day rate of pay is calculated as one day’s pay divided by the number of days in Your normal working days in a month (which for the avoidance of doubt excludes any allowances).

1.10. Notification of sickness or other absence

• If You are unable to attend work for any reason ( in an emergency) and Your absence has not previously been authorized by the organisation, You must inform Your Manager or the Office by phone a call of the fact of Your absence, the full reasons for it and the date on which You are expected to return as soon as possible and no later than 24 hours before You were due to start.The  Organisation recognises that in exceptional circumstances, for reasons connected to Your absence, you may not be able to make a call in person (although You should make every effort to do so). If a friend or relative can make a call on Your behalf, and they must leave a contact number on which both You and they can be contacted. These procedures must be adhered to and under no circumstances should You inform anyone of Your absence by any other means, e.g., by text or email.
• If You are absent from work due to sickness or injury that continues for more than three days (including weekends) You must provide the Organisation with a medical certificate by the fourth day of sickness or injury. Thereafter, medical certificates must be provided to the Organisation to cover any continued absence. You are required to keep the Organisation informed about Your progress and your likely date of resumption.
• The Organisation may, at any time while You are absent from work because of sickness or injury, require You to:
  • undergo a medical examination (at the organisation ’s expense) with a medical practitioner nominated by the Organisation; and/or give written permission to the Organisation to have access to any medical or health report in its complete form on your physical or mental condition, prepared by the medical practitioner nominated by the Organisation; and/or

• Be interviewed by any member of the management as appropriate (at Your home, if necessary).
• You agree to co-operate with any such requests and to attend any appointments that are arranged for You with a medical examiner.

1.11. Pension

• The Organisation has put in place a pension scheme, which You are entitled to join. Please contact Your Manager or the Office for details of the scheme.

1.12. Notice of Termination

• Following the successful completion of Your probationary period, the period of notice to be given in writing by the Organisation to terminate Your employment is a one month notice
• The period of notice to be given by you to terminate Your employment is a minimum of 1 month from the start of Your employment up to 3 months service, and thereafter:
  • One months’ notice from 3 months to 1 years’
  • Three months’ notice from 1 year and above

• The Company reserves the right to pay you a sum in lieu of notice equal to Your basic salary (as at the date of termination and depending on the offence) which You would have been entitled to receive during the notice. (or, if notice has already been given, during the remainder of the notice period) less income tax and other allowances. For the avoidance of doubt, the payment in lieu shall not include any bonus or commission payments or any payment in respect of benefits or holiday that might otherwise have accrued or been due during the period for which the payment in lieu is made.
• Once notice of termination has been given, the Organisation reserves the right to require You not to attend to work or carry out any duties for them, though depending on the gravity of the offence committed
• Nothing in these terms and conditions of employment shall prevent the Organisation from terminating Your employment without notice or pay in lieu of notice in appropriate circumstances.
• If You terminate Your employment without giving or working the required period of notice, you will have an amount equal to the duration of notice period deducted. Your duties during the notice period not Worked will be deducted from welfare contributions or any money due to you. You will also forfeit any contractual accrued holiday pay due to You over and above Your statutory holiday pay, if You fail to give or work the required period of notice.
• On the termination of Your employment, you must return all our properties which are in Your possession or for which You are responsible for. Failure to return such items will result in the cost of the items being deducted from any payment outstanding to You.
• If You are in possession of the Organisation's vehicle, laptop or other items, then on termination of Your employment, You must return it to our premises or as otherwise directed. Failure to return the all items will result in the cost of its recovery being deducted from any payment outstanding to You, or report you to the security agency
• You must immediately notify us of the full circumstances if at any time during Your employment You are interviewed, arrested, bailed, charged, convicted (including a caution or discharge) or sentenced in connection with any criminal offence, whether in Nigeria or elsewhere, including any driving offence.

• Notify us immediately in writing and obtain approval if You are going to be absent from work for any period of time, with details of the reason for your absence and the anticipated length of your return. All absences should be notified in accordance with the relevant Organisation’s policy that governs the reason for the absence, for example the [Sickness Absence, Maternity etc Policies].
• Failure to observe these obligations may lead to disciplinary action being taken against You under the Disciplinary Procedure.

2. Car

3.1 If You use Your own vehicle for work purposes You are responsible for ensuring that the vehicle is adequately insured for use and that it is in a safe and roadworthy condition, which including all necessary documentation.

• Upon request You must produce Your original driving license and insurance documents to the organisation so they may be copied and kept on file. Failure to produce these documents may result in formal disciplinary action being taken against You.
• You must promptly notify the Company of any accidents in which You are involved, any charges for driving offences brought against You, any convictions and any punishment imposed (whether driving Your own vehicle or organisation vehicle).

• You are responsible for the payment of all fines incurred for traffic offences and these amounts may not be reclaimed from expenses. Any sums the organisation has to pay for offences committed or expenses/penalties incurred by you will be deducted from Your pay.

3.Acceptance of Gifts

• You may not without prior written consent of the Organisation accept any gift and/or favour of whatever kind from any client or resident (or their family member), client, partner or supplier of the Organisation or any prospective resident, client or supplier of the Organisation.
• If for any reason(s)You receive a gift and/or favour of any kind, you must notify Your Manager or the Office as soon as possible.

4.Disciplinary and Grievance Procedures

• If You have a grievance relating to Your employment, you should proceed in accordance with the Organisation’s Grievance Procedure, which does not form part of Your terms and conditions of employment.
• The Organisation deals with disciplinary matters in accordance with its Disciplinary Procedure, which does not form part of Your terms and conditions of employment.
• The organisation may suspend You from work for a reasonable period to enable it to carry out enquiries or investigations as may be necessary. Where possible, the organisation will endeavor to limit such period to a maximum of 2 weeks or more, but there may be instances where this is not practical.

5. Retirement

• The organisation does not operate a normal retirement age and therefore You will not be compulsorily retired on reaching a particular age. However, you can choose to voluntarily retire whenever You wish, provided You give the organisation the required period of notice of termination of Your employment.

6.Other employment

• You must devote the whole of Your time, attention and abilities during Your hours of work for the Organisation. You may not, under any circumstances, whether directly or indirectly, undertake any other duties unrelated to the Organisation or whatever kind, during Your hours of work for the Organisation.
• You may not without the prior written consent of the Organisation (which will not be unreasonably withheld) engage, whether directly or indirectly, in any business or employment, which is similar or in any way connected to or competitive with the business of the Organisation in which You work, or which could or might reasonably be considered by others to impair/limit Your ability to act at all times in the best interests of the Organisation, outside Your hours of work for the Organisation.
• So that the Organisation can effectively monitor Your working hours You must notify the Organisation if You undertake any other work whether that work is paid or voluntary.

7.Confidentiality

• For the purposes of this clause, ‘Confidential Information’ means all and any information (whether or not recorded in documentary form, or stored on any device, magnetic, optical disk or memory) relating to the Organisation’s business, products, affairs, finances, pricing, employees, and trade secrets including without limitation technical data and know- how relating to the Organisation’s business or any of its business contacts or any of its service users, service users contracts or pricing, clients, suppliers or agents etc which the Organisation regards as confidential and in respect of its service users’ personal information.
• You must not (except in the proper course of your duties), either during Your employment or at any time after Your employment terminates (however arising), use or disclose to any person, company or other organisations whatsoever (and shall use Your best endeavours to prevent the public or disclosure) of any Confidential Information. This shall not apply to:
• Any use or disclosure authorised in writing by the Organisation or as required by law.
• Any information which is already in, or comes into, the public domain other than through your unauthorised disclosure; or
• You must not remove any documents (electronic or hardcopy), records, contact details or tangible items which belong to the Organisation, or which contain any Confidential Information in respect of the organisation or its service users from the Organisation’s premises at any time without proper advance authorisation in writing.
• You must return to the Organisation all documents and delete from your personal gadgets upon request and, in any event, upon the termination of Your employment:
• All documents, books, materials, records, correspondence, papers and information (on whatever media and wherever located) relating to the Organisation’s business or affairs, or relating to its service users, business contacts, any keys, credit cards,laptop, hard drive, flash and any other properties of the Organisation which is in your possession or under your control.

• You are required Irretrievably delete any information relating to the organisation’s business or service users stored on your gadgets/devices and all matters derived from such which is in your possession or under your control outside our premises; and provide a signed statement that you have complied fully with your obligations under this clause together with such reasonable evidence of compliance as we may request.

8.Health and Safety at work

• The Organisation will take all reasonably practicable steps to ensure Your health, safety and welfare whilst at work. It is also Your legal duty to take care of Your own health and safety and that of Your colleagues and service users. You are required to read and comply with the Organisation’s Health and Safety Policy Statement, a copy of which can be obtained from Your Manager or the Office.
• The Organisation operates a strictly no smoking policy. You are not permitted to smoke or drink alcohol anywhere on the Organisation’s premises, client house or in any Organisation vehicle whilst You are on duty

9.Positive work environment

• In order that the organisation may maintain a positive work environment for all employees, you are required not to engage in or permit any fellow employee to engage in any harassment or unlawful discrimination (because of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation) against any person (whether or not they are an employee or client) during the course of Your employment.

10.Training and Qualifications

• You agree to undertake all necessary training, as determined by the organisation
• You will be entitled to appropriate time off for relevant training and qualification purposes with the prior approval of a Executive Director, and the Organisation may meet the costs of any training or courses that You are required to undertake. A Director will discuss whether the Organisation will meet the cost of specific training or courses with You at the time You submit Your request.
• Should Your employment terminate within 12 months from the date You completed any training course, you will pay, and the Organisation will be entitled to recover from You the cost (including fees, expenses and other costs) of that course/courses on a proportionate basis based on the number of months since the course was completed. Further, should You fail to attend or complete a course that the Organisation has agreed to pay for, you will pay, and the Organisation will be entitled to recover from You the full cost of that course.
• You agree to the Organisation deducting the sums under this clause from Your salary or any outstanding payments due to You.

11. Data protection

• The Organisation will collect and process information relating to you in accordance with the privacy notice which has been issued to you and is available on the Organisation network folder which you have access to.
• You shall comply with our Data Protection Policy when handling personal data in the course of employment including personal data relating to any employee, worker, Partners, contractor, customer, client, service user, supplier or agent of the Organisation. You will also comply with the organisation's IT and communications systems policy, social media policy, and any other/updated company policies during the course of your employment.
• Failure to comply with the Data Protection Policy or any of the policies may be dealt with under our disciplinary procedure and, in serious cases, may be treated as gross misconduct leading to summary

12.Collective Agreements

• There are no collective agreements which directly affect the terms and conditions of Your employment.

13.Changes to Your terms of employment

• The Organisation reserves the right to review, revise, amend or replace the contents of Your terms and conditions of employment and will notify You in writing of such changes at the earliest opportunity.
• Such changes will be deemed to be accepted unless You notify the organisation of any objection in writing.

14. Revocation

• This contract sets out the terms and conditions of Your employment with the Organisation at the date of Your signature to and acceptance of it, and apart from the initial conditional offer letter, supersedes all previous contracts, arrangements, or agreements (whether oral or in writing) between You and the Organisation in relation to the matters dealt within it.

15.Restrictive covenants - Interpretation

• The definitions and rules of interpretation in this clause apply in this
• Appointment: officially designating someone to a particular position or role, or the position itself
• Board: the board of Trustee or directors of the Company (including any committee of the board duly appointed by it).
• Capacity: as agent, consultant, director, employee, worker, owner, partner or shareholder.
• Confidential Information: as defined at clause 7
• Garden Leave: any period during which we have exercised our rights and required you not to do any work or contact our employees, service users, or business contacts.
• Restricted Business: means the provision of personal, domestic, social care and supported living services and all or any other activities carried on by those parts of the Organisation’s business with which you were involved to a material extent in the 12 months before Termination.
• Restricted Service User: any client, customer or person who, during the 12 months before Termination, was a service user or prospective service user of the Organisation or in the habit of dealing with the Organisation and with whom You (or anyone working under Your supervision or control) had personal contact in the course of your
• Restricted Person: anyone employed or engaged by the organisation with whom you dealt in the 12 months before Termination in the course of your employment.
• Termination: the termination of your employment with us howsoever caused.
• Post-termination restrictions - In order to protect the Confidential Information and the Organisation's business connections to which you have access as a result of the Appointment, you covenant with us that you shall not:
• for 12 months after Termination, solicit or endeavour to entice away from the Organisation the business or custom of a Restricted Service User with a view to providing goods or services to that Restricted Service User in competition with any Restricted Business.
• for 12 months after Termination in the course of any business concern which is in competition with any Restricted Business, offer to employ or engage or otherwise endeavour to entice away from the Organisation any Restricted Person.
• for 12 months after Termination in the course of any business concern which is in competition with any Restricted Business, employ or engage or otherwise facilitate the employment or engagement of any Restricted Person, whether or not such person would be in breach of contract as a result of such employment or Engagement
• for 12 months after Termination, be involved in any Capacity with any business concern which is (or intends to be) in competition with any Restricted Business.
• for 12 months after Termination, be involved with the provision of goods or services to (or otherwise have any business dealings with) any Restricted Service User in the course of any business concern which is in competition with any Restricted Business; or
• at any time after Termination, represent yourself as connected with the Organisation in any Capacity, other than as a former employee, or use any registered names or trading names associated with the Organisation.
• None of the restrictions in this clause shall prevent you from:
• being engaged or concerned in any business concern so far as your duties or work shall relate solely to geographical areas where the business concern is not in competition with any Restricted Business;
• being engaged or concerned in any business concern, provided that your duties or work shall relate solely to services or activities of a kind with which you were not concerned to a material extent in the 12 months before Termination.

• The restrictions imposed on you by clause 3 apply to you acting:
  • directly or indirectly; and
  • on your own behalf or on behalf of, or in conjunction with, any firm, Organisation, company or person.

• The periods for which the restrictions in clause 15 apply shall be reduced by any period that you spend on Garden Leave immediately before Termination.
• If, during the Appointment or before the expiry of the last of the covenants, you receive an approach or offer to be involved in any Capacity in a business which competes with any part or parts of the organisation 's business with which you are or have been involved to a material extent during the appointment, you shall:
• notify the organisation in writing of the fact of the approach or offer and the identity of the person making the approach or offer as soon as possible; and
• give the person making the offer a copy of the covenants within seven days of the offer being made.
• The obligations contained in this clause 15. are continuing obligations and shall also apply if, at any time subsequent to the relevant approach or offer being made but before the expiry of the last of the covenants in clause 15., the business making the offer or approach so competes with the organisation 's business.
• If, at any time during your employment, two or more Restricted Persons have left their employment, appointment or engagement with us to carry out services for a business concern which competes with, or is intended to compete with any Restricted Business, you will not at any time during the 12 months following the last date on which any of those Restricted Persons were employed or engaged by us, be employed or engaged in any way with that business concern.
• If your employment is transferred to any firm, company, person or entity other than a Group Company (the "New Employer") pursuant to the Transfer of Undertakings, you will, if required, enter into an agreement with the New Employer containing post termination restrictions corresponding to those restrictions in this clause 7, protecting the confidential information, trade secrets and business.

I have read, and I understand the above Terms and Conditions of Employment. I agree that they form part of my Contract of Employment: