Legal Question in Employment Law in Nigeria

We are 8 Indians working for a bank in Lagos-Nigeria since Feb/March 09 in diff depts., and were holding senior positions in India. Our recruitments were through placements agents in New Delhi and Bangalore. All our papers were submitted for confirmations, credentials and approval by Central Bank of Nigeria to the Bank�s HRD. Till date there has not been any communications from HR asking for any clarifications or giving any contradictory informations on our confirmations/approvals or otherwise. HR had even given confirmations that all the papers have been received and being processed.

There have been some issues in banking industry in Nigeria and Central Bank Nigeria has come out with drastic measures against some bank including ours. CBN deputed new MD ofthe bank. The board of the bank got dissolved including the EDs, MD and the Chairman.

We were informed that our appointments have not been approved by Central Bank of Nigeria and were forced to resign. Old management got all the issues cleared and likely to take charge of the bank. In the meantime, we are are awaiting the instructions from the old management. We have not been paid our salary for the current month.

At the time of our recruitment, the bank has given an undertaking to Nigerian Embassy in India that they would pay us as per the appointment letter, take care of our accommodations etc etc based on which our visas were also issued by Nigerian Embassy.

The issue of approval from CBN has not been informed to us at the time of recruitment and we were told that our recruitment is as per the rules and regulations of the country andbanking industry. Our pleadings on this are not being heard by the CBN representatives, who it appears, is bent upon removing us.

Morever, even if they are removing us, we need to get 3 months� notice period salary plus leave encashment and other benefits as per bank�s rules � which is also being declined by the new guy.

Please advise what we need to do.?

1. Level � Asst Gen manager/Dy Gen Manager

2. No where mentioned that continuity or otherwise is subject to CBN approval.

3. Only confirmation is mentioned as subject to performance and reference checks � which have been fine and submitted.

4. Probation period � 6 months � 6 months over in aug /sept 09.

Answer recd: Yes we are aware of the recent development in Nigeria Banking sector. You did not mention your positions. But it obviously very clear that the positions require CBN approvals.

To really advise proprly I need to the know the positions. This would help in determining when an approval for a position should be obtained and whose duty it to do so.

CBN's action involves great deal of labour law. But to determine infringement. I need to also view documents/agreements relating to your employment etc.

Okey Onyekanma

inns Law Firm

174 Broad Street, Lagos. P.O. Box 73785, Victoria Island

Lagos, Nigeria 23401

► Other answers from this attorney

Subsequent answer from M/s.Okey Onyekanma

Ok. I would believe you have a good case. But the terms of your Employment Agreement must be viewed by by us before a definite advise can be given.

But in all I believe you have good case to seek for restitution of your rights i.e Notice or Payment in lieu.

Okey Onyekanma

inns Law Firm

174 Broad Street, Lagos. P.O. Box 73785, Victoria Island

Lagos, Nigeria 23401

Subsequent question - Sirs, How will I proceed? Should I write to CBN or the new management of the bank? The bank has also kept our final settlement ready and forced us to come and collect failing which they would have forfeited the amount. Any other department in Nigeria/India, who would help us in this matter.

sirs, you have replied above question.

one more question sir (may not be the last)...please tell me how many days can i wait to put up my case to Indian Govt/CBN/other authorities? to keep my case alive.

thanks again for all the help and advise.

regards,

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