Frequently asked questions

Job abandonment in Nigeria

In recent years in Nigeria, more people are relocating abroad for better opportunities for work, improved quality of life, higher education, etc. This has led to many employees leaving their jobs without notice or proper engagement with their employers about their plans. Employers are therefore faced with dealing with job abandonment and how it impacts their businesses. To navigate this issue, here are responses to frequently asked questions on job abandonment in Nigeria.

What is job abandonment?

Job abandonment occurs when an employee leaves their job without notice to or permission from the employer and in most cases with the intention of not returning to work.

What laws govern job abandonment in Nigeria?

There are no statutory laws that govern job abandonment in Nigeria. Job abandonment is mainly governed by the terms of employment i.e., employment contract, employee handbook or company policy and applicable collective bargaining agreement. Decisions of the courts in Nigeria on job abandonment is also applicable.

What is the effect of job abandonment on the employer?

Since job abandonment occurs mostly unexpectedly, it can lead to unfinished tasks, missed deadlines by the employee, disruption to the organisation’s workflow, leaving the remaining employees feeling overwhelmed. The uncertainty relating to the whereabouts of the employee may also affect the morale of other employees.

In what circumstances can an employer declare that an employee has abandoned their job?

1. An employer can declare that an employee has abandoned his job if the employee fails to show up to work within the grace period stipulated in the employer’s policy.
2. If the employer does not have a policy on job abandonment, then the employer can give the employee a reasonable grace period to return to work. This grace period is required in case the employee is away from work without contact due to an uncontrollable situation. Once the grace period expires and the employee has still not returned to work, then the employer can deem the employment terminated.

Is job abandonment considered a breach of the employee’s terms of employment?

Yes, job abandonment is considered a breach of an employee’s terms of employment and the employer can effectively treat the contract duly terminated. If the employee subsequently returns to work, the employer can take disciplinary action against the employee up to summary dismissal for fundamental breach of the employment contract.

What is the process of termination of employment for job abandonment?

There is no specific process for terminating an employee’s employment for job abandonment. Where the terms of employment provide for job abandonment, the process stipulated therein should be followed.

Can an employee be deemed to have abandoned their job without any formal process of termination?   

Yes, if the company policy provides for automatic termination from job abandonment. If this is the case, the employee would be considered to have terminated their employment by job abandonment if they fail to return to work after the grace period provided by the company. No formal process such as issuing a notice of termination of employment will be required.

What is the employee entitled to upon job abandonment?

This will be subject to the terms of employment of the employee. The employer’s policy may provide that the employee will forfeit certain benefits if they abandon their job including any applicable bonus or a job referral. The employer is however required to pay the employee his salary up to the date of their job abandonment.

How can employers navigate job abandonment?

1. Clear policy on job abandonment – It is important for employers to have a job abandonment policy to ensure a well-defined process on this. The policy should specify what constitutes job abandonment, the grace period given to the employees and the effect of the job abandonment e.g. voluntary and automatic termination of employment by the employee. This ensures that both the employer and employee are clear on how job abandonment will be treated by the employer.
2. Teamwork – An employer must foster team work so that where an employee abandons their job, other employees can step in without leaving a gap in service delivery.
3. Fostering a positive work environment – By creating a conducive work environment where open communication is encouraged, an employee will be more inclined to discuss their plans or situations/issues with the employer rather than just taking off without any notice. Regular check-ins, open door policies, opportunities for feedback foster an environment where employees are free to discuss their issues with the employer.